حسین میرمحمد صادقی

Civil nationalism is a type of "belief in the nation" in Which, despite the existence of diversity and fragmentation in cultural, ethnic, and religious components, is defined mainly based on the equal right of citizenship and the will to live together. In Iran, since the constitutional revolution until now, there has been an effort to prioritize the idea of civil nationalism over competing types, namely cultural and ethnic nationalism, in which emphasis is placed on language, religion, history, or common heritage and the revival of the great civilization of the past. Although in most of this period, the cultural approach has prevailed, the growth rate of its civil type from the context of criminal legislations increased from the eighties and reached its peak in the late nineties when three bills were presented in the 10th and 11th parliaments. These bills include the bill of "Insulting the legal religions, culture, language and legitimate customs of ethnic groups"/ the bill of "Adding two articles to the Islamic Penal Code/ and the bill of "Repressing of Racial Discrimination, Ethnic and Religious Hatred" which Finally, parts of the content of all three bills were merged and Enacted in the form of “Repeated” Articles 499 and 500 of the Taziraat section of the Islamic Penal Code. In this effort in the nineties, the demand of the people on the one hand, and the response of the elected representatives of the nation in the parliament, especially the representatives of ethnic and religious identities in the minority, played a prominent role. However, these efforts are still incomplete and there are serious gaps, especially in relation to technical burden of proof and the scope of inclusion.

The ominous phenomenon of active and passive bribery has long existed in human society by corrupt people, especially in the position of judges, and the perpetrators have been severely dealt with. This phenomenon has been condemned in the poems of Persian language poets. Efforts to fight this crime - which is one of the obvious examples of administrative corruption - have caused it to be addressed in some international treaties and laws of many countries, which are described in this article. In Iran, the "General Penal Code" in 1304 dealt with active and passive bribery in ten articles (139 to 148), and these provisions sometimes underwent changes. Currently, the regulations regarding these crimes can be found in "Islamic Penal Code - Book V: Taezirat and Deterrent Punishments" and "Code for Aggravation of Punishment for Bribery, Embezzlement and Fraud" and some miscellaneous laws. In this article, while providing a definition of these crimes and analyzing their constituent elements, the gaps and shortcomings of Iran's laws have been examined and, using what is foreseen in the laws of other countries and international treaties, solutions to improve Iran's laws and to expand the definition of these crimes, in line with a more decisive fight against administrative corruption, have been proposed.

Background and Goal: 

Crimes against Security could be considered as one of must important Realms of Challenge and Confrontation between Rights of Sovereignty and Citizen Rights. Due to High Important of Harmful effects of Crimes against Security on public order and Security, Independency and national Sovereignty, they are very important in all legal Systems and special and different Provisions approved for these Crimes.

In terms of objective, this Paper is an applied Research and in terms of Methodology, it is a descriptive-analytical study.

In reaction to these crimes, governments have a relative tendency to guarantee the rights of the sovereign and sometimes they abandon the general and established principles of criminal law.

in respect of Crimes against Security, penal Justice frequently through approval of Special Provisions provide wide context for interventions of Police as first Actor of Criminal Justice System in preliminary stages of crime Commission and in the area of the challenge of sovereignty and Citizen rights, it usually seeks to ensure relative rights of the sovereignty.

Intellectual property rights are ownership of the works and intellectual efforts of individuals, which, by providing some elements including originality, novelty and innovation, due to the nature of the intellectual work, bring relatively exclusive rights to the creator. Contrary to popular belief, intellectual property is not an absolute right and it can also include the public rights. While analyzing the issue of intellectual property rights in the construction industry as works of art and industry, this article has examined the legal protections in two stages before and after construction and it is based on this opinion that the use of designs and ideas implemented by other engineers does not necessarily mean an infringement of the original creator's rights and is considered as a part of the growing nature of the engineering world. Also, it is concluded that in the absence of a clear legal perspective, at the time of conflict between its material and intellectual rights, at least in the field of engineering and industry, the principle of material ownership prevails and the owner has the right to change the created engineering artifact based on his needs, but the owner of the idea can prevent the attribution of the work to himself and recover his suffered possible or absolute damages, if any. Finally, from the criminal aspect, it is found that violation of intellectual rights is no longer a crime merely related to the private rights of individuals, and it is necessary to identify it as a public crime aligns with the public interest and the social and economic developments. 

