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Author(s): 

FATAHI MOKHTAR

Issue Info: 
  • Year: 

    2017
  • Volume: 

    1
  • Issue: 

    1
  • Pages: 

    175-188
Measures: 
  • Citations: 

    0
  • Views: 

    2638
  • Downloads: 

    0
Abstract: 

In terms of crime and punishment literally two words on the two sides of the same coin and are dumped into two rails of a train in parallel in the history of mankind together with And. Crime and punishment of the crime, meaning cut-up or as Raghib Isfahani the meaning of crime, cut the fruit from the tree, and for any business ugly and abominable, used, as a result of the sense of sin and crime has been interpreted.In other words, the reward of good and evil, reward and punishment, which is seen this way, the literal meaning of the word meaning and word gets involved Not far their rights and the principle of crime and punishment has always been an action for a response repel the aggressor. comes the opinions of scholars and jurisprudence and reflect the principles and rules regularly Different aspects of the topic to be discussed.

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Journal: 

Legal Research

Issue Info: 
  • Year: 

    2022
  • Volume: 

    25
  • Issue: 

    97
  • Pages: 

    317-342
Measures: 
  • Citations: 

    0
  • Views: 

    126
  • Downloads: 

    0
Abstract: 

The "Joint Criminal Enterprise"(JCE) doctrine is a special form of liability that innovates in the International Criminal Court for the Former Yugoslavia (ICTY). According to this form of liability, all the members of a Criminal group that try to reach a Criminal enterprise, have the same liability as to the accomplice. However, the JCE has faced different legal dilemmas since its introduction in the ICTY Judgments both in respect of actus reus and mens rea of the persons who are found liable based on JCE. How a court can convict a person who doesn’, t commit the actus reus of a crime like a perpetrator and more important how it can convict a person who has no actus reus and mens rea related to committed crime, at all. This paper will scrutinize these issues and if this kind of liability recognizes in Iranian Criminal law. Finally, this paper concludes that this form of liability has no conflict with Criminal law principles and Iranian Criminal law recognizes JCE in some crimes such as Baghy.

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Author(s): 

Dolatkhah Pashaki Peyman

Journal: 

Legal Civilization

Issue Info: 
  • Year: 

    2023
  • Volume: 

    5
  • Issue: 

    13
  • Pages: 

    535-542
Measures: 
  • Citations: 

    0
  • Views: 

    1030
  • Downloads: 

    0
Abstract: 

Criminal policy may be assessed in a framework that is defined by the logical basic elements of crime. These are the motivated and able offender, the victim or target, and control. It is only in certain combinations of these three elements that a crime can take place, and Criminal policy addresses one or several of these elements. The objectives of Criminal policy are defined being fourfold: to minimize the social costs of crime,to minimize the costs of crime control,to distribute these costs,and to do this in a fair manner. It is such considerations that are to be accounted for if knowledge-based Criminal policy is to be defined and implemented. In reallife terms, this is rarely being done comprehensively. Criminal policy is, in contrast, often simplistically understood as „, fighting crime“, , i. e. in terms of warfare. Today, Criminal policy requires careful consideration in particular because both crimes and their environment are undergoing rapid change. This puts decision-making in a particularly demanding situation and accentuates the need for valid knowledge of the situation. Therefore, there is great need of updated research on old and new forms of crime, and such research should address all central elements of crime. The near future of Criminal policy is much influenced by financial crisis. This creates high demands for a more consciously knowledge-based and better quality crime control. The near future may see both positive and negative developments, the negative ones being more likely if Criminal policy is not made in a responsible and comprehensive manner. The alternative of a positive Criminal policy is suggested as a utopian but achievable goal.

