International Police Studies Quarterly
Year:2020 | Volume:11 | Issue:42|Papers Count:9

Advances in new technologies The use of electronic communications control in the detection of national crimes, a transgression that violates the internal and external security of countries, including Human trafficking, drugs, terrorism, money laundering, assassination and extortion, piracy, and serial killings have become inevitable. Electronic communication is done in a variety of ways; Including communications via computer networks, smartphones, virtual networks. In line with various legal systems and international instruments, One of the most important methods and tricks of studying crime evidence, especially organized crime, is violent and effective in society, such as murder, kidnapping, rape and the purpose of controlling electronic communications. This control is considered a kind of invasion of private privacy by individuals and is usually considered a crime. In order for the actions of law enforcement agencies to be exempt from crime, the legal systems of different countries have adopted special conditions that, while fully respecting the privacy of individuals, allow the control of any electronic communications and allow the use of electronic communications content. The most important special conditions for controlling electronic communications in European countries are the requirements such as national security; National Defense; Public safety; Preventing, searching, detecting and prosecuting criminal acts with an emphasis on organized crime and terrorism and disrupting public order and security; But court oversight is essential. In short, Iran and the United States have had a similar approach to electronic communications control until the passage of the US Patriotic Law Act, which came into force after 9/11 under the pretext of providing security and counterterrorism.

Background and Objective: In the criminal policy of France and the United Kingdom, in addition to the police, the arrest of perpetrators of crimes by citizens has a historical basis. In Iran, for the first time, in Note 1 of Article 45 of the Code of Criminal Procedure, adopted in 2013, despite three conditions (committing specific crimes, the obviousness of the crime and the absence of judicial officers), the right to take necessary measures to prevent the perpetrator and escape The crime scene has been handed over to the citizens. Therefore, in this study, considering the necessity of dealing with obvious crimes, using the benefits of comparative studies, the criminal law policy of Iran, France and the United Kingdom in the field of police and citizen intervention in visible crimes has been studied. Research Method: The present research is applied in terms of purpose and descriptive-analytical in terms of method. The method of data collection is a combination of documentary and survey studies (library). Results: The nature of the crime is evident in the common criminal law in France, the United Kingdom and Iran in order to maintain public order and community expediency. And there is the perspective of the police or the people, mentioning its examples, the simultaneous realization and proof of such crimes and the lack of need to prove it. " Also, the two general criteria for committing specific crimes and the principle of necessity are the most important conditions for arresting a citizen.

The present study examines the legal context required for Iran's accession to the FETF. The issue of Iran's joining or not joining the FATF is one of the important issues that has been the subject of serious disagreement between proponents and opponents in recent years. The main question that has been raised and examined in this regard is what are the advantages and disadvantages of Iran's accession to the FETF and the basis of the necessary legal grounds for Iran's accession to the FETF is provided and Necessary laws have been formulated in the Iranian legal system regarding the fight against money laundering and the fight against the financing of terrorism, and how can the approved laws be evaluated? The findings of the present study indicate that Iran's membership in FETF provides the necessary grounds for foreign investors to be confident in the transparency of the banking system and can provide the necessary encouragement, confidence and trust for foreign investors in this regard. To be a member of the Financial Action Task Force, you must first pass anti-terrorism and anti-money laundering laws in the country that wants to join the Financial Action Task Force, or if these laws exist in those countries, they must meet the standards of the Financial Action Task Force. . The adoption or standardization of these laws is intended to provide the appropriate infrastructure to implement the recommendations of the Financial Action Task Force in the Member State.

Undoubtedly, the most primitive duty of a transportation operator is providing the necessary means for the transportation of the goods; and in marine transportation of the cargos, the existence of a ship having the ability to navigate seems necessary for the fulfillment of the final obligation of the transportation operator before the goods forwarder which is the very sound delivery of the goods on the due date to a destination. It means that the solidity, stability and soundness of the ship should persist to the extent that the goods marine transportation can be made feasible considering the difficulties and the contingent dangers that might arise in the sea. Of course, the ability to navigate is not an absolute and taut condition rather it is more of a relative nature and it differs based on the type of the goods, the sail duration, the trip course and time. Due to the same reason, an accurate definition, in the conventions connected to the marine transportation of the goods like Bruxelle, Hamburg and Rotterdam has not been offered; this issue has caused the transportation operators to ignore many of the necessary conditions for the accomplishment of a sea journey so as to be able to gain more profit and this can incur the goods forwarders with heavy losses and damages.