Punishment and power are in a process of reciprocal interaction as two social institutions derived from human behavior. Power determines punishment and punishment determines the scope of power in this two-way interaction. Political power has the legislator as the determining institution of the punishment, so it has a high level of intervention in determining the criminal response. However, there are psychological factors that lead society to demand these reactions from a superior. Delegating the duty of the determining of the punishment to the legislator requires a chain of previous causes. Most of these factors go back to the innate of person and human’s nature react seeking and the other part is external factors that increase his/her tendency to suppress the guilty person. But how does this chain of factors play its role? The current research tries to examine the underlying factors of the demand for criminal response which have an internal origin and arise from human nature, in addition to examining the exercise of power established in punishment.

Under Article 136 of the Islamic Penal Code (approved in 2012), the legislator has outlined the sentence of repetition in Hadd crimes. In accordance with this article, the punishment for committing a Hadd offense for the fourth time is death. However, neither the text of the law nor the legal doctrine addresses the case in which there is a mistake in counting the number of times the Hadd is applied. As an example, in the event that the perpetrator is punished four times with the same Hadd punishment, the death sentence can be imposed on them the fifth time, in accordance with Article 136.The present study is intended to answer the following question: "What is the effect of making a mistake in counting the repetitions of the Hadd punishment?" There are many examples of making a mistake in counting the number of times the Hadd punishment has been enforced, and it is possible to approximate more or less the number of repetitions, even though a number of examples are provided in the jurisprudence in this case.It is possible to consider three hypotheses in relation to the impact of the mistake on the punishment for repeating the Hadd: 1) The absolute absence of the consequence of the mistake in counting how many times the Hadd is executed, and the allowance of executing the death sentence in subsequent rounds. 2) The relative impact of the mistake, in such a way that if the perpetrator is responsible for the mistake, the mistake is not effective in counting the number of times the sentence is executed, and if the perpetrator is not the person responsible for the mistake, the fulfillment of the mistake will result in the exemption from the death sentence. 3) The absolute effect of the mistake and the prohibition of executing the death sentence in future rounds.In the present research, firstly, various cases in which a mistake was found in counting the number of repetitions were examined, then the three hypotheses mentioned were assessed based on the examples mentioned, and finally, the hypothesis of the absolute effect of the mistake in the number of repetitions, which caused the punishment prescribed in Article 136 to be extinguished is favored.

The threat posed by terrorist groups in Iraq, not only for the country but for the whole world, and especially for neighboring countries, is important in addressing the criminal legal response to the Iraqi judiciary. Despite the extent of the terrorist acts of this group and its members, the measures taken by the criminal policy of this country to deal with the detainees, as well as the challenges in this regard, are among the main questions of this article. In this regard, the pathological attitude towards the country's Code of Judicial Procedure in interaction with the Special Law on Combating Terrorism and referring to the cases of members of terrorist groups, especially ISIS, shows that criminal proceedings are a form of the same rules of criminal procedure. It follows other crimes and does not have a differentiated criminal proceedings. In addition, the method of committing the crimes of the members of this terrorist group makes it doubly difficult to determine the method of assigning the crimes that have been committed as a group, and this will delay the trial. For this reason, the implementation of the judicial process in a discretionary, politicized and mainly military manner has made it possible to question the observance of the proceedings mentioned in the Code of Criminal Procedure.

There was serious controversy in the 1996 negotiations on the drafting of the ICC Statute on putting aggression on the list of crimes under the jurisdiction of the tribunal, which in turn stemmed from disagreements over the terms of Exercise of the ICC’s jurisdiction. The Review Conference's amendments in 2010 and Assembly state parties 2017 introduced specific rules regarding ICC’s jurisdiction for aggression that differ from the usual jurisdiction of the Court in respect of other crimes within its jurisdiction. It also lacks a clear and precise explanation for ICC’s specific jurisdiction over the crime of aggression, which has sometimes led to disagreements among jurists. Therefore, this paper will examine the ambiguous points of this jurisdiction regime in the Statute as well as the difficulty of applying ICC’s jurisdiction over the crime of aggression after July 17, 2018.

