پژوهشنامه حقوق کیفری
سال پنجم شماره 1 (پیاپی 9، بهار و تابستان 1393)

Necessity to trial in absentia in some offences and so to preserve the rights of absent convicted ones, the legislature has tried to recognize the protestation right of the absent convicted persons toward the sum of the two interests. The philosophy of the protestation acceptance in absentia judgments by the legislator is related to one of the fair trial, i.e., the necessity of defense right, the presence right of the accused in the trial. In this case, it is necessary that the proceeding times to be communicated to the accused one, so that the accused or his/her attorney can present the necessary defense through presence in the proceeding. In the absentia trial, the legal assumption on the protestation is that when a defendant isn’t present in the court, the proceeding is not accurate, and defendant defenses has not been heard and the truth hasn’t been revealed for the court and another opportunity should be given to the convicted one to defend himself. Defendant request in this form is called the protestation. This is on the principles of fair trial, particularly the right to attend criminal proceedings, and the defending right principle, and it has several important relics and orders such as suspended sentences and to arrest the issued warrant, to expedite the proceedings, to extinguish the appellant right, to prevent aggravation of punishment, exemption from payment of protestation expense and etc. In this paper, after a glance at the principles and concepts of the absentia proceeding, its legal requirements will be briefly discussed

Delinquency and criminal behavior are multidimensional and complex process involving the interaction between environmental factors and individual tendencies. These behaviors are defined as acts and attitudes that violate social norms and individual or privacy rights of others. Social and economic costs of delinquency in society are caused that understanding its causes participation of some adolescences in antisocial behaviors and non-participation of some adolescences, is considered as priorities of prevention of social pathologies. Despite being a multidimensional delinquent behavior, pattern of antisocial and delinquent behavior can partly be explained by some personality characteristics. Thus one of the important directions in the study of criminal behavior is investigation of the link between the personality traits with inclinations of crime and delinquent behaviors. However, criminal behavior is influenced by some personality traits. Various researches show that the psychotic personality traits, extroversion and neuroticism can predict delinquency positively. Some of the researches have also discussed that main personality traits such as impulsivity, are better predictors than psychotic features, extraversion, and neuroticism for delinquency. In particular, high negative emotionally, the tendency to experience avoidance affective states and lack of inhibition, predict antisocial and delinquent behaviors. Considering the better understanding of personality traits of delinquent people can help in perception, assessment, and design interventional planning, the aim of present study is deeper study and identification of personality traits and psychological backgrounds such as cognitive abilities in delinquent people, and providing necessary recommendations and guidelines in connection with the prevention of social pathologies

In the penal systems based on liberal theory, criminalization and penalization are directed within special criteria and restrictions, with emphasis on given theoretical bases, by reference to specific normative and evaluative considerations. In such a system, punishment is legitimated and justified in the light of values of the same as freedom, tolerance and autonomy which are, in fact, components of every liberal theory. In the liberal thinking, center of gravity is determining and drawing punishment, based on freedom-restricting principles and defending some kind of minimal penalization and criminalization. In the most cases, this restriction and minimize-seeking is done by reference to Harm principle as the most famous and important freedom-restricting principle. This article is seeking to explain the scope and limits of criminalization and penalization in liberal theory by reference to theoretical bases of liberalism and its components.

Family is the first social group which is formed to live with other people from the very beginning one plays play the most important role among other social groups to develop the process of human being (mankind) to grow. But unfortunately nowadays family has been involved in crisis and less attention paid to as the women and children the most important groups. The legislator's protections in the fields of family affairs in order to remove their problem can help family not to be vulnerable. So the governments take different actions to protect the families. One of them is that they must be so sensitive about the behavior. This criminalization in relation to punishment as criminal to the behavior described which really threats the members of family and they should be prosecuted officially and this prosecution passed in order to protect the most vulnerable groups in family that are women and children. International unions have taken some serious actions to protect them properly. This essay only analyzes the kinds of crimes which threats the family the ways to prevent these threats in Iran’s law and have a glance at international documents, too

