CRIMINAL LAW DOCTRINES
Year:2020 | Volume:17 | Issue:18|Papers Count:14

Observers’ intervention is one of the important procedure of informal social prevention, which seeks to ensure the security of society and citizens by institutionalizing the responsibility of individuals in society to help vulnerable individuals. Observers’ intervention in this new strategic concept is in the field of crime prevention, which is different from other crime prevention programs due to its unorganized nature. In Iran’ s criminal policy, the legislator has recognized this strategy through the single article on refusing to help the injured and Article 295 of the Islamic Penal Code. Regarding this strategy, theorists in the fields of social psychology have mentioned several factors for the intervention or non-intervention of observers. According to existing theories, helping and empathizing with people in danger is one of the most important ethical principles that motivates observers to encourage them to intervene. But to achieve this, people in society need to learn the skills needed to intervene in order to overcome barriers such as ambiguity and the distribution of responsibilities, and to take effective and safe interventions to protect public and individual interests.

The eyelids may be completely and separately removed. The contribution of each of the upper and lower eyelids in the payment of diyat and also the amount of diyat for the complete removal of eyelids is one of the issues in which the jurists have disagreed. If the eyelids are removed, each of the eyelids separately considers the fixation of one third of the eye diyat in the upper eyelid and half of the diyat of the same eye in the lower eyelid. Well-known Imamiyyah jurists, in case of complete removal of eyelids, have considered full diyat and have commented on the amount of diyat for eyelids in case of removal of each eyelid separately to pay one-third of the blood money (Diya) in the upper eyelid and half of the blood money in the lower eyelid. This theory is also stated in Article 590 of the Islamic Penal Code. This view is based on the claim of consensus and documented in the narration. Many jurists have taken other positions after the controversy and rejection of the arguments of the famous view and according to the literally news (traditions or narrations or akhbar) in the assumption of the issue. In the present article, while criticizing and analyzing the existing views on the issue and by weakening the arguments of other statements, we have finally accepted the opinion of non-distinction in the payment of the diyat to the upper and lower eyelids. The opinion of the author is based on general narrations (narratives) and according to the diyat rule of the body paired members.

Computer fraud, as an almost emerging crime in Iranian criminal law, is materially (externally) and mentally distinct from classical fraud (subject to Article 1 of the Law on Intensification of Punishment for Bribery, Embezzlement and Fraud) and has its own characteristics. This type of fraud, which is caused by cheating (dishonesty) or entering data or disrupting the computer and telecommunications system, is one of the absolute (conduct) crimes in terms of materiality, and when it comes to obtain money or property or privileges (concession) or financial services; it is not necessary to deceive the victim, to take property, to cause damage or benefit the committed. Importing data into computer fraud can be in the form of accurate data or fake data; What is important is the unauthorized (impermissible) behavior of the data importer. Obtaining in this type of fraud is not a result (respond) and is part of the process of the material (external) element (the last process), and therefore, in terms of the mental element, the intention of the result is not a condition for the occurrence of a crime. Computer fraud in terms of suspension, mitigation of punishment, lapse of time and conviction verdict publication does not have the limitations and obstacles of simple fraud and is subject to public regulations. If computer fraud interferes with other computer crimes, such as forgery, unlawful access, or tampering with data, multiplicity is eliminated and only the penalty of fraud is imposed.

The International Criminal Court is the first independent, powerful, and permanent tribunal which its establishment after the establishment of the United Nations is the biggest achievement for the international community. The establishment of the tribunal, which started in 2002, has had important results for international criminal law. The Court’ s performance shows that on the verge of its two decades of operation, this institution, while taking a new approach to the concept of justice and promoting the responsibility accountability of governments, has been able to increase the convergence of the international community in this field by attracting increasing support from influential international organizations and civil society. However, there is no denying that the institution still faces major challenges in fulfilling its mission. Accordingly, the present study examines the achievements and challenges facing the Court in accordance with the rules and activities of the Court. The results of the present study, which have been done descriptively-analytically, indicate that, despite all the limitations, the Court has emerged as an effective institution and has fulfilled its obligations well.

One of the important examples of the applicable of sovereignty by any country is the fight against crime and the application of punishment. In this regard, and in the position of the plan of each country, relying on its capabilities and in accordance with the internal regulations, it will deal with crime. However, effective confrontation with these types of crimes due to the increase of crimes and the transnationalization of some of them, requires close cooperation between governments. Hence, judicial assistance and mutual legal cooperation between countries that have existed for a long time in various fields. By the enactment of 1988 convention against illicit traffic in narcotic drugs and psychotropic substances, the terrorist financing convention in 1999, the Palermo convention against organized crimes, especially the 2003 convention of Merida against corruption, has been defined as an international treaty of member states. Special inquiries techniques such as supervised transport and delivery control, inside or confidential inquiry, and the creation of a joint inquiry team are the most important of these cooperation, carried out in the light of international documents and treaties by the institution of criminal justice administrators. In this article, it has been tried to examine the new methods of cooperation of the police of some countries in these fields by examining the international and regional documents and national regulations of some countries.

