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Journal: 

LEGAL CIVILIZATION

Issue Info: 
  • Year: 

    2022
  • Volume: 

  • Issue: 

  • Pages: 

    275-293
Measures: 
  • Citations: 

    0
  • Views: 

    341
  • Downloads: 

    0
Abstract: 

Extradition of criminals literally means the extradition or return of an accused or delinquent person from the country where the crime took place to the requesting country. This argument is first mentioned in Islam and in the Holy Quran (verse 32 of Surah Maedah). From the second half of the nineteenth century, the issue of extradition of criminals in the form of reciprocal action became widespread, and to this day, despite this condition of reciprocity, this issue has remained common and legal. In the criminal law of countries, although there is a difference in the condition of being competent in some of their spatial jurisdictions, in the case of extradition, reciprocity of action is a common and reasonable condition. Proper handling of the extradition issue From the beginning of sending the extradition request by the requesting government to the end of the case and accepting the extradition and returning the person subject to extradition has conditions and methods that the correct action can achieve better and more desirable results and results. Some of these conditions are related to the nature of the extradition issue and some are related to the manner in which it is done, which in this study, far from being a review, only occasionally mentions their challenges. This article or section needs sources or references that appear in credible, third-party publications.

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Author(s): 

Farrokhzad Ardeshir

Issue Info: 
  • Year: 

    2020
  • Volume: 

    19
  • Issue: 

    43
  • Pages: 

    349-372
Measures: 
  • Citations: 

    0
  • Views: 

    44
  • Downloads: 

    0
Abstract: 

Evading punishment is a natural issue. Turkey, due to its conditions as a neighboring country and the existence of land ways as well as its cultural, religious and language similarities and also because of its special feature in connecting to Europe enjoys a unique position,moreover, the rule of visa waiver which is exercised mutually with this country causes the majority of criminals to prefer escaping thereto. Iran signed offenders extradition treaty with Turkey in 1936 followed by another contract in 2010. Nearly all felonies are not extradited by the Turkey party. This problem has numerous international and domestic reasons at its premise. Some of these constraints pertain to our lack of knowledge regarding the internal laws practices within this country in such a manner that a great many of these limitations can be overcome through gaining a deeper insight of Turkey’, s domestic law. Turkey’, s criminal procedure, respecting the culprit’, s right to defend, has not provisioned trial in absentia. Therefore, based on a sentence absentia, the extradition plea for returning the criminals will be refuted. Furthermore, the term “, pursue”,is mentioned in the offenders extradition treaty signed between Iran and Turkey, but pursue and its actualization instant differ according to the legal systems adopted in both these countries and such a discrepancy is the cause giving rise to non-extradition. To overcome such barriers, the simplest solution is making the offenders extradition writ’, s time of issuance clarified.

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Author(s): 

Alipanah Reza

Journal: 

LEGAL CIVILIZATION

Issue Info: 
  • Year: 

    2022
  • Volume: 

  • Issue: 

  • Pages: 

    453-474
Measures: 
  • Citations: 

    0
  • Views: 

    328
  • Downloads: 

    0
Abstract: 

The issue of extradition of criminals has its own rules and regulations, and the legal principles governing this issue are the structure of this structure. These principles have become so frequent in the present age and have found a status, status and obligation that firstly in the general domestic law of extradition of states and in the extradition treaties between them is mentioned and emphasized and secondly even if it is specified in domestic law or their treaties If not, these principles govern the actions taken on the issue of extradition. Principles such as the principle of non-surrender or the principle of non-extradition in political crimes are the framework and scope that states that sometimes use the issue of extradition for their purely political purposes, as well as principles such as the principle of reciprocity of criminal acts or the principle Allocation has become necessary in order to protect the legitimate rights and freedoms of individuals and originated from the principles of human rights vis-.-Vis governments. This study reviews these principles and provides accurate criteria and lines to assess the compliance or angle of government actions in the issue of extradition of criminals with the rules and norms of international law. Observance of the principles and obstacles explained in this study by governments can give legitimacy and legality to their actions in the issue of extradition.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    19
  • Issue: 

    7
  • Pages: 

    22-29
Measures: 
  • Citations: 

    0
  • Views: 

    14
  • Downloads: 

