CRIMINAL LAW RESEARCH
Year:2018 | Volume:6 | Issue:22 |Papers Count:10

From the view of Iran's criminal law, a person suffering from the mental disorder, to be considered as insane, must lack the will and distinguishing power. This general principle is common in all mental disorders. However, determining how many mental disorders divest will and distinguishing power is not an easy job. A bipolar personality disorder is one of the mental disorders which is inflicted in many misconceptions and challenges from the view of determining criminal liability. In this paper, by investigating the criminal responsibility of patients suffering from the bipolar personality disorder, we conclude that this disorder cannot be a factor to eliminate criminal liability except for hududd crimes. However, in other crimes, it can be considered a factor to moderate the criminal liability.

The emergence of the industrial revolution in 19th century, besides the economic evolutions of advanced societies, has been accompanied by change or amendment of some current institutes and notions of criminal law. Among these fundamental changes, it was discussed that the there was no need to prove the mental element of the crime (subjective interaction) due to the fact that life has been mechanized. Instead, a sane person’ behavior is to be evaluated regardless of delinquent personal features. This theory is called typical fault. This paper seeks to examine this issue from the criminological perspective, and analyze the selection of standard behavior pattern by focusing on the theoretical approach of rational selection and through this criminological realization, express the impact of fault basis change in preventing from unintentional crimes incidence or reduction of its severity along with providing its limitations.

The growth of information technology, use of internet and social communications by computer-oriented process cause to increasing using of social networks. Hence, the use of these networks has become a part of life style. Joining to social networks and communication with people thorough cyber communications can share the knowledge and professions. However, one of the most important effects of social networks is sexual victimization of women. Findings of this research reveal that one of the most important types of women victimization is a sexual victimization. Therefore, this research analyses the sexual victimization of women in Tango and evaluates the preventive measures. According to the findings, general profile, not paying attention to the privacy by users, finding users from several ways, no supervision on sending pictures and videos by Tango and loss of good mechanism to find offenders have increased the fallout of Tango concerning the sexual victimization of women.

The crimes against humanity, a disaster of the 20th century and the present time, has given rise to the terrible human tragedies in the human societies. To find some vital strategies to prevent such crimes is a must since the high number of the victims and the casualties of these crimes are considered a great threat to the international peace and security. Reaching a comprehensive plan in order to prevent these highly complex nature crimes requires seems to be impossible. However, this fact should not stop us from attempting to reach necessary strategies to prevent such crimes. These strategies are studied from two perspectives: penal and non-penal one. In the non- penal approach, according to the common and classical criminological classification, social and situational issues will be analyzed here in. The penal prevention which is materialized through punishing criminals against humanity can play an important part in this respect by neutralizing the thought of not punishing the criminals as a factor stimulating committing these crimes on the, on the one hand, and pacifying the victims and preventing them to retaliate, on the other hand. The non-penal prevention which is beyond the scope of criminal system in situational prevention contains actions such as warning, special envoys, introducing peace keeper, boycott, humanitarian military intervention, facilitating the escape of victims. In the scope of social prevention, it contains actions such as promoting human rights respect, boosting good government, facing stimulating and extremist ideologies, modifying hard living situations, settling disputes and expanding dialogue atmosphere, improving some cultural structures, reconciliation whit the past events and healing those affected by these crimes, improving media moralities reacting against human rights violations, restricting weapon contrabands, changing diplomacy logics from gaining profits to humanitarian causes. The given strategies may pave the way for preventing these crimes.

During the last three decades, Iranian society has been facing a dramatic increase in behaviors including drug abuse, prostitution, and alcoholism. Iranian penal justice system, notwithstanding the application of strict punishment approaches and numerous preventive policies, not only has failed to prevent the emergence of such behaviors but also has neglected targeted reduction of harms from such behaviors like the HIV-AIDS outbreak. The most important reason for the Iranian policy makers' reluctance to adopt such approaches as "harm reduction policies" has been jurisprudential and shariarelated obstacles. However, even though there are numerous arguments within jurisprudential texts banning the above-mentioned anti-social behaviours, in the confrontation of the traditional approach (aiming at punishment and cure) and the harm reduction policies (aiming at promoting individual and social health), such fundamental arguments as "the Opposite", "the Congregation of Sanction and Interdiction", and "obstruction" could be of interest in justifying the latter policy. A clarification of fundamental arguments would indicate that "obstruction" and "the Congregation of Sanction and Interdiction" in most cases stipulate the interest of the harm reduction policy over the traditional approach. Thus, it is suggested that instead of irregular and temporary harm reduction policies adopted by executive authorities, the legislator formulates a comprehensive policy addressing such issues.

