فهرست مطالب حسین آقایی جنت مکان

The International Criminal Tribunal for Rwanda tried many civilians who played a significant role in the 1994 Rwandan massacre while the civilian superior responsibility was not prescribed in the tribunal's statute. The current study employs a descriptive-analytical approach to examine the Rwandan tribunal's approach to the challenge of applying the doctrine of commander's responsibility to civilians and how this approach has influenced the Rome Statute. The findings of this article show that international criminal tribunals have generally accepted that the commander responsibility doctrine can be applied to civilians. Furthermore, the judicial reasonings in the Yugoslavia and Rwanda tribunals have served as a foundation for the contents of Article 28 of the Statute of the International Criminal Court.

Human Development Index is a composite one to measure three criteria of longevity, access to knowledge and appropriate level of welfare. Since 2011, education, the combination of mean study years for adults (25 years of age and elder) and expected years of studying, life expectancy and income per capita have been considered as components of Human Development Index. Human Development Index is in fact the geometrical mean of these three indexes. This index is annually calculated for countries by the United Nations but not for their states, provinces, cities and regions. Therefore, researchers themselves must calculate this index for provinces for certain purposes.

Lack of such statistics is also a statistic deficit in Iran that has made regional and provincial researches limited and inaccurate. To remove this deficit in this research Khouzestan Human Development Indexes in the years 1996, 2006, 2011 and 2016 have been calculated using the latest formula. It needs to be mentioned that the simulation of Human Development Index is difficult and time consuming. Not paying attention to details can deviate the index. So in order to ensure the precision of calculations, the Human Development of the country has also been calculated and compared with the same index calculated by the United Nations for Iran in order to ensure the authenticity of Human Development Index in Khouzestan. The applied method was a simultaneous behavioral pattern which considers the changes in Human Development Index through components of the United Nations Human Development Index and also simultaneously predicts and includes it in Human Development Index. The estimation method is based on Stock and Watson (1993) Dynamic least squared method that is helpful for predicting variables.

According to results, Khouzestan Human Development Index for the period 1990-2019 can be simulated. The related results are presented in table 1.Table 1. Simulation of Khuzestan Human Development Index results  As table 10 shows, Khouzestan Human Development Index had a slow rising trend up until 2005 but from 2006, there seems to be a jump or structural failure in Human Development Index. However, during 2016-2018 the trend reached a plateau and it seems to have reached its stabilized level. Also, based on this simulation Khouzestsan Human Development Index was in an average level up until 2008 but since 2009 it has reached its high.

To assess this hypothesis, in this research using the new formula Khouzestan Human Development Indexes for the years 1996, 2006, 2011 and 2016 were calculated. The results showed that the indexes of life expectancy and education in Khouzestan were in a worse situation than that of the country but the index of income (taking oil into account) was more than that of the country. The calculation of Khouzestan Human Development Index without oil showed a worse situation than that of the country.Based on results, Kouzestan Human Development Index reached from an average level in 1996 to a high level during 2006 to 2016. This is an acceptable growth. Also, Khouzestan Human Development Index without oil is lower than that of the national index and this represents the worse status of the province compared to the country.The results of simulating Human Development Index show that up until 1389, there was a slight rising trend but from this year on there has been a jump or failure. Moreover, Khouzestan Human Development Index was in an average level up to 1385 but it has reached a high one since 2010.

Advocacy is one of the most important institutions that can play a constructive role in the process of achieving justice. The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and the prevention of encroachments and violations of citizens' rights. The necessity and importance of the right of defense have made it possible for advanced legal and judicial systems to view it as an important part of a fair trial to provide the necessary background for lawyers to perform their missions at all stages of the proceedings. Therefore, the presence of defense counsel during the proceedings is one of the most important and basic rights of the defendants and, in this respect, is particularly important in criminal matters. Therefore, the present study has attempted to examine the legal and ethical foundations of lawyer involvement in the judicial process.

The presence of a lawyer in the criminal justice process is justified on a legal and ethical basis. The legal basis of the right to choose a lawyer in the criminal procedure process has justice based and utility approaches. In the (justice-based approach), the participation of the lawyer guarantees the defendant's fair trial and fair trial. But under the (utilitarian approach), the participation of the lawyer in order to prevent the diversion of justice, to prevent the arbitrariness of those involved in the criminal justice system, to speed up the process of justice and to secure legitimate liberties, can be justified. But the ethical principles of the right to choose a lawyer in the criminal proceedings; In order to prevent delays in the proceedings, non-discrimination between designated attorneys and reciprocal and subjugation attorneys, the statement of facts to the client while justifying the subject matter and the secrecy of the client's statements can be justified.

