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Author(s): 

POORBAFRANI HASSAN | Heydariandolatabadi Mohammadjavad

Journal: 

Issue Info: 
  • Year: 

    2020
  • Volume: 

    19
  • Issue: 

    41
  • Pages: 

    33-56
Measures: 
  • Citations: 

    0
  • Views: 

    176
  • Downloads: 

    0
Abstract: 

The incitement to the murder of the victim due to the provocation and mental agitation of the perpetrator and the subsequent murder deserves to be treated differently. It should be noted that although the excuse of provocation does not have a specific title in the public sector, but from the two articles 38 and 630 of the Islamic Penal Code, which are punishable by imprisonment and murder with retaliation, the perpetrator deserves to be commended and relieved. Responsibility knows and has the following conditions:-Because of the victim's behavior and speech-the physical and direct appearance of the commission –,the original or unintentional of the provocation and the presence of a specific and personal criterion in relation to the criminal conduct and the perpetrator. The present study also examines this issue in Iranian law and jurisprudence, considering the difference in provocation and provocation excitation in criminal law based on the library method.

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Issue Info: 
  • Year: 

    2011
  • Volume: 

    45
  • Issue: 

    -
  • Pages: 

    252-256
Measures: 
  • Citations: 

    1
  • Views: 

    140
  • Downloads: 

    0
Keywords: 
Abstract: 

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Author(s): 

NAVAZENI B.

Journal: 

POLITICAL QUARTERLY

Issue Info: 
  • Year: 

    2009
  • Volume: 

    39
  • Issue: 

    2
  • Pages: 

    339-352
Measures: 
  • Citations: 

    0
  • Views: 

    854
  • Downloads: 

    0
Abstract: 

This is a comparative study of the two victorious revolutions of the Constitutional Iran and the Independence of the USA that lead to the all compassing internal motives of the two oppressed nations to fight against the despotism and oppression and to collapse the ruling political, economic and social order. It is true that the symbols and causes for revolutions are plenty, but this would not prevent from giving a pattern, in which the study of this role in the revolutions would be simplified. As existing despotism and oppression, government's inability to severe and complete depression of revolutionaries, as well as expansion of ideas, such as liberty among them have a fundamental role in providing the necessary and enough objective and subjective grounds for the revolutions, the role played by the rival great powers who were determined to compensate their already losses are influential too. In both these cases, Britain helped the Iranian clergies, merchants and intellectuals to draw Iran peacefully out of its rival (Russian) sphere of influence and France helped the American patriots to change their demand of liberty to a more sustainable one of independence from Britain.

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Journal: 

CRIMINAL LAW RESEARCH

Issue Info: 
  • Year: 

    2022
  • Volume: 

    10
  • Issue: 

    38
  • Pages: 

    37-73
Measures: 
  • Citations: 

    0
  • Views: 

    52
  • Downloads: 

    7
Abstract: 

Victimology studies based on the facts of social life indicate the victim precipitated in many of criminal homicide. The punishment of the offender should be determined according to the circumstances of the crime and in proportion to his responsibility. Whereas in the Islamic Penal Code of Iran, victim provocation who sometimes is more guilty than the offender, is allocated to Ta'zir punishments only as one of the mitigating factors. This article in descriptive and analytical study, aims to research the role of effective provocation of the victim in abolition of Qisas, considering the results of victimology knowledge and the necessity of the dynamics of criminal jurisprudence. The results of the analysis of some traditions on the subject of Qisas, such as Sahih Suleiman bin Khaled and Sahih Halabi with a new perspective, indicate the abolition of Qisas due to effective provocation of the victim. According to the findings of this study, it is necessary to add a note to the general conditions of Qisas in Article 301 of the Penal Code that the victim will not have the right of Qisas if he has started the aggression and the provocation.

