CRIMINAL LAW RESEARCH
Year:2015 | Volume:3 | Issue:11 |Papers Count:6

Punishment like other social phenomena plays several roles in social interaction. Some of these roles are explicit but some implicit. The relation between punishment and power is among the implicit roles of these social phenomena.Punishment is not merely a tool for protecting from Social Solidarity. In contrast, we must see punishment as technology of Power. Punishment can be used to protect and generation of authority. There is deep relation between punitive reactions such as punishment and shapes of power. Power based on the violation uses physical and harsh punishments. But, power based on the industry uses producing punishments. And ultimately, modern power based on the economics of chastisement. Close relation between modern power and science, brings for modern power ability of training and generate law – abiding citizens.

The purpose of the criminal justice system is to deal with criminals by punishing them.However, in some cases, instead of the actual criminals, innocent individuals are convicted for a crime. The main question of this study is to consider the mechanisms of the criminal justice system to improve the unfair and inaccurate result of trail. Reopening trail, which is a mechanism that Iran's legal system, like many other countries, has predicted. However, some procedural restrictions such as laps of time, make problem to hear all claims of innocence. Actually, there will be innocent convicts who never will get the opportunity to prove his/her innocence. After conviction, criminal justice system assumes the conviction is completely true. Hence, it does not find itself responsible so much. Few countries, have special system includes commission and procedure to consider the claims of innocence. finally, the role of non-governmental organization and innocence movements in this connection is undeniable.

According European Court of Human rights interpretation on section 6 of European convention of fundamental rights, “penal realm” interred legal texts. In light of this legal institution, hearing process of offences naturally have penal sanctions must be done in observance of fair trial requirements. This paper attempt to answer two questions: which Police disciplinary offenses can inter penal realm? Is process of hearings in semi judicial commissions in police Organization accord whit fair trial requirements.This Research firstly considers penal realm criteria and kinds of disciplinary sanctions in Police organization to identify which sanctions included in penal realm. After identifying offenses included in penal realm, the Paper considers hearing process of Police disciplinary commissions to answer second question and identify defects current in provisions and practices. In next game through identifying conditions of current situation, the Paper gives resolution to achieve good situation. Paper findings identify 10 disciplinary offences can be categorized in penal realm and hearing process of these offences must be done with consideration of fair trial requirements. In current provisions and practices, impartiality of hearing entity and defensive right of suspect extremely violated. In order to achieve good model, that is necessary amendment of provisions and executive practices to enhance defensive rights and create impartial hearing entity for proceeding offenses that police staffs suspect commit them.

Restorative justice as a new approach in the field of criminal law seeks to compensate damages resulted from crimes and repair interrupted relationships. The important point here, is uderstanding the theoretical bases of this concept.In the present research, the theory of neutralization of crime was studied as one of the theoretical bases of restorative justice in order to determine the relationship between these two. According to this theory, the offender despite being aware about wrongfulness of his action, tries to neutralize the shameful picture of the crime through five techniques: “denial of the victim”, “denial of responsibility”, “denial of damages”, “loyalty to the upper commitments” and“condemnation of condemners”, and make it seem reasonable to pave the way for committing crime. Restorative justice programs make it possible for delinquent person to understand the wrongfulness of his act and its justifying techniques in a participatory and community-based process and accept the responsibility of his actions.This research analyses this issue with descriptive and analytical approach and by review article method.

Undoubtedly, the advent of third generation international criminal tribunals called mixed tribunals is one of the most interesting phenomena in modern international criminal law in last decade of past century and early 21th one. Internationally, one of mechanisms existing to prosecute and punish crimes is to establish different international tribunals. In addition, international community recognized the need for judiciary and legal system partnership of states where crimes were being committed in order to punish international crimes effectively therefore, it established mentioned tribunals to this end.Internationally, permanent as well as ad hoc criminal authorities are an appropriate option to be used by international community to combat international crimes. Thus, international criminal court is the only permanent and competent judiciary authority for considering international crimes, but presence of such limitations as necessity of bringing situations of international crime commission before U: N security council prevent this goal achievement. However ad, hoc tribunals, including merely international and/ or mixed ones with national authorities, can be created in order to prosecute and address this category of crimes. But such actions demand making decision by security council under chapter VII of united Nations charter.

In the light of criminological research findings, various factors play role in the process which criminal intent turns into action. Specific social, mental, and biological characteristics of victims have been always considered significant factors in the eyes of criminals; the way criminals weigh different possibilities of committing crime and pre-criminal states are highly based on such characteristics. In this regard, some individuals like women are considered well huntable by criminals due to their inherent characteristics and are more exposed to the risk of victimization. However, regardless of this fact that women are usually known as “potential victims” and“ vulnerable victims”, we face a victim who might implicitly facilitate the commission of crime by her behaviors, in case the circumstance in which crime came into existence is examined. As women can play an important role in committing sexual crimes, they can also play role in prevention of such crimes. The authors tend to express how women can play significant role in perpetration and prevention of sexual crimes.