Justifying or not justifying killing in defense of property has always been a challenging issue for jurists Western jurists have studied such killing in the light of the principle of proportionalit. . That is,whether there is a balance and proportionality between defensive action - killing aggressor- and aggressive action - attacking property – or not. based on this principle, some believe that killing in defense of property is disproportionate, while others have suggested theories to justify these killings. In different legal systems, in this regard, criminal law and judicial procedure are sometimes different and sometimes similar. in Iranian law, without this issue being theorized, different views have been expressed. Legislation in this regard has also varied in different periods. In the meantime, Islamic jurisprudence by requiring of gradualing in defensive actions, has provided the best solution. Due to the many ambiguities in the concept of proportionality, the jurisprudential approach of gradualing in defensive actions has been incorporated into the Islamic Penal Code 1392, and the concept of proportionality is no longer mentioned. Thus, these killings are justified by compliance of gradually in defensive actions as well as compliance of the other requirements of Article 156 of the Islamic Penal Code.

Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and prevent the abuse of citizens' rights. The necessity and importance of the right to defense has led the advanced legal and judicial systems of the world to view it as an important element of a fair and just trial. Therefore, the presence of a defense attorney at the trial stage is one of the most important and basic rights of the accused, and with these characteristics, representation in criminal matters has a special importance and position.

The research method in this article is descriptive-analytical. This means that the necessary information has been collected using various sources such as libraries, articles, websites, etc. and has been analyzed using principles, legal and logical rules.

The results of the study indicate that in the Iranian legal system, defendants can use a lawyer during the trial, advice and timely defense, to exercise their rights. The lawyer almost has functions such as influencing the legislative and judicial policy of each country. However, the authors have examined the issue of advocacy in the Iranian criminal proceedings, which is based on a one-tier system of advocacy, namely defense counsel.

The weaknesses of legal remedies has at times provided the conditions for some firms to increase the price of a product by exploiting their economic position, dominating the market and by causing a false inflation in the market of a certain commodity. This is done to achieve unjustified and unfair profits and can be interpreted as price manipulation in the commodity market. Although the crime of price manipulation in the stock market is found under the criminal label "Security Market Manipulation", there is no clear definition provided and it is largely misunderstood.In this descriptive-analytical study, the feasibility of price manipulation in different markets is evaluated by assessing the key indicators of price change in a commodity. Excessive price manipulation can lead to market imbalances and the profits from the rise in prices are obtained in an unconventional and unfair method. In addition, according to paragraph 9 of Chapter 44 of Article 44 of the Constitution, this occurs when, firstly, the trader has a dominant economic position; and secondly, the disputed price of a certain commodity varies a great deal with the average cost of production or with its relative proportional profit.

The study on the concepts and theories of criminology shows that these theories play a decisive role in the trial stage in the light of the principles of criminal procedure. Theories that are presented in this regard adhere to ethical teachings. The inefficiency of the criminal justice system in the field of criminal justice and the lack of effectiveness of current criminal solutions in the discussion of crime provide a suitable ground for presenting critical theories in the criminology field to protest the present status of society and criminal justice institutions with relying on morality. Many innovations in the Code of Criminal Procedure adopted in 1392, following the new solutions of criminal justice, such as restorative justice, victimology, have occurred in the field of rights and comprehensive protection of victims, which is based on ethical principles. Our aim is to analyze criminology theories in the trial stage with regard to the principles of criminal procedure.

This research has been done by descriptive-analytical method and using library resources.

 None to be declared.

Although criminology is a scientific discipline and has not been widely accepted by governments due to critical perspectives, but it has penetrated into the penal codes, especially the criminal procedure code, and different goals have been set for it. These targets have been found in different formats, including the elimination of crime and punishment. This is a manifestation of the view of "relative cancellation of criminal law" and its examples, Suspension of prosecution, postponement of prosecution, contractualization of criminal law, selection of prosecution of defendants, observance of human dignity, are the achievements of the impact of criminology on formal criminal law.

Today, although nearly two centuries have passed from the life of criminology, the influence of criminology teachings that are a product of ethical principles, is not covered in the developments of criminal law and criminal policy. The teachings of criminology have been found as an applied criminology branch in the criminal procedure of the countries and in different stages of the procedure, the effect of these doctrines could be found. The formation of personality cases in the criminal process and the acceptance of the principle of individualization of punishments are among the mechanisms that have been used to determine the nature of criminal justice system based on ethics.

There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood to be based on the rule that "No Blood Money for the One Killed Due to Legal Punishment". Some jurists also citing some religious generalities, have believed to Lack of guarantees pent to Lack of extremes in Punishment and a few jurists, such as Sheikh Mufid, have distinguished between the rights of God and the rights of the people. This difference of opinion among scholars has also been transferred to the Islamic Penal Code, and there are contradictions in some legal articles that need to be examined. This article critiques each point of view in a descriptive-analytical way, along with their documentation and analysis of legal materials. The author's chosen opinion in substantiation of Guarantee for Punishment leading to the deprivation of life wherein permeate of wounds is not Arising from negligence. This claim is based on the priority of the evidence of the sanctity of the Muslim person's blood over other evidence, the generalities of the murder, and also agrees with the scholarly view of Khansari in one of her possibilities and It explicitly complies with Article 13 of the Islamic Penal Code and Note 185 of the Islamic Penal Code. According to the law, if deprive of life arising from Punishment is after warning of Judge enforcing the penalty, It removes the guarantee from him.