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Journal: 

TANAFFOS

Issue Info: 
  • Year: 

    2009
  • Volume: 

    8
  • Issue: 

    2
  • Pages: 

    24-30
Measures: 
  • Citations: 

    0
  • Views: 

    394
  • Downloads: 

    170
Abstract: 

Background: The most sensitive parameter for evaluation of airway hyper-responsiveness is PC35 (35% decrease in specific airway conductance). But assessment of this parameter requires expensive equipments. This study aimed to evaluate mid expiratory flow and dysanapsis parameters in standard spirometry for possible substitution of PC35.Materials and Methods: Thirty-seven subjects with clinical findings suggestive of asthma who had normal standard spirogram were entered in this case-control prospective study. Thirty- seven healthy volunteers were also included in this study as controls.Airway responsiveness was examined by methacholine challenge test and measurement of PC20 and PC35. In addition, concentration of methacholine needed for 20% reduction in FEF25-75%, MEF50%, and FEF25-75%/FVC was determined and compared with PC35 as the gold standard. FEF25-75%/FVC ratio was used for evaluation of dysanapsis. Results: PC35 was more sensitive than PC20 and was obtained in 93% (68/73) of patients in both groups. Although PC35 and new parameters could be positive in both groups, the concentrations in two groups were significantly different. Regression model showed that in asthmatic patients all the conventional and new parameters had good and comparable correlations with PC35. But in the control group alone and in both asthmatic and control groups, PC20 of FEF25-75%/FVC showed a significant correlation with PC35. PC20 of FEF25-75/FVC was also significantly correlated with PC20 of FEV1 in asthmatic and control groups. PC20 of FEF25-75/FVC and MEF50% revealed the best accuracy. An equation was determined for calculation of PC35 according to PC20 of FEF25-75 /FVC and MEF50% when PC35 was unavailable. Conclusion: PC20 of FEF25-75/FVC ratio and MEF50% are sensitive parameters for diagnosis of airway responsiveness. PC20 of FEF25-75/FVC is the best substitution for PC35.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    18
  • Issue: 

    22
  • Pages: 

    219-254
Measures: 
  • Citations: 

    0
  • Views: 

    440
  • Downloads: 

    0
Abstract: 

Loss of self-control defense is a new and special defense for perpetrators who have lost their self-control as the result of the victim’ s provocative conduct and consequently murder him for the victim’ s provocative conduct. In the event of the successful inference to this partial defense they charge with murder and are convicted of manslaughter. This defense basically is propounded in the law of countries with common law and according to the coroners and Justice Act 2009, it is obviously introduced in the criminal rules of the UK and has replaced defense of provocation. The main problem of this paper is to study why defense of provocation was abolished and what the quiddity and provisions of loss of control are. The analysis of this problem with a comparative approach to the penal code of Iran and with the descriptive-analytic approach showed that the new defense it has been attempted to remove the traditional defense of provocation. Although in both defenses the loss of control is the basic element for example, fear of serious violence is not counted as a qualifying trigger in defense of provocation now it is accepted the same as the cause of passion (anger trigger) and the provision of loss of control being sudden has been omitted. Still, in practice, there are some obstacles and problems in adducing this defense for some perpetrators the most important is too much emphasis on loss of control and applying the subjective criterion to its approval. It seems that perhaps consciously making a decision and the solution of the most details has been assigned (allocated) to judges and jury that with considering all facts in every file they make a fair decision. Despite not observing the loss of self-control defense in the penal code of Iran, trials have noticed it and sometimes attempt with their extended interpretations to apply their legal capacities to convert murder to manslaughter and to release the perpetrators from capital (death penalty) punishment.

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Issue Info: 
  • Year: 

    2006
  • Volume: 

    32
  • Issue: 

    -
  • Pages: 

    589-602
Measures: 
  • Citations: 

    1
  • Views: 

    141
  • Downloads: 

    0
Keywords: 
Abstract: 

Yearly Impact: مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

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Journal: 

WOMAN AND SOCIETY

Issue Info: 
  • Year: 

    2018
  • Volume: 

    9
  • Issue: 

    3 (35)
  • Pages: 

    317-338
Measures: 
  • Citations: 

    0
  • Views: 

    577
  • Downloads: 