Article 143 of the Islamic Penal Code has anticipated criminal liability of legal persons. Since investigation of the crimes committed by these persons requires the existence of a criminal procedure relative to their nature, following the French law, the Code of Criminal Procedure has established rules by allocating a separate section. The specific provisions codified by the legislator in the Code of Criminal Procedure 22 mainly related to the investigative actions of the legal person accused, which seeks to adapt investigative actions to the nature of these persons. Therefore, anticipating the rules of summon, arraignment, criminal security orders, and so forth is considered a positive step in new legislation, and other cases, which have been not mentioned in the law, are included in the general rules that also apply to natural persons. These specific rules have their own drawbacks. For example, regarding the criminal security orders for legal persons, contrary to the French Code of Criminal Procedure, none of the orders has been established with the aim of compensating for victims. Therefore, this research attempted to criticize and analyze specific rules of the preliminary investigations of legal persons and provide appropriate solutions by raising the relevant ambiguities and objections.

In the light of advances in organ transplantation, travel for transplantation has been surging with the passage of time. Travel for the purpose of transplantation is a legitimate behavior that in certain circumstances or in the event of committing some unethical or illegal conduct becomes "Transplant Tourism". Transplant tourism has expanded largely due to the weakness of national laws and the global shortage of organs. This phenomenon has been the subject of numerous international instruments in recent decades and its prohibition, prevention, and sometimes criminalization have been stressed in this regard. On the one hand, transplant tourism is related to "trafficking in persons for organ removal" and "organ trafficking", and there is a significant overlap between such phenomena. This entails a comprehensive approach in this area. On the other hand, transplant tourism is a transnational phenomenon, and thus the participation of members of the international community is necessary to address this problem. Nevertheless, Iran, as a member of the international community, lacks a suitable approach to transplant tourism. Due to the weakness of the domestic regulations and their distance from the international community's perspective, it is essential that the legislator be involved with the issue to anticipate an appropriate approach to tackling transplant tourism. Requirements for such an approach include the definition of transplant tourism, prevention of this phenomenon, and its criminalization, while taking into account the characteristics of this phenomenon and its perpetrators.

Sometimes he commit all crimes, but he does not achieve the result again. If this failure to fail to achieve the result is due to a lack of subject matter or a failure to act as a means of committing a crime, it would be impossible to commit a crime. Regarding the method of this research, which is fundamental (descriptive-analytic), by referring to the principled books, we find that the Shichr('39')a principals in their writings discussed the topic of discontinuance in its own literature and literature. It seemed to me that discourse was deliberately dealt with in the formulation of a procedural principle , Expressing the possibility of the occurrence of a result outside the field, which can undoubtedly only be compatible with the crime.However, the legislator, in the wording of article 122 of the Islamic Penal Code, regards the punishment of perpetrators of a crime as imposing a distinction between legal and material grounds. This separation of legislatures seems consistent and consistent with the correct view of some of the principals such as Sheikh Ansari (RA) In connection with the absence of eagles and punishments

The doctrine of “Joint Criminal Enterprise” is considered as a controversial form of criminal responsibility in international criminal law. This doctrine has been formed and developed in the light of the case law of the International Criminal Tribunal for the former Yugoslavia (ICTY) and has frequently been emphasized by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). On the other hand, in the Iranian criminal law, “Leadership of Criminal Group” is one of the innovations of Islamic Penal Code approved in 2013 reflected in its Article 130. In this article, the most important similarities and differences between these two legal institutions – the former being derived from international criminal law and the latter based on the Iranian criminal law - are discussed, and certain suggestions have been given to improve the Iranian law in this regard. Keywords: Joint Criminal Enterprise, Criminal Group, Leadership, Co-perpetration, Aiding and Abetting.