The relationship between law and economics is an old-fashioned one. During the second half of the twentieth century and with the emergence of a new idea in the philosophy of law under the theory of economic analysis of law, this relationship took another form. Economic analysis of law means the analysis of legal concepts and institutions based on the cost-benefit formula, i.e. applying theories of economics, especially efficiency, as the basis of legal rules in order to evaluate these rules and, if necessary, correct them.  This also means the evaluation of concepts, institutions, and legal institutions based on economic ideas, and especially microeconomics. Economic analysis examines the rights of legal issues with economic instruments, explaining that first legal concepts and institutions are translated into economic language and then concluded within the framework of economic logic. The present article intends to examine the two post-criminal trial institutions -  namely, the mitigation of a part of the convict's sentence (penalty) for refunding the appeal and revoking his right and exemption from paying part of the fine for paying it at the legal opportunity -  from an economic point of view. The purpose of measuring the effectiveness of these institutions relates to the functioning of the criminal justice system and to encouraging individuals and convicts to use this system. The present research uses a descriptive-analytical method based on documenting discourse and economic analysis of law.

One of the important issues in final verdicts is whether to calculate or not the duration of detentions prior to hearing for the convicted persons. There are three approaches to this issue across the world: the first, zero calculation; the second, mandatory calculation and the third, optional calculation. Iranian criminal acts, since the inception of the judiciary system, have been calculated in terms of mandatory approach (public penal acts 1304 and 1352). After the victory of the Islamic revolution of Iran, the optional perspective was adopted, but in recent years the mandatory approach appears to have been opted for. This has been due to human rights movements at a global level which have resulted into the adoption of such an approach in criminal courts. This paper intends to assess and measure the calculation of frequency prior to court rulings and elaborate on its merits and demerits

In the criminal proceedings, the preliminary investigative phase, considering the features and features of this phase, is of particular importance in the subsequent proceedings, in particular the rights of the accused, and the legal influence of the lawyer in guaranteeing and protecting these rights. The presence of a lawyer in the preliminary investigation phase provides both legal and ethical requirements, respecting the rights of individuals, and equipping them with the opportunity to defend and to exercise their rights. The Criminal Procedure Code adopted in 2013 has effective innovations on the right of the accused to have a lawyer in the preliminary investigation stage, and the presence of a lawyer in the supervised phase, unlimited attendance, the right to study and access to the case, and the need to appoint a lawyer. , From the point of view of guaranteed subject matter rights, and obtaining the latest defense of the lawyer, admonition of the lawyer to the interrogator, maintaining the dignity and dignity of the individual, and segregation from the prosecution to facilitate the intervention of the lawyer in the light of ethical requirements, including the most obvious signs of strengthening the intervention of the lawyer. is considered. In this article, about the right of the accused to have a lawyer during the preliminary investigation phase, with emphasis on the drafting of this law, its specific rules and provisions are analyzed and described.

Human rights demands have increased human rights around the world. Public opinion has more responsibility for governments than ever before. These developments have contributed to the spread of universal human rights. As a result, some personal and collective rights have been promoted and more important. International humanitarian law is under way in pursuit of human rights, and the issue of human rights and good governance has been placed on the agenda of international institutions and has led to the issuance of international documents The total of these developments has increased the expectations of the good governance of society and sees the way to guarantee and respect human rights in a kind of governance that has changed the concept of "good governance". Good governance is the ideal form of government that governs public affairs on the basis of indicators such as accountability, rule of law, accountability, government efficiency, the fight against corruption, central justice and the right to comment, and guarantees human rights.This type of governance is seriously addressed in response to human rights demands and the pursuit of democracy, in the field of public law and, of course, in international documents, and has been emphasized by international law in international treaties and emphasized by the majority of international lawyers. The author that observance and guarantee of human rights are not possible except in the light of good governance.Human rights implementation ensures the implementation of human rights indicators that achieve good governance and ensure the implementation of human rights.

Many buyers to make use of goods to reason development goods and presentations goods to market. In many industrial societies that speed production goods are high. Dangers use of goods will high too. A few dangers are depend on natures goods and other are depend on non- standard goods and cars be lose to user. To production un-quality goods and lose to user, we question ourselves: what we do about it? We follow it that clear defects of subjects and search to find way with specify limits responsibilities civil and penal producer goods and study it base on responsibilities, elements and effects and guarantee execution. What most people of society expect of legal laws, ministry of justice and control department that decisive and effective encounters in this field, that to prevent of lose on future and to compel sate of people too.