    0
Abstract: 

Background: One of the new principles of responsibility that is accepted in the international legal system and is cited along with other rules in order to establish justice and prevent unjust enrichment is the theory of restitutionary or interest-based responsibility. From the damage caused to the victim or from the compensation considered by the law and court procedure, he gets benefits that he is not entitled to. In this case, the wrongful person cannot be required to return by reference to the rules of civil liability and coercive guarantee. This rule can be justified from an ethical point of view, because the basis of ethics is justice, and justice is the creation of a balance between all values and goals. Therefore, in the current study, the research goal is to analyze restitutionary responsibility and its place in terms of responsibility and ethics. Conclusion: Although in Iranian law influenced by Islamic jurisprudence, restitution liability can be identified, but it has been neglected in court practice and doctrine, and the means of coercive guarantee in jurisprudence and law alone are not able to create new and changing examples of unjust and unjust cases. fully cover them, therefore, "Guarantee of benefits", "Not profiting from mistakes" and "The rule of sanctity of the mind of property and falsehood" as legal rules and as moral foundations, can be the basis for designing a new source of responsibility in Iran's laws are under the title of "extradition responsibility" and explain its conditions and effects.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    19
  • Issue: 

    7
  • Pages: 

    16-21
Measures: 
  • Citations: 

    0
  • Views: 

    19
  • Downloads: 

    0
Abstract: 

Background: One of the new principles of responsibility that is accepted in the international legal system and is cited along with other rules in order to establish justice and prevent unjust enrichment is the theory of restitutionary or interest-based responsibility. From the damage caused to the victim or from the compensation considered by the law and court procedure, he gets benefits that he is not entitled to. In this case, the wrongful person cannot be required to return by reference to the rules of civil liability and coercive guarantee. This rule can be justified from an ethical point of view, because the basis of ethics is justice, and justice is the creation of a balance between all values and goals. Therefore, in the current study, the research goal is to analyze restitutionary responsibility and its place in terms of responsibility and ethics. Conclusion: Although in Iranian law influenced by Islamic jurisprudence, restitution liability can be identified, but it has been neglected in court practice and doctrine, and the means of coercive guarantee in jurisprudence and law alone are not able to create new and changing examples of unjust and unjust cases. fully cover them, therefore, "Guarantee of benefits", "Not profiting from mistakes" and "The rule of sanctity of the mind of property and falsehood" as legal rules and as moral foundations, can be the basis for designing a new source of responsibility in Iran's laws are under the title of "extradition responsibility" and explain its conditions and effects.

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Author(s): 

MAKHDOOM H.

Journal: 

KARAGAH

Issue Info: 
  • Year: 

    2008
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    83-119
Measures: 
  • Citations: 

    0
  • Views: 

    1781
  • Downloads: 

    0
Abstract: 

Today, simplified travel across the world caused criminals to flee to other count tries after committing a crime in order to escape from punishment. Since the sovereignty of the governments are limited to their own territory, positive mutual collaboration among countries, particularly neighboring countries, could affect the compliance with countries’ requests in the global system and the establishment of a Equitable Penalty System. As a result of this cooperation, criminals couldn’t sense safe and security in the world.This article under title “Interpol Performance Review on Extradition & Its Improvement Solutions” is a descriptive study and efforts to survey Interpol performance on extradition and its effective factors. The central issues of this paper are to determine problems and barriers to criminals’ extradition, provide solutions, and develop extradition.According to the research bases on Interpol performance about criminals’ extradition some indexes and characteristics were determined, and research hypotheses (5 hypotheses) have been put forward concerning the effective factors. To gather data, a questionnaire was set, including: 1111 closed questions and one open question, also, a data collecting form which derived from some extradition cases in IP Tehran was applied. A statistical universe sample (consists of 60 experts) completed the forms. Data analysis which accomplished through statistical software SPSS & MINITAB showed that there is a connection between determined indexes and criminals’ extradition from other countries. To carry out a survey into hypotheses One Sample T-Test, Sign Test, and Friedman ANOVA were applied. Statistical analysis and tests confirmed all of five hypotheses and showed a meaningful relationship between mentioned factors and the success of criminals’ extradition.