In the United States, multiple-offenses are dealt with as a single offense, and in immaterial plurality offenses, state attorneys will have the power to request that the court issue an aggravated offense. Differently, one-sided or two-sided will intensify the punishment to different degrees. In Iran, crimes are aggravated according to their punishment and frequency of repetition. The findings of this study show; Although the multiplicity of crimes in both systems aggravates the punishment, the method of aggravation of punishment in these two countries is different because in the United States the principle is the simultaneous execution of punishments and in cases where the court follows the sequence of punishments, the balance between crime and situation must be Consider the culprit as well as the sum of the punishments, but in Iranian law the procedure of the legislature varies according to the type of punishment.

More behaviors are entering criminal responsibility by approval the law on new offenses. In some forms of criminalization and penalization, the use of various types of criminal referral techniques in identifying the crime, determining punishment, and defining the label and title of criminal, citizens and activists of the judicial system are referred to multiple criminal or non-judicial texts. Awareness to people about how to behave and coexist peacefully are legislative goals that will be undermined by the use of criminal labelling without observing the rules, principles and requirements of the legislation. The fair labeling principle is one of the fundamental principles of criminal intervention, which should always be considered by legislators in the process of constitution in order to determine the title and description of the legislator, in order to transferring the functions of the criminal label and the message of the criminal policy makers in a proportionate and realistic way to contacts. In the present study, in addition to the review of criminal referral conceptual scope as one of the most widely used methods in the process of legislation, this technique is evaluated and analyzed in the light of the fair labeling principle.

This study aims to identify and prioritize the most serious crimes committed by mentally retarded people, causes and factors to prevent the commission of a crime from the perspective of police officers, lawyers and judges are doing... -member , which included set high standards seventh. Results of this study showed that Lowest and the most frequent crimes committed by mentally retarded people were killed and damage to property, the most important factors influencing their low average IQ delinquency and abuse by other perpetrators and the most important factors in the prevention of delinquency mentally retarded people, by the people through education and awareness Culturing them is correct. Since individuals with mental retardation, a series of social problems, economic, cultural and educational have to educate people on to support their rights and education & training of police officers, lawyers and judges necessary condition for justice it is.

Please cite this article as: Dehdarzadeh F, Mir Mohammad Sadeghi H, Ashuri M, Mahdavi Sabet MA. Mentally Retarded Persons Offences; Causes of Crime and Prevention from the Perspective of Police Officers, Lawyers and Judges. Iran J Med Law 2019; 13(49): 149-165.

According to reports from international institutions and organizations, including Human Rights Watch, High Commissioner for Human Rights and Amnesty International, Myanmar Muslims, and in particular the ethnic and religious minority of Rohingya Muslims, have been pursuing discriminatory policies and the criminal acts of the Myanmar government and its Buddhist residents since decades. Meanwhile, the recent human tragedy and the terrible crimes committed against the Rohingya Muslims, which have been accompanied by the government of Myanmar and the military regime of the country, have more and more been faced with the response of the international community. Given the correspondence of these crimes with actus reus and mens rea of the crime of genocide and crimes against humanity, prosecution of those perpetrators at both national and international levels is debatable. At the national level, the Myanmar Courts, based on two principles of territorial jurisdiction and nationality jurisdiction and third countries courts based on the universality principle (Subject to the identification of such a principle in their internal laws) may interfere. More importantly, the mechanisms available at the international level include the referral of the status to the International Criminal Court or the formation of the Particular International Criminal Court by the United Nations Security Council. In addition, there is also an intermediary mechanism, which is a hybrid or internationalized court that can be formed on the basis of an agreement between the Government of Myanmar and the Security Council. In this paper, the pros and cons of each of these courts is reviewed in order to handling of recent crimes committed in Myanmar.

