مجله آموزه های قرآنی
سال نهم شماره 35 (بهار 1389)

ach Legal rule has two parts including order and sanction for protecting of that. Often these two are combined in one article, but occasionally are depicted in more than one. In latter case, there are two states: first, in different articles of one act and second, in different acts. In the second status, in fact, we face transferring of sanction. This transferring may occur even toward other countries’ regulation, which makes many problematic issues. In present essay, explaining the kinds of legal element in brief, article 516 of Iranian Penal Code with such said description will be analyzed.

t is clear that society protects itself from crimes by preventing and repression. If crime prevention in its criminological sence (namely be out of penal system) is more influential, the necessity to penalize is less. In spite of this unambiguous benefit, the use of prevention in some criminological theories has been doubted. Similarly the adequacy of it, practically, faced to some limitations in different realms. Kinds of crimes, types of delinquents, methods by which enforce prevention, costs of applying various preventing actions and rights and individual liberties are some restrictions that posed and observed separately in this paper.

An accusation enters the person accused into a process where special rights and obligations are applied. The Accused’s right to benefit from a fair trial, as worldwide recognized almost by all the international and regional Human Rights Attributions, on one hand; and the obligations applicable to such process, on the other hand, requires that all the officials in penal justice system withhold making any restricting decisions and provide the accused with all the necessary facilities to defend himself and prove his innocence or at least avoid a condemnation more than is deserved. Dismissing such rights and obligations is likely to generate injustice by the operations of Social Reaction institutions, especially the penal justice system in the line to serve (administer) justice. One of the rights that accused is entitled to in the process of hearing, is the right to benefit from assistance of defending attorney in all the hearing stages including the preliminary investigation, which constitute the basis and ground for criminal hearing. In this manuscript, we tried to review and analyze the approach of Iranian legislatives regarding the accused’s right to enjoy the assistance of defending attorney in the stage of preliminary investigation, relying on the standards of fair trial and significant Human Rights Attributions (Ascriptions).

The condition “on ability” is one of the common condition that enters within marriage contract in marriage portion (mahr). The direction dated 7/11/1385 related to registry organization for deeds and real estates has offered a formal appearance to this phenomenon. But it is noteworthy that there are some observations. Firstly, the identification of this title to suspension and conditional title is more manifest than comparison it to title of condition in its especial verbal meaning. Secondly, from one hand, entering it within the contract means that the promise which is arisen by the consent on marriage portion is a real obligation, and on the other, the ambiguity of the period of acquisition of ability may cause, by the beginning, some struggles and disputes, and this matter in our jurisprudential and legal literature is called “risk” (gharar) and it is forbidden. And as a result of entering “on ability” condition within contract, the specified marriage portion (mahr -al- mosamma) will be canceled.

Although there are a lot of discussions and debates attached to globalization that naturally it is wished to reduce, in relations of global village, from the importance of territory and geographical frontiers, globalization added some new issues and difficulties including terrorism, narcotic drugs smuggling, human smuggling and other organized crimes which increased, contrary to our expectation, paying attention to territory and territorial scope. In Islamic viewpoints although there is an ideological look towards the frontier and territory, controlling frontiers has plenty of value and significance. The constitution of Islamic Republic of Iran has referred in many of its principles to territorial integrity and territorial scope, together with respecting the authority of other countries, considered the protection of territorial integrity as one of the most important president’s responsibilities and put stress that changing the frontier lines is forbidden and when occasion arises, it would perform under certain formalities. The discourse of national security in the era of establishment of Islamic Republic of Iran is concentration on territory and performing broad legal and executive actions in keeping frontiers. But it is clear that mere physical protection from frontiers and to ignore finding the roots of global and regional unsecurity may not result in security. Thus together with controlling the frontiers, other attempts such as paying attention to problems of borderers and enforcing political, economical and cultural relationships with neighboring countries, may, surely be beneficial.

Youth justice has invariably been the major concern of the criminal justice system and the welfare system of most countries. During the years the approach to the social abnormalities of the juveniles has been varied. For a while this approach was in the form of mild and welfare orientated, but particularly in recent years the approach has manifested itself in a justice orientated form and has ignored the welfare orientated. However, in practice their forms differed. For instance, referral order came after coming about of the justice approach. Although this order is meant to have come about in response to the moral panic arising from juvenile crimes, it has attracted much criticism. Because the interventionist features of referral order comes into conflict with certain aspects of the juvenile justice system. In this article, together with review of certain mild sentences for juvenile, referral order and its outstanding features, that indicate its severe sentences, are considered.

when an international trade contract is concluded, appearance of disputes seems inevitable. For solving such disputes the parties should appoint beforehand the law applicable thereon as well as an approach by which those disputes should be solved. Two outstanding approaches for this purpose are “litigation” and “arbitration”. There seems a jurisdictional conflict or ambiguity on priority of any one of them on the other, when a jurisdictional conflict happens. For solving this matter, three ideas, i.e. “sole jurisdiction of courts”, “conditional sole jurisdiction of arbitration” and an “in between relative jurisdiction of court & arbitration”, have been developed from which the third idea is now widely adopted. The appreciation of the degree of merits and demerits of the litigation and arbitration approaches vis-a-vis required a study on this matter as well as on the above mentioned jurisdictional conflict, the task which was taken up by the present article the findings of which are hereby presented to the interested legal academics as well as the researchers in fond thereof.

Necessity of protection from copyright by invention and development of print industry and technology of software, distress governments. Unlawful copying disturbs the public order of human societies. Moreover it falls in danger the economic and political security of people and governments. For this, some countries because of the high value of human intellectual heritage and collective consent in protection from creators of intellectual art, criminalize the infringement of copyright as crime. Also, Iranian legislative for protecting these kinds of rights, criminalize the unlawful copyright. In this article, we try to comprehend and criticize the maker parts of criminal protection and shape of deterrent tools for violators of copyright by examining the criminal law about copyright.