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Journal: 

LEGAL CIVILIZATION

Issue Info: 
  • Year: 

    2020
  • Volume: 

    3
  • Issue: 

    6
  • Pages: 

    150-161
Measures: 
  • Citations: 

    0
  • Views: 

    138
  • Downloads: 

    0
Abstract: 

The international community has increased cooperation and judicial assistance at the international level to effectively combat with various forms of transnational and international crimes. One of the most important types of this cooperation is the extradition of criminals based on bilateral or multilateral agreements or based on regional and international conventions. The review of extradition laws in the three countries of Iran, Afghanistan and Pakistan is due to the uniformity of political rule in these three countries, the Islamic Republic, even though the title of (Islamic Republic) has a different meaning in each of them. All extradition laws follow a series of similar and similar principles and forms, but nevertheless, the extradition law of Afghanistan, in addition to being up-to-date and observing the previous principles, considers the principles such as the principle of observance of Human rights standards and the prohibition of extradition of a woman or child of Afghan citizenship or the prohibition of extradition of a foreign child without citizenship to foreign countries also provide for the immunity of witnesses and experts in the extradition law. This article seeks to study the conditions governing extradition in three Islamic and neighboring countries in order to achieve a precise and common understanding of the compliance of their laws and agreements between them with the basic principles of extradition. Reviewing and reminding the extradition law of iran and the obsolescence of cases such as misdemeanor and criminal penalties is suggested.

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2019
  • Volume: 

    8
  • Issue: 

    28
  • Pages: 

    79-107
Measures: 
  • Citations: 

    0
  • Views: 

    358
  • Downloads: 

    0
Abstract: 

It is possible to consider regional criminal law as the third domain of international criminal law beside two other domains including crimes with an exterior element and international crimes. European Union criminal law is the best example of a regional criminal law under which some organizations and regulations are provided in the Union level. Doing so, pursuant to the creation of a criminal jurisdiction in a regional level, different institutional and normative mechanisms are realized in order to prevent and suppress the crimes. This article is to explain European arrest warrant, as one of those aforementioned mechanisms, that based on mutual confidence and judicialization of the extradition procedure make simpler the surrender of accused or convicted persons than one related to extradition. To do so, concerned acts are analyzed in order to explain juridical nature and procedure of this warrant and also to make clear its differences with extradition. Consequently, execution of European arrest warrant instead of extradition, regarding to expansion of transnational criminality and simpler circulation of individuals amongst countries, can better realize criminal justice.

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Issue Info: 
  • Year: 

    2024
  • Volume: 

    2
  • Issue: 

    4
  • Pages: 

    1-11
Measures: 
  • Citations: 

    0
  • Views: 

    18
  • Downloads: 

    0
Abstract: 

Cybercrimes, due to their transnational nature, technical complexity, and rapid occurrence, have become one of the major challenges for criminal justice systems at the international level. The prosecution and extradition of cybercriminals, especially in a context where domestic and international laws often have serious contradictions, face numerous legal, technological, and political issues. This paper examines the concept and characteristics of cybercrimes, analyzes the challenges involved in the prosecution and extradition of such crimes from legal, technological, and international cooperation perspectives, and evaluates the role of international conventions such as the Budapest Convention and organizations like INTERPOL. In the final section, solutions for strengthening judicial jurisdiction through harmonizing international laws, advancing judicial technologies, and enhancing international cooperation are provided. The findings indicate that achieving justice in the realm of cybercrimes requires an integrated international approach that effectively tackles these challenges through the use of advanced technologies and cross-border cooperation.

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Issue Info: 
  • Year: 

    2023
  • Volume: 

    19
  • Issue: 

    4
  • Pages: 

    153-170
Measures: 
  • Citations: 

    0
  • Views: 

    89
  • Downloads: 

    8
Abstract: 

The construct of conditional sale (CS) was included in Articles 458 to 463 of the Civil Code of Iran at the time of its enactment. The enactment of Article 33 and subsequent articles of the Registration Code of Iran, replaced it with the “transaction with the right of restitution (TWRR)” construct which removed its ownership effects and practically obsoleted it. The research question of this study was, “Since the ownership effects of the CS were removed in the TWRR, does CS in common law have ownership effect?” This was a descriptive-analytical research aimed to answer the latter part of that question using comparative analysis. The results indicated that TWRR, also known as the conditional transaction, is similar to the construct of mortgage in common law before the removal of its ownership effects.

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