Legal Research
Year:2011 | Volume:- | Issue:53|Papers Count:13

New-a-day, the vast extent of stock exchange market has offered to company's insiders a great power to use their information in several ways: to trade the relevant securities on the basis of that information, to sell the information in question or, if they want to be conservative, only counsel the other investors in trade of relevant securities. The existence of these conditions is destructive for the market, in such a way that during a long period it will lead to market's collapse. Section 46 of Iranian stock exchange law mentions this problem with brief and ambiguous phrases and leaves in confusion this new field of Iranian law. This article, by dealing with different angles of usage of inside information, seeks to reveal the necessity of fighting against this problem in order to remove the possibility of abuse of inside information.

Retrial is one of the highest means of complaining about a court's judgment which is accepted and operated exceptionally and only with regard to specific aspects due to its restrictions and exclusivity. Since a rehearing is one of the last resorts, it can be carried out and takes effect only when a final judgment has been issued by a court by resorting to exceptional and exclusive cases and after admitting it to objectionable criminal and civil judgments. Meanwhile, third parties may not enter into the process this stage. Such particularities have resulted in giving a prominent position to retrial compared with other methods such that no parties involved in the case, in contrast with the routine method of asking for appeal, could not easily chance their luck in reversing the Judgment by resorting to a lawful approach and so be provided with an additional opportunity. Ignoring the provisions and limitations available for this legal approach, in 1980, legislators developed an appeal to this method at the discretion of the judiciary in an accelerated and swift action so that one can request revision of any final judgment (whether on order or Judgment) issued by the courts and so overturn it. Although making retrial more widespread and extending its scope to reverse orders legally violated may be appropriate for achieving the ends of justice, but applying it in creasingly may reduce the importance of this procedure for overturning judgments as well as its respect and may reduce it to a routine method. The main objective of this paper is to analyze the regulation for revising Article 18 of the revision in regulation for establishing public and revolutionary courts enacted on 14 January 2007, where discretion of the chief of judiciary has been established in obvious cases of discrepancy in awards with shariah as one of the causations for retrial In criminal and civil affairs. For this reason, we will discuss the conditions and barriers for discretion of the aforementioned legal authority and elements of this newly established article as well as its effects.

According to the pre-Revolution laws, to realize participation in a crime, the participation or involvement of two (or more) persons in executing acts constituting a crime was sufficient. After the Revolution, however, such crimes should depend on acts carried out by all of them. [The rule of] dependence may restrict cases of participation in that one who has played a role in aiding and abetting the crime is not a partner in crime, since the crime does not depend on him. But, does dependence increase cases of participation? In other words, may one who has played no role in aiding and abetting a crime be regarded as a partner in crime since the crime depends on him?The author is of the opinion that although, according to the existing laws, the reply is negative, for all crimes, according to the juridical (fiqhi) and legal rules, this particular condition of crimes requires hadd (punishment), qisas (retaliation), or diyah (blood-money). Thus, in preventive punishments (in certain cases such as when the crime committed is an organized one or it is committed by a gang), the legislator can regard those who have not performed executive operations of the crime as partners in crime, and in this way, he may hinder their abuses.

Part of the physical element (Actus Reus) is the subject of a crime upon which the criminal behavior is established. The subject of forgery are the objects that are used to state will in different legal situations. Documents and other forms of writhing are widespread examples of such items the state will mention in statutes related to forgery, but the state interest is not limited to those. Anything which is useable for this purpose has the same validity as a document and is considered a subject of forgery, whether or not it is declared is the law. The declarations of legislators with regard to documents, writing, seals, stamps, logos and punches are the refore exemplary. Each of these mentioned objects are not exhaustively considered as subjects of forgery, rather in the term that is useable as a real document, writing or seal is considered as a subject of forgery. In the case of documents and writing, both their form and content must be the same as a real document and writing. Creating false writings that are not useable in legal contexts both in their form and content, does not constitute forgeries.

The offender's return to past criminal behavior is deemed as an embodiment of an individual's aggression against the society in which he/she lives. Since the issue is the threat for the society, legislators have always paid special attention thereto, with the objective to find a proper measure and solution to address the matter.In general, the history of the evolution of criminal law and in particular, the history of criminal law in Iran shows that the traditional approach towards offenders with a criminal record, has been to impose an aggravated penalty and, moreover, his/her banishment from society.At present, many countries around the world, in addition to legal punishment, have foreseen surveillance and control as a means to manage the risk of committing crime by the offender with a criminal record. In 2008, Legislators in Iran have also demonstrated such management by ratifying the Article 48-Bis of the Islamic Penal Code.The present Article provides a review of the measures to be taken to confront offenders with a criminal record while highlighting the legislative approach of Iranian law.