One of the few crimes with differential proceedings in Iran’ s criminal proceedings is the crime of chastity. The differentiation of criminal proceedings means that the rules and regulations governing criminal proceedings in a particular area are distinct from the general rules and regulations of the proceedings. Although the legislator does not explicitly discuss the differential procedure for crimes against chastity, the criminal policy of crime covering, along with other sub-policies, including the defense of the moral security of society, has led to the codification of differential proceedings for these crimes. The most important part of differential proceedings in crimes against chastity is the appropriateness and obstacles to prosecution and organizational competence. Therefore, in the present article, we intend to describe in a descriptive-critical way the differential procedure of crimes against chastity in the relevant fields and at the same time determine the approach of the Iranian legislator.

On December 7, 2019, equal to 16 Azar 1398, the International Criminal Court issued the heaviest sentence of imprisonment for 30 years for Ntaganda. In this verdict, the aggravating factors of punishment are discussed in detail. The aggravating circumstances of crime are also discussed in detail in the previous judgments of the Supreme Court. The International Criminal Court (ICC) after sentencing, holds an independent hearing only to determine the aggravating circumstances and mitigating circumstances. In this court hearing, the parties merely argue for aggravation and mitigation, and the Court responds to every single case cited by the parties. In domestic and municipal law, it is appropriate to separate the stage of conviction for the crime and the stage of sentencing. From the study and comparison of the conviction sentences of the court in this descriptive-analytical research, we have come to the conclusion that there has been no case in the court regarding the repetition of the crime so that it can be considered as an aggravating factor. Regarding the plurality of crime, even of different types, the procedure of the branches of the Court so far has been that the maximum final punishment applied for various crimes is only the severe punishment that the Court had considered for one of the crimes and in other words, the plurality of crime has not intensified the punishment in the court’ s rulings, which can reduce the deterrent effect of the court’ s role.

One of the features of a fair and powerful judiciary is the immediate and final implementation of punishments. Immediate and definitive execution of punishments is a feature of a fair and powerful proceedings system, and basically the result of all the efforts that are made in the preliminary investigation and proceedings stages is achieved during the execution of the sentence. However, sometimes during the execution of sentences, there are assumptions that cause hesitations about the urgency of the execution of punishments. Accordingly, the issue under consideration in this article is that if a person sentenced to death, whether for retaliation or hadd, commits another crime after the conviction has been finalized and before the execution of the sentence; Or, after a punishment which sentenced to death and before the execution of the sentence, it should be established that the respondent person has committed another crime before committing the crime subject to the punishment which sentenced to death, and should be discovered and proved now. In such a situation, is the execution of Hadd (borders, boundaries, limits) or Qiৢ Ɨ ৢ (retaliation) delayed or not? In this article, we examine this assumption from a legal and jurisprudential point of view by an analytical-interpretive method. The results of the research indicate that such issues are examples of conflicts of rights with each other in which more important instances exclude the important ones. It is very effective in recognizing the importance of the right, the right of God (what is due to God) or the right of the people (what is due to people) to commit a new crime. Therefore, in each case, it is necessary to make a decision according to the different conditions and characteristics and the right of God (what is due to God) or the right of the people (what is due to people) to commit crimes, and it is not possible to state a single verdict for all cases.

Fair proceeding criteria in the International Criminal Court have components that are currently under development and are in conflict with the Intermediary position. However, the defendant’ s situation in the constitution is ambiguous. The Intermediary in the judicial procedure of the ICC has the rights and benefits of a witness. The Intermediary facilitates the proof of international crimes by identifying, communicating, and introducing witnesses and victims of crime to the prosecutor of courts of the ICC. Therefore, the Intermediary’ s identity should not be disclosed in order to maintain his/her security against the governments and supporters of the accused. But the Intermediary is suspected of documenting and persuading (instigating) witnesses and victims to testify falsely against the accused. The Intermediary’ s direct confrontation with the accused during the trial is necessary to exculpate his/her of this charge. However, the prosecutor considers the non-disclosure of the Intermediary’ s identity on the basis of executive criminal policies in pursuit of international crimes, along with the claim of independent commitment to mediate. Therefore, resolving the conflict between the obligations of the prosecutor and the duty of the criminal court in ensuring the realization and development of fair criminal proceedings is facing serious challenges, which is the subject of this study. The findings of this study show that the disclosure of the Intermediary identity in the criminal procedure of the ICC has been recognized as a requirement of a fair proceedings. Undoubtedly, this approach of the ICC is a new and influential model on the legal system of countries in promoting the requirements of criminal procedure.