Countering money laundering and financing of terrorism has long history as much as financial transactions among people and money making through criminal activities. But the first legislations of countries on money laundering occurred in 1980s. The common understanding among countries for necessity of enacting regulations on money laundering and financing of terrorism was strengthened after the terrorist incidents of September the 11th, 2001. Concerns of international society to the problem led to creation of the Vienna Convention and Palermo Convention and the most importantly Financial Action Task Force (FATF). The main goal of FATF is to increase cooperation among nations with reference to concept of "Know Your Customer" (KYC) and the "Transparency-Stability Theory". The main goal of article, after a brief study of money laundering history, the Vienna convention, Palermo convention and the link between money laundering and financing of terrorism, is to study purposes and activities of FATF with reference to main recommendations FATF provides to the member states. In this process, background and challenges of cooperation between Iran and FATF are also studied. The main references of the study is published documents of FATF.

The principle of equality of persons before the law requires that everyone be subject to the same law, but the general description of the law, in some cases, encounters exceptions, one of which is in the manner of application of the rules of criminal procedure. The speech and practice of our religious leaders is the denial of any discrimination in the proceedings of officials and officials, but today discrimination is accepted in favor of some officials and officials on the basis of their position and position. In the Iranian legal system, members of parliament and judges are among those who enjoy the benefits of this discrimination and are not easily prosecuted. The most influential position on criminal proceedings is the change of local jurisdiction of the trial court. According to Articles 307 and 308 of the Code of Criminal Procedure, the local jurisdiction of the trial court has been changed from the court of the crime to the Tehran criminal court or the provincial capital. Is. In the case of military officials and the clergy, in addition to creating a special court for them, the trial process for them in general has become very different from the rules of public procedure. The rate of deviation and violation of the general rules of criminal procedure due to the position and position of the perpetrator in the Iranian criminal justice system has become somewhat high and varied.

Background and Aim: According to the views on the violation of women's rights in different societies and following the occurrence of democratic revolutions in Europe and the spread of concepts such as equality, women's rights movements also use such a concept. (Equality) They decided to realize women's rights. This article tries to identify the most important branches of feminism and how they use the concepts of equality in two types of descriptive and grammatical (arithmetic and geometric). Methodology: In this article, a descriptive-analytical method has been used to examine the topics. Findings: The women's liberation movement, known as feminism, has developed into a variety of disciplines, including liberal, radical, postmodern, cultural, socialism, homosexual, existential, and racial. Critical, psychoanalytic and black and... Conclusion: The emergence of different professions of feminism has been the reason for the inefficiency of this movement and the methods used in defending women's rights, although the positive consequences of feminism in defending women's rights can not be ignored.

One of the major issues concerning the theocratic and non-theocratic religious communities is designated as blasphemy that targets religious sanctities, which has evolved into a challenging discussion in international and predominantly Islamic societies due to the rising trend observed in recent decades. Contrarily, there is not adequate discussion in jurisprudential and legal research circles that appropriately addresses the issue. Accordingly, it is deemed necessary to define and demonstrate the components of this crime, as well as the criteria dictating the execution of punishments for blasphemy in terms of jurisprudence per available sources of Islamic religion, all given that the Iranian and Saudi Arabian laws are fundamentally derived from Islamic jurisprudence. With these considerations in mind, a comparative study of blasphemy per core international human rights instruments is also deemed necessary. In Iranian criminal law, profanity targeting the Prophet (PBUH) and other divine prophets (PBUH) is considered as blasphemy or sacrilege towards the prophet(s), denoted as Sab-oul-Nabi. Similarly, if this blasphemous behavior targets the infallible Imams and Fatima (PBUH), it is once more regarded as Sab-oul-Nabbi (PBUH), both punished by the death penalty. Nevertheless, mere profanity towards the infallible prophets and Islamic personages that does not bear any blasphemy is punishable by the discretionary custodial sentence, denoted as ta'zir. In Saudi criminal law, the death penalty is executed only for those who commit blasphemous acts and blasphemy that target the Prophet Muhammad (PBUH) and other divine prophets (PBUH).

Respect for the legitimate expectation of citizens is one of the most important and recent measures established through the judicial procedure to regulate the way of exercise of voluntary qualifications. If the decisions and announcements of public agents are changed at short intervals and without justifiable and rational reasons, citizens will be constantly afraid that the decision or announcement that they have made as a criterion for their planning and goal-making will be changed or being changed soon. Thus, the position of administrative decisions and announcements as a support in various legal, social and economic planning of citizens will be shaken. In this study, we try to examine the principle of legitimate expectation in Iranian and American law. The term legitimate expectation is different from reasonable expectation. The expectation is reasonable if, assuming that it does not materialize in the relevant situation, any reasonable and normal person who, with persistence and perseverance, expects it to appear in the desired circumstances and conditions, anticipates its occurrence and pay attention to it.