Counterfeit medicine trafficking threatens public health regardless of its harmful economic consequences and has made the international community determined to effectively fight against it. The criminalization of counterfeit medicine trafficking and similar behaviors, according to an international instrument, is one of the most important strategies to fight against this phenomenon. However, at the regional level, the Council of Europe Convention (MEDICRIME) has proposed the criminalization of counterfeit medicine trafficking and similar behaviors and provided an appropriate response to it by the Member States. In the Iranian law, “the Act relating to medical and pharmaceutical regulations” ratified in 1955 with subsequent adhesions, without reference to medicine trafficking, attempted to organize medicine importation and exportation and fight against the medicine counterfeiting. However, the law on Fighting against Smuggling of Goods and Currency ratified in 2014 has clearly criminalized medicine trafficking, regarded trafficking medicine-like other goods - as an economic crime and in the criminalization. It has considered no prominent role for public health. The article suggests defining the concept of counterfeit and illegal medicines and independent criminalization of trafficking counterfeit and illegal medicines such as substandard medicines which falls into the category of crimes against health, due to its harmful consequences on people’s health.

In the wake of the approval of the Islamic Penal Code (IPC) in 1392 and under Article 286, the crime of corruption on earth, with general documentation, was added to the collection of criminal categories and, in practice, ended the theoretical discussions regarding separating or not separating it from waging war. Although there are numerous serious legal criticisms concerning the foundations of this new approach, this action compared to previous instances is considered a considerable effort to observe the principle of legality of crime and punishment. The admission of corruption on earth as an independent crime deserving punishment, requires the legal document, regardless of the legal issues and opposing views, to be criticized legally and its unknown aspects should be discovered. The unbridled development of the ways of the realization of the material element of the crime; neglecting the different quality of the realization of this crime in the Penal Code with its instances in other special criminal laws; the lack of tangible and measurable criteria to differentiate between multiple the defendant who commits multiple crimes and benefits from the law of the multiplicity of crimes and its merged effects and the defendant who is, in a similar situation, suspected to commit corruption on earth; and finally, the use of interpretable terms and phrases such as "widely" and "largely" are only a part of the legal - judicial challenges and ambiguities of this legal document.

In the case of murder, the holders of the right to retaliation (Qisas), can ask for the execution of a murderer or through the consent, Qisas converts to blood money. Also, they can pardon the murderer and spare the murderer’s life. In addition, when it comes to manslaughter, there are also two rights: Asking blood money and the forgiving. Now, the question is that if murdered is a debtor, are these rights will be preserved? In response to the question, regarding the relationship between Qisas with public order and the supremacy of public interest over private interests, the right to Qisas is preferable. However, Blood money is prior to murderer’s right to life. As a result, blood money should be used to pay the debt of murdered. Forgiveness of murderer without compensation is against the normal behavior. As such, the fault is considered. Consequently, they have no right of forgiveness of the murderer unless they obtain the consent of creditors.

Prosecution of some African heads of states and claims of selective justice International Criminal Court caused deep dissatisfaction with the African Union. The position of the Union and some African countries in the form of withdrawal of the International Criminal Court was proposed and followed by the codification of the Malabo Protocol in 2014 and the establishment of the African Court of Justice and Human Right. African Court Protocol failed to come to force because of Malabo has not yet started. The present essay will analyze the protest of Africa to the administration of justice of the International Criminal Court and its effort to realize the criminal justice area and thereby jurisdiction African Court of Justice and Human Rights and challenge the immunity of heads of protocol Malabo and cooperation enshrined in the Rome Statute (1998).

In some of the judicial systems in which legal and criminal courts consider the lawsuits in their own specific scope of competency, it is considered as a principle that legal courts consider civil lawsuits and criminal courts consider criminal lawsuits. However, in some cases, criminal courts may become competent to consider legal cases. Private lawsuit due to a crime may be filed by the victim in order to compensate material or spiritual losses, or the loss due to possible profit. Such cases, in terms of nature, are considered as a civil liability of the offender and in terms of formalities, require observance of civil procedures proceedings. A Private lawsuit due to a crime is considered as a legal case. Private lawsuit due to a crime has similarities and differences with public lawsuit. A private lawsuit, in terms of its goal, claimant and defendant and competency, is different from a public lawsuit and in terms of its origin and competency of the criminal court, is alike the public lawsuit. In some cases, the legislator, since the criminal court is completely aware of details of a criminal case and its damages and also in order to prevent from extending proceeding duration and additional waste of time and cost of the victim, has permitted the criminal court to consider the claim of loss and damage due to the crime, based on presence of some conditions. In this paper, first, conditions to file a civil lawsuit in a criminal court and then, conditions, nature, effects and advantages of filing a civil lawsuit in criminal courts would be considered and analyzed.