This article, using a descriptive-analytical method, tries to introduce the criminology of peacemaking and evaluates the aspect of its application in criminal policy. Peacemaking criminologists consider the cause of crime to be the suffering that contemporary man experiences which the only way to end this suffering is to settle peace in the human mind. This approach emphasizes that violence does not lead to peace and considering the rejection of efficiency, conflicts with necessity of adopting peaceful means. As a result, by introducing justice as pacifist, it proposes a set of transformations in the context of pacifist criminology that is not limited to accountability and responsibility for the criminal phenomenon and considers effective counter-crime to be dependent on the establishment of a peaceful criminal policy and the elimination of violence from all aspects of criminal policy. The results of this study show that although the teachings of peacemaking criminology in the field of criminal policy and even the criminal justice system have been explained few and ideal, but this approach, in the light of its connection with the scope of peace discourse and in the context of futurism, In the context of criminal policy, it is peaceful. But this approach, in order to relate to the breadth of peace dialogue and in the context of future researching, has the potential to develop in the context of peacemaking criminal policy.

Criminalization is the process by which a new criminal title is added to a list of crimes. At the beginning, this process ends with the emergence of a new criminal title. But some argue that it is possible to speak of the correct and acceptable result of criminalization when it gains the necessary credibility based on the three components of legality, legitimacy and efficiency. Otherwise, criminalization cannot be considered a completed process in itself, and it would be unjustifiable to leave the resulting criminal title on the list of criminal titles. Assessing the validity of “ criminalization of drug trafficking” from the perspective of the three components, draws a situation that clearly shows the need to take some corrective measures due to the importance and extent of its legal, social and even political consequences.

It is not predicted or provided difficult conditions for repentance in the Islamic Rules, but by declaring compunction and penitence, doing righteous deed, rendering the rights of the people, and fulfilling necessities, the principle is the correctness of repentance and Almighty God accepts it. Influenced by such rulings, the institution of repentance is provided for in the Islamic Criminal Code of 1392, which was expected to be not very difficult to prove repentance and obtaining in practice, but the case study of court rulings shows otherwise. Based on this, this research uses a descriptive-analytical method and examines the Shari'a rulings on how the perpetrator proves repentance and how it was obtained by the judicial authority by studying the cases of court rulings on a case-by-case basis. In the end, it was concluded that the articles of the Islamic Criminal Code of 1392 regarding repentance have defects and shortcomings, such as ambiguity in the manner of declaration by the perpetrator and the absolute authority of judicial authorities in rejecting or accepting repentance and the jurisprudential authentic sources have not been considered in this regard. Also, the review and analysis of court rulings showed that in practice there is no proper understanding of the Shari'a rules of repentance on how to achieve it, and there are conflicting tastes which practically lead to contradictory and unfair judgments. Keywords: Repentance Achievement, Judicial Authorities, Jurisprudential Authentic Sources, Verdict of the Court.

The awareness and purposeful process of combining the various theories, concepts, and different institutions involved in the criminal justice system is known as integrating criminology. This approach is going to provide more realistic and credible analytical by presenting multidimensional approaches, so that the resulting boredom of differences of ideas becomes the ideal of convergence. Although this approach was able to become a common criminological paradigm in a short period of time but it was strongly opposed by significant critics for its widespread use. The present article tries to suggest appropriate solutions by presenting the challenges noted in the range of theoretical in terms of content (refusal Integrative micro and macro, factor and structure, and the mutual assumptions of theories) and application (operational challenge, validation and effectiveness). The findings of the paper suggest that the challenge of conflict in many cases stems from a lack of attention to the attachment of the relationship between the elements of factor and structure, micro and macro, and the various dimensions of human nature resulting from the dominance of the modern dualistic approach. The operational challenge can also be solved by accurately recognizing the relationship between propositions or solved concepts, and designing an executive model that fits the theory, just as the challenge of testability can be overcome through structural equations and comparisons and finally, by developing an integrated approach to various crimes, using assessment methods, paying attention to the temporal and spatial conditions of constructing the theory, and applying it accurately and impartially, we can overcome the challenge of the effectiveness of integrative criminology.

Iran’ s legislative system does not deal with criminalization of bombings explicitly and comprehensively. Only a few laws explicitly mention “ placing explosives” in some industries. Iran’ s legal system does not deal with criminalization of bombings explicitly and comprehensively. Only a few laws explicitly mention “ placing explosives” in some industries. However, committing this criminal phenomenon in relation to other industries, devices and facilities used by the public and the environment is not subject to coherent laws. The purpose of this descriptive-analytical study is to analyze the approach of the current Iranian laws to bombing and to explain the relationship between the concept and examples of waging war against God, war against God and the state, enmity against God (Muharebeh) and corruption on earth or spreading corruption on Earth (Ifsad fi 'l-ard) and transgression and rebel or armed uprising against the government and the basis of the Islam with bombing (Baghi). Due to the lack of legislation in this regard, there are reasons such as the criminal capability of the bomb as a criminal device, the necessity of prosecute bombing attempt, coherence in the rules of destruction and criminal arson and full protection of all industries, energy resources and the environment, clarify the need for independent criminalization in this regard. The new penal policy can design a reasonable and appropriate punishment system by separating the types of bombings based on the type of bomb, the subject of the crime and the characteristics of the perpetrator, and the time and place conditions.