The concept of fair trial contains a set of rules and principles that are provided to support the rights of trial parties. In the field of fair trial evidence, as a central phenomenon of the criminal suit, not only must be legal but so also must be the methods of obtaining it, and they should obey the principle of legitimacy of obtaining criminal evidence. In spite of the fact that penalizing offenders is one of the most important goals of criminal procedure, this goals must not justify use of any methods especially because, with no doubt, using unlawful methods could not be fair and, in such a situation, talking about "fair trial" is unjust.A criminal justice system that seeks fair trial and justice must pay attention to the methods used for obtaining evidence. The first point of the fair trial, therefore, is respecting the rules and principles of obtaining evidence and using them in all criminal trials.

Today, crime and other anti-social behavior and fear due to the most important of them have become a major concern of people. Although there are many effective components of crime, this paper has emphasized the fact that good design of public space can be integrated with simple principles of crime prevention to help the security situation in residential areas.

Due to physical and/or psychological reasons professionals sometimes make referrals for transgender operations given the fact that it would help to improve their quality of life. However, this kind of operation, in addition to its biopsychosocial aspects, bears legal consequences which need to be addressed.Based on validated references in Sharia Law, there is no evidence to declare that transsexualism as an offence and even principles such as the principle of permissibility, the principle of validity and the presumption of innocence permit this practice, and it is not justified based on Sharia Law to bring a case and sentence her/him. Moreover, it seems unjustified to deprive a person from his or her rights for the rest of their life. Therefore, giving permission for sex-change is a recognition of human rights which looks like a release and getting back personal freedom.Once a sex-change has occurred, legal aspects governing marriage will be dropped and, if virginity is lost, a former husband has to pay all financial benefits bound to marriage, otherwise half of that will be enough to conform to Sharia Law. However, if they are a parent, the legal elements of child custody and financial support duties as agreed remain intact. However, other lawful rights would be considered based on biological gender as recognized by the court.

Although the ECT is far beyond a mere investment protection treaty there is no doubt that investment protection was an important factor in its drafters, minds. That is why the ECT has numerous innovations in the field of foreign investment protection. One of the most important innovations in this regard, is the definition of "investor" and "investment" in the ECT which has been provided for in Article 1 of the ECT. It should be noted that while the ECT, in Article 26, permits the claimant to initiate a claim before some organizations like the ICSID, the definitions of "investor" and "investment" are far more extensive than the definitions of these notions in other similar investment protection treaties. This difference can lead to some contrasts and even contradictions between the outcomes of similar cases before different authorities.In this article in the first place the definition of "Investment" and "Investor" in the ECT will be discussed and the innovations which have led to the extension of these notions will be reviewed. Then, the effect of these definitions on the jurisdiction of the dispute settlement authorities in the ECTT, under a discussion of one of the most important cases of the ECT (Petrobart v The Kyrgyz Republic), will be considered. Finally some possible means to resolve these contradictions will be proposed and a conclusion will be drawn.

dans cet article, les droits de l'Homme seront revus et reexamines a la lurniere des pensees de Foucault. Le point de depart de cette recherche sera l'examen de la base et du cadre intellectuel de Foucault. A cette fin, ce cadre intellectuel situs dans le domaine des Droits de l'Homme sera presents en tant que neopositivisme. Ce neopositivisme est a la poursuite de la validite de la Regle a l'interieur d'un discours particulier et d'une forme de la puissance. Et une telle puissance, sans un sujet definissable auquel elle ne pourrait pas etre reliee, a ses origines dans les trames de la Societe. Tout au long de notre lecture des idees de Foucault, nous essaierons de revoir les Droits de l'Homme et de redefinir les trois concepts cles «Nature de l'lndividu», «la Liberte de la Volonte» et «la dignite humaine». Par la suite, tout en precisant la methode, l'approche et la solution basees sur le Neopositivisme, nous reexaminerons les Droits de l'Homme. Le resultat en est d'abord la methode base sur cette pensee designe un mouvement de la realite vers les principes. Deuxiernement, l'approche neopositiviste est un pluralisme, lequel s'interesse aux divergences. Et enfin, la solution presentee par cette pensee pour la revendication des Droits de l'Homme est possible si seulement on inscrit au coeur de la Societe les identites marginalisees. Or la realisation de cette condition est associee etroitement avec une l'engendrement resistance rejetant toute domination.