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Author(s): 

MIVEHYAN MILAD

Issue Info: 
  • Year: 

    2018
  • Volume: 

    2
  • Issue: 

    6
  • Pages: 

    69-77
Measures: 
  • Citations: 

    0
  • Views: 

    3191
  • Downloads: 

    0
Abstract: 

Mediation or, in other words, mediation and mediation is one way of resolving a dispute in which a third party, mediator, helps the parties to a dispute in reaching an agreement. Mediation may not result in mutual agreement between the parties and, if successful in reaching an agreement, its provisions are usually determined by the parties themselves. Parties to the dispute may be countries, organizations, groups, individuals or anyone else who will benefit from mediation. They should consider the mediator as a neutral person. Mediation applies to a variety of issues, including business, legal, diplomatic, work, and family issues. In mediation, unlike arbitration and expert assessment, third party consideration is unnecessary for the parties. It is also an intermediary to make it possible for the parties to negotiate and to find out the exact cases of disagreement and to reach the best possible solution. More mediation is useful in complex disputes that require unofficial dialogue between the parties. The speed and cost of mediation is less than the benefits of this method of resolving disputes over the process of arbitration and litigation in the judiciary. Now the issue of mediation status is discussed in the separate section. In the first section, "Criminal mediation and long-standing dispute resolution mechanism," and the second part, "Mediation in Criminal cases," and in the third part, "The role of mediation in the litigation chapter and responding to violations of norms in texts." Islamic jurisprudence, and in the fourth section, the "Mediation troubles".

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    13
  • Issue: 

    36
  • Pages: 

    353-374
Measures: 
  • Citations: 

    0
  • Views: 

    26
  • Downloads: 

    0
Abstract: 

The Rohingya people are the native inhabitants of Arakan (Rakhine) land in Myanmar, who have faced a series of crimes by the Myanmar army and government. Based on the norms and regulations of international and customary international law and the principles of international Criminal law and considering the incidents that occurred against the religious minority group of Rohingya Muslims, the continuous violation of human rights and the occurrence of the crime of genocide by the Myanmar government are a matter of fact. There are numerous examples of deliberate actions, which prove the governmental steps to eliminate the Rohingya group, and deliberate measures, which cause the international responsibility of the Myanmar government. Iran has raised three specific positions regarding the Rohingya Muslim crisis.The major question of the research is to evaluate the occurrence or non-occurrence of violations of international Criminal law, the crimes of genocide, and crimes against humanity by the Myanmar army and government against the Muslim minority in Rakhine state.The hypothesis emphasizes the definite occurrence of violations of humanitarian law and international Criminal law, especially committing crimes of genocide and crimes against humanity. The purpose of the research is to examine one of the important cases of violation of Muslim rights in today's world, which has not been noticed by international legal societies. It tries to discuss briefly the Iranian positions on the Issue. The analytical-descriptive research method is based on official docs and undeniable facts, especially the documents issued by the International Criminal Court.

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Author(s): 

BIABANI Q.H.

Journal: 

Karagah

Issue Info: 
  • Year: 

    2008
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    148-175
Measures: 
  • Citations: 

    0
  • Views: 

    2078
  • Downloads: 

    0
Abstract: 

Criminal Intelligence is a combination of data regarding all types of crimes, detected Criminals and Criminal syndicates and prime suspects which is gathered, combined, analyzed and reported. Criminal Intelligence is more useful and applicable when dealing with organized crimes and it can be obtained using surveillance, informants, interrogation and developed research within the city by police forces. The main goal of this work is an introduction to Criminal intelligence and suggestions for its development in the future. In this article, the concepts, processes, Criminal products, resources, Criminal examinations and the ways of linking the above issues to information technology have been discussed.

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Author(s): 

NIYAZPOOR AMIR HASAN

Issue Info: 
  • Year: 

    2011
  • Volume: 

    -
  • Issue: 

    1
  • Pages: 

    49-66
Measures: 
  • Citations: 

    1
  • Views: 

    1490
  • Downloads: 

    0
Abstract: 

Criminal law is considered as the most violent branch of law that responds, traditionally and unidirectionally, to the phenomenon of Criminality. In this respect, Criminal law with a suppressing nature obligates the punishment on the felon; without considering his will and view in the process of making the decision.Nevertheless in the present days, the Criminal law because of being affected by Criminal policy instructions, criminology and human rights, has been altered and developed and has taken modern strategies for answering the felonious phenomena. The most unambiguous example of this improvement and progression is «the strategy of conventional Criminal law» according to which the felon can interfere in the process of responding to the Criminality. In the current research, firstly we recognize the nature of the Criminal law and secondly discuss the backgrounds of appearance and the nature of the Criminal law that has been transformed into contracted one.