According to a principle commonly adopted in all modern legal systems‪,‬ recent laws do not apply to previous cases. In other words‪,‬ it is not possible to re‪-‬prosecute individuals as new laws come to pass‪.‬ This principle is known as the non‪-‬retroactivity principle in the criminal justice system‪. The very principle can also be inferred from various Quranic verses and Hadith including the Jab regulations (crimes committed by the pre-Islamic subject), Ibaha principle (legal indifference) and the disapproval of Bila-bayan punishment (without making regulations clarified). Moreover‪,‬ some contemporary Islamic scholars have proposed exceptions to this principle based on some other verses in the Quran‪.‬ These new propositions are often dismissed or ignored by the Imamiah school and not included in their juratory sources beyond perhaps the revelation circumstances‪.‬ In this article we have attempted to identify‪,‬ discuss and critique the foundations of this principle in the Islamic law and work out the applicable cases‪.

Evolutionary psychology is a cognitive approach to social behaviors which considers the mind as the result of adaptation of human beings with ecological and social necessities of itself and is trying to understand the evolutionary function of human behaviors including his aggressive behaviors. This cognitive approach has a combinational method. A method that considers the human being behaviors as the result of interactions between inherent and environmental factors during thousands of years and describes that the reasons and procedure of creation of behavior can be identified by studying cognitive structure in human being which has several symptoms of the past of this creature with itself. Evolutionary psychology instead of identifying aggressive behaviors such as homicide as abnormality is searching for an answer to the reason of creation of psychological preliminaries of such behaviors in human being ancestral environment and it has significant responses for describing the fixed patterns of diagrams related to homicide. Patterns that indicate homicide is usually committed by young males that are deprived from legal social and economic opportunities. This approach, considering its focus on sex and age as determinative factors in human being growth can provide appropriate criminological hypotheses for justifying the aggressive behaviors of human being. The present paper expresses and describes the procedure of homicide in a descriptive and analytic way and with regard to existing researches by evolutionary psychology.

Today, with the emergence of new forms of criminality, especially terrorism and organized crimes, the governments in an effort for providing security and fighting crime, go forward so far as the human rights standards became the extra formalities in their view, as impeding fast implementation of criminal justice and providing security. Meanwhile, with the increasing of criminality, the criminology recognized providing order and security – returning to the crime-oriented period of criminal law- as the solution for crime and adopts security-based approach. In the security criminology approach, it is tried to banish the chronic criminals through criminal mechanisms and dangerous persons through situational prevention criminology by the use of a differentiated strategy. In the light of such space, the dialogue of imagined defendants and criminals as enemy has affected penal policy of different countries. So that, in this approach, many of criminal regulations was based on security by taking impression of the new criminology thoughts. In other words, some of the human rights of defendant are ignored under the pretext of providing security. In this paper; through explanation of security criminology, we analyze the strategies and effects of this approach on criminal law

Reduction in dark numbers and approaching actual crime statistics for a more realistic view are demands of every judicial system in order to achieve its ultimate goal of developing a coherent criminal policy through them. This study mainly aims atdescribiug how the dark number can be decreased using the tools obtained from the criminal policy concept applied to encourage the people in the report of crimes. The obtained statistics have great credibility and can be considered for planning the coherent criminal policy. The encouragement of the parties and that of the non-interferes to report crimes are discussed successively in the first and second chapters after the introduction. This study seeks to answer the question raised as to whether it is possible to encourage the people in the society to report crimes or not.

The legitimate defense has been entered the criminal laws of different countries of the world since long ago. However, in a supposed defense against police that in several cases duties and authorities are in conflict with rights and freedom of the individuals; no consensus exists in this regard and various theories have been put forward. Some scientists have accepted absolute obedience theory, others absolute resistance and many accepted intermediate theory. According to the Islamic Penal Code, if they are officers outside scope of their duties, not worthy of legal protection and with the other circumstances, other party will have right to defend. So criterion separate self-defense and rebellion from each other and it is exit or non-exit of officers from their duties. But Iranian legislator accepted the intermediate theory by limiting the defendable issues against police, in this way that doesn’t accept the resistance against ‘body freedom’ and ‘assault’. It appears this is not a logical position and requires a review. Such a limitation does not exist in French law, and other mechanisms anticipated limiting the defense. This study tried to view the rules of Iran and France, Judicial procedure and doctrine, to assess the conditions and of limitations of defense against police to help the authorities in this field and with critically analyzing these positions, contributing to the legislature to eliminate possible defects.