    0
Abstract: 

The purpose of this research is to investigate the behavior or speech and. . . provocative of the victim which is the cause of the crime and, according to Article 38 of the Islamic Penal Code 1392, commits a reduction in the punishment. In this research, a descriptive-analytical method was used using library tools and sampling of 60 cases of victimized women in the judiciary in Shahrekord. The way in which files were used was that all cases were studied, and among these cases, those who were victimally, had an effective role in committing a crime. Then, the analysis of the discussion was dealt with. Finally, the effect of the underlying causes of sexual crimes and their roles in reducing the punishment in the Iranian judiciary and courts based on jurisprudential and legal foundations was investigated. According to the findings of this research, firstly, the behaviors and speeches of the victim are the basis for committing sexual offenses. Secondly, the actions and behavior that underlie sexual offenses and chastity do not only reduce the punishment of the perpetrator, but also sometimes lead to the fall of the criminal punishment. Thirdly, discounts and deductions are not specific to Ta'zir, and generalization is also applied to extrajudicial incidents and retaliation

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    7
  • Issue: 

    5
  • Pages: 

    0-0
Measures: 
  • Citations: 

    1
  • Views: 

    306
  • Downloads: 

    152
Abstract: 

Background: In a world of nanotechnology, the first concern is the potential environmental impact of nanoparticles. An efficient way to estimate nanotoxicity is to monitor the responses of bacteria exposed to these particles.Objectives: The current study explored the antimicrobial properties of nZVI (zero-valent Iron nanoparticles) on the Gram-negative bacterial systems Erwinia amylovora, Xanthomonas oryzae and the Gram-positive bacterial systems Bacillus cereus and Streptomyces spp. The genotoxicity potential of nZVI was also assayed.Materials and Methods: The toxicity of nZVI was tested by two different methods: Growing bacteria in liquid (broth dilution) and agar media (challenge test) containing different nZVI concentrations for 24-72 hours. The genotoxicity of nZVI was assessed using the preincubation version of the Ames test.Results: The lowest concentrations of nZVI that inhibited the visible growth (MIC) of E. amylovora, X. oryzae, B. cereus and Streptomyces spp. were 625, 550, 1250 and 1280 ppm, respectively. The minimum bactericidal concentration (MBC) for E. amylovora and X. oryzae were 10, 000 and 5, 000 ppm of nZVI, respectively. MBC was not observed for the Gram positive bacteria. No bacteriostatic and bactericidal effects were observed for oxidized nZVI. Mutant frequency did not increase according to the vehicle control at the concentrations assayed, indicating a lack of mutagenicity associated with nZVI.Conclusions: nZVI nanoparticles are not mutagenic at low concentrations, therefore they can be used without detrimental effects on soil bacteria.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    4
  • Issue: 

    3
  • Pages: 

    83-90
Measures: 
  • Citations: 

    0
  • Views: 

    223
  • Downloads: 

    94
Abstract: 

Background: Opium is an oldest recreational abuse substance with dependency. Small airway diseases (SAD) were established within opium user’s population. Bronchial hyper-responsiveness (BHR) reflects airway reactivity and inflammation. Opium can induce airway inflammation and following airway reactivity.The objective of the study assessed status of BHR among SAD with regular inhaled opium users. It performed with hypertonic normal saline provocation challenge test.Methods: Target population enrolled among SAD with inhaled regular opium users. In the next step, standard hypertonic normal saline provocation test carried out on the sample study.Results: A total of 46 subjects followed the study. The mean age±SD was 50.1±1.2 years, with median 48 years.91% of those were male. A positive result of BHR was distributed more frequently in the chronic obstructive pulmonary disease (COPD) with the asthma phenotype. In addition, it was more market in the youngest and advanced age classes equally.Conclusion: hypertonic normal saline provocation test result was quite noticeable between regular inhaled opium users. BHR was detected more frequently in COPD with asthma phenotype, COPD, chronic bronchitis, and bronchial asthma disease, respectively. The outcome indirectly revealed that there was a relation between airway inflammation and opium inhalation in population. It may be reflected an added effect on the predisposing risk factors of induced airway inflammation and hyper-reactivity of airway in target populations.

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