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Issue Info: 
  • Year: 

    2021
  • Volume: 

    3
  • Issue: 

    9
  • Pages: 

    109-149
Measures: 
  • Citations: 

    0
  • Views: 

    793
  • Downloads: 

    0
Abstract: 

For the first time and in an admirable move in the history of Criminal law legislation, the Iranian legislator enacted Criminal evidence in a coherent manner in the Islamic Penal Code of 2013. Prior to the ratification of this law, Criminal evidence was expressed in a scattered manner and in the form of separate articles. However, with the ratification of this law, a great transformation took place in the formulation of Criminal evidence. Articles 160 to 216 of this law were devoted to Criminal evidence, and of these, Articles 201 to 210 were devoted to oaths. This article examines Criminal law, the available written sources, internet sites, files of these sources and compares oath with other Criminal evidence in Iranian Criminal law. The findings of this study indicate that comparing the oath with the confession, nine common and three different aspects were identified. Comparing oath with claimant swearing, thirteen common aspects have been identified, and comparing oath with testimony in Criminal cases, seven common and six different aspects have been identified, while comparing oath with judge's knowledge, five common and five different aspects have been identified.

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Journal: 

Ethical Research

Issue Info: 
  • Year: 

    2022
  • Volume: 

    13
  • Issue: 

    2
  • Pages: 

    299-319
Measures: 
  • Citations: 

    0
  • Views: 

    30
  • Downloads: 

    0
Keywords: 
Abstract: 

The public conscience of the society wants everyone to be equal before the Criminal laws, but at the same time, there is a difference between two Criminals, one who commits a crime with immoral motives and the other with moral and honorable motives; As in ethics, the value of the verb depends on the intention of the subject. Intention, like motive, gives power to the subject and manages the direction of his behavior to reach the goal. In this way, the motive to commit a crime can be considered as an interaction between ethics and Criminal law. The legislator's approach to motive has not been without controversy and challenge; Opponents and supporters have always criticized this approach under the banner of "protecting ethics. The possibility of committing a crime with moral motives on the one hand and criticizing the views of the opponents and supporters of Criminal law's attention to motive is the subject of this article. The result of the research is the conditional preference of the opinion of the supporters; Criminal law must be "verb-oriented" in the execution of the crime and, except in the case of necessity, the moral or immoral motive of the perpetrator should not be given a role, but in the determination of punishments - which is entrusted to the ruler of the Islamic society - to choose the most appropriate punishment within the scope of his powers, considering the various dimensions of the Criminal's personality and including his motive.

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Author(s): 

Rostami Hadi

Journal: 

MAJLIS & RAHBORD

Issue Info: 
  • Year: 

    2022
  • Volume: 

    28
  • Issue: 

    108
  • Pages: 

    297-321
Measures: 
  • Citations: 

    0
  • Views: 

    35
  • Downloads: 

    0
Abstract: 

As one of the main branches of Criminal policy, judicial Criminal policy plays an effective role in crime control. This role is played via the responses various institutions of the Criminal Justice System give to crime, the issuance of verdicts, writs, judicial procedures, preventive measures and the application of macro and strategic decisions. Since the second half of the 00s, the Iranian judiciary has been issuing various circulars and directives, some of which are also authorization seeking, and in doing so it has distanced itself from legislative Criminal policy and pursued other goals. The stagnation of the Criminal process, the encountering of masses of files and cases, and the ineffectiveness of settling claims within a reasonable time, is the main reason behind the tendency towards circular policy, which seeks deviation from the law, diversion, mediation, conciseness, and other alternative remedies.In contrast, using directives such as Article 477 of the Code of Criminal Procedure, judicial-Criminal policy has given all persons the right to object to definitive votes. This has created a crisis by helping to open closed lawsuits under the pretext of "clarifying sharia" and increasing the burden on the Criminal Justice System, and thus prescribing a dual approach to overcoming challenges. Without a doubt, policy which allows you to pass from law to directive, restricts the rights of individuals, and not only fails to help solve problems but also exposes the crisis within the Criminal policy process.

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