پژوهشنامه حقوق کیفری
سال نهم شماره 2 (پیاپی 18، پاییز و زمستان 1397)

Process of discovery, investigation and preservation of electronic evidence, as well as the reasons introduced by beneficiary in court contain important issues that need to be attended to. Principles and procedures that are used in the process and sanctions that are imposed are some of these issues. In general, introducing evidences and the effects of non-introducing are governed by general rules of criminal and civil procedure. At the same time, electronic evidence often need to some specific rules or procedures applicable to these types of evidence. In this study, we identify the tools and evidence related to cyberspace to examine the procedures and formalities expressed in the discovery of cybercrime and validating of data and formalities needed to their discovery. This paper is emphasizing the fact that there are no differences between rules and principles governing the process of discovery and admissibility of electronic records and evidences in civil and criminal cases. In the paper, the latest laws and regulations of our country have been analyzed and relevant solutions are provided to cite and validate the electronic evidence in courts and other authorities.

The fulcrum of which the individual rights overwhelmingly turn is the right not to being arrested without properly legal process. (notice and hearing by a neutral court). In other words, this inalienable right primarily and relatively is the main prerequisite for the performance of other individual rights. Monitoring or surveillance as a common police procedure and basic framework of a triable case might be a potential violation of liberty. One of the most paramount means of ensuring the observance of the fundamental rights and restraining any violation of the right to liberty envisaged in the criminal procedure law of Iran and France, is to recognize and consider surveillance and monitoring as a violation of right to liberty. In this article, surveillance, its methods and the persons in charge of its application and its legal effect with regard to victims and legal authorities will be thoroughly addressed.

The Iranian police implements “Societal Security Promotion Plan (SSPP)" to control those called "Thugs". In this article we argue that the "plan" lacks a well-defined theoretical basis and faces with serious conceptual challenges. Contrary to the convention that the concept of harassment is clear, this paper uses cultural criminology as a theoretical framework to show that firstly, the term "thugs" is a police – constructed term rather a legal defined one. Secondly, this concept has completely sub-cultural aspects ignoring any policy to control harassment. Thirdly, criminal justice officials, stigmatizing the “Thugs" give them a special identification that results ultimately in creation and reinforcement of violence culture. With regard to these three insights, any plan to control the harassment problem requires adoptive responses to this issue rather than punitive and repressive responses.

The non-immunity of heads of states against the international criminal jurisdiction is a well-established rule emphasized in Article 27 of the Statute of the International Criminal Court (ICC). The issuance of an indictment and an arrest warrant for the Sudanese president has raised questions about the implementation of these warrants and the cooperation between the Statue’s member and non-member states. The travel of the Sudanese president to various member and non-member states of the ICC has raised important questions about the connection between the articles 27 and 98 and the basis for the implementation or otherwise of the Court’s arrest warrant for Omar al-Bashir. This article scrutinizes the challenges of the non-immunity rule of heads of states according to the ICC Statute and its connection to the customary rule of heads of states’ immunity from foreign criminal jurisdiction.

The functions of legislature for the protection of animal species have many challenges which not only disturbed the transparency of supportive laws of criminalization, but also created disturbances in judicial penal policy to determine the punishment for hunting and fishing. Therefore, the purpose of this study, which is descriptive and analytical using library resources, it illustrates the chaos in legislative and judicial penal policy in the criminalization and pass a sentence for hunters and fishermen. The findings of this study can be viewed in three cases. First, the species of animals in Iran, inspite of a good variety, are in poor condition. Second, Iran's legislative penal policy faces challenges such as non-criminalization on the basis of a single standard, the non-assignment of animal species, and the conflict of supportive laws. And third, judicial penal policy is also confused with recognizing a valid legal document.

Red Collar criminals is a group of white collar offenders that have high criminal capacity and social adaptability; but they have psychiatric disorders such as narcissism and antisocial personality. Although they initially commit financial and economic crimes, since they continue to face the risk of detecting and disclosing their crimes by close relating, business partners and employees, they are commiting bloody crimes and killing them. Therefore, the issue of their crimes is the physical integrity and the lives of the people that protection is prioritized by prevention criminology with a focus on these offenders. Studies have shown that the effectiveness of a preventive strategy offender – oriented to the red collar potential criminals and adopting a preventive strategy victim – towards innocent people who are subject to murder. In this article, we it has been tried to investigate the types of prevention of bloody crimes of red collar criminals.

Presence at the hearing is the right of deferidants. Many international documents have identified such a right in the process of proceedings. Most international criminal tribunals consider the presence of the trial as a matter of principle and the default proceeding is an exception one. Such an approach is influenced by the nature of the criminal prosecution of international criminal tribunals. The International Criminal Court, through the formulation of rules of procedure and new evidence, has the possibility of requesting non-attendance at some of the hearings for some of the accused who are required to conduct super public services at the highest national level. Identifying such an opportunity for these individuals, apart from the other defendants, raises ambiguities and questions that appear to violate the principle of equality of the defendants against the International Criminal Court. The study seeks to analyze the International Criminal Court's approach to the principle of being present at the trial and the exceptions to it in the light of the statute and the rules of procedure and the new evidence of the Court.

In the process of fight against terrorism, the functions of two kinds of international criminal courts are considerable. If ICC has jurisdiction on terrorism, in spite of positive points like respect to the sovereignty principle in the light of complementary jurisdiction principale and stabilizing organized response to terrorism, it will face problems such as high threshold for jurisdiction and disaffiliation from non-members countries. If UN makes mixed tribunal by the cooperation of related state like Lebanon, despite of improvement of local participation and development of capacity of national legal system, forum shopping may happen. Both courts have deficiencies which can lead them to fail in the legal counterterrorism process. To fill this future gap, it is required that both criminal courts have a considerable co-existence, cooperation and interaction.

Women are the main targets of the offenders in sexual crimes. One of the new developments in the field of victimology is the Forensic Victimology. By different techniques, Forensic Victimology is to prompt the quick and accurate criminal proceeding and issuing fair sentences. In this regard, this study of women’s lifestyle determines that women's lifestyle can be effective in increasing their sexual victimization. Through the preparation of criminal profiles, the status and characteristics of perpetrators and woman victims of sexual crimes can be decoded. Also, by measuring the factors affecting women's sexual victimization, it is possible to etiology and then prevent the sexual crimes. With legal nursing, the reasons for committing a crime are collected professionally. Identifying complaints and perverse reasons and activating the victims in providing evidence in the research process can increase the speed and accuracy of criminal proceedings. Also, recording the statements and experiences of victimized women and their families affected by victimhood can help to detect crime and issue fair sentences and thus reduce judicial mistakes.

Infringement of registered trademark rights has been criminalized in articles 40 and 61 of Iranian Trademarks, Industrial Designs and Patents Act 1386, articles 525 and 529 and 530 of fifth part of Islamic Penal Act 1375 and also articles 66 and 76 of Iranian Electronic Trade Act1382. Based on this article’s results, the Legol element of crime inaforesaid criminal regulationsisdispersed, inconsistent and has some problems. Lack of independent criminalization for different methods of committing crimes against registered trademark, especially in cyber space, is the important deficiency of the related regulations. Iranian legislator has used ambiguous phrases about criminal result in Iranian Trademarks, Industrial Designs and Patents Act. Ultimately the amount and severity of legislated punishment for these crimes are not in balance with destructive effects of them.