Organ transplantation in Iran like many other countries is accepted as the last therapeutic method for patients with end-stage organ failure. Sources of transplantable organs include living and deceased/brain dead donors, among which a considerable number of organs for transplant are obtained from living donors. Removal of organs from deceased and brain dead donors for transplantation is allowed by "Transplantation of organs of dead or brain dead patients" Act (2000); however, as for removal of organs from living donors, no explicit regulations for prescribing this behavior have been passed, and the former regulation concerning implied prescription of this behavior (article 42(3) of General Penal Act- 1973) has explicitly been abolished. Therefore, considering the fact that there is no difference between the behavior "removal of organs of living donors" and physical element of crimes, and that victim’s consent and perpetrator’s motivation have no effect on the nature of criminal behavior, this behavior is initially regarded as crime and the likely legal acts for justifying it will be articles of 158 and 152 of Islamic Penal Act (2013). Upon reflecting on article 158, it becomes evident that removal of organs from living donors for transplantation is outside the regulations inclusion of this article. Although the mentioned behavior has been within article 152 inclusion by interpreting this article based on objective observations and has caused acquittal of the culprit, referring to this act to justify the mentioned behavior, on the one hand, faces some obstacles, and on the other hand, has unacceptable results and many unfavorable consequences that demands that the legislator enter this subject and determine its sentence together with defining a coherent legal system for organ transplant. Please cite this article as: Mirmohammad Sadeghi H, Sabouripour M, Khosravi A. Criminal Challenges of Removal of Organs from Living Donors for Transplantation. Iran J Med Law 2019; 13(48): 7-29.

The key issues surrounding hybrid courts are the reasons and the legal bases of their establishment. The reasons for the establishment of hybrid courts are debatable on both national and international levels.From the national perspective,it can be due to reasons such as the inability or unwillingness of the local legal system to deal effectively and fairly with international crimes,the immunity of the heads of state in national courts,the increase of differences and political tensions in the event of the intervention of the local judicial system and existence of legal barriers for international crimes have been addressed by national courts.From an international perspective, constraints on the jurisdiction of the ICC and the unwillingness of the SC to establish a dedicated international criminal tribunal are among the most important reasons for the establishment of hybrid courts.In terms of legal bases, these courts are divided into several categories.Some of them are established on the basis of a treaty between the relevant state and the UN or other international and regional institutions.Some others are freely formed by the UN and without a treaty.In some cases,the establishment of these types of courts is based on the national law of the State where crime is committed.

When someone assaults another, although the primary aim of the perpetrator is causing a kind of physical or psychic harm on the victim, but in some cases, assailant also showed victim a kind of hatred, and in fact, the assault is committed with an evil motive, such as racial motives. Moreover, sometimes, perpetrator uses a weapon for committing assault. In English law, showing aforementioned motives or the use of weapon by the assailant is considered as a higher culpability, and as a result, more punishment is imposed on them, while, in Iranian law, committing assault with evil motives or by weapon is not basically considered, or has a limited scope of influence on the amount of applicable punishment. Therefore, the present paper seeks to clarify this legal gap more than ever and suggests some strategies such as general or specific aggravating factors.

one of the most important issues surrounding courts, which are established as a result of the international community's participation with the legal and judicial system of country where the international crimes are committed and in order to be more effective against impunity of international offenders, is their relationship and co-existence with the International Criminal Court, on the one hand, and the national courts of the countries where crimes are committed. Undoubtedly, the systematic co-existence of these institutions and their mutual influence on each other leads to the development of the local and international judicial system. In this co-existence, the hybrid mechanism of criminal procedure can be achieved by removing the gaps in international and domestic criminal justice, not as an alternative, but as an appropriate complement to the International Criminal Court and national courts to countering impunity for international crimes and serious human rights violations. uch a mechanism moves towards balancing the two fundamental principles of international law: the international commitment to ending the impunity of international crime and the need to respect the sovereignty of states.

According to accepted principles of criminal law, whether in written Civil Law system or common law System, the mere existence of material and mental elements of a crime is not suffice, but their coincidence is also required. Only when they coincide in time, it may be said that the crime has occurred and criminal responsibility is completed. Many discussions have been put-forward in legal writings about the principles of coincidence between material and mental elements of a crime as well as challenges that this principle can create in criminal justice system. It is tried in this research to first, explicate the meaning of the principle and the challenges that its conventional understanding can create and following which the problem of not coinciding is also explorated. Then, different approaches to explain these problems are critically reviewed. Finally, in the conclusion a chart is proposed which shows various forms of relative coincidence between mental and material element of a crime.

Various property offenses include intervening in people’s financial rights and interests; so it is always necessary to determine whether the people have such rights and interests in connection with those properties or not. The response will be found in the area of the role of established concepts of civil law, such as rules of property, contract or sub-contract law. So, on the whole, in relation to this matter that whether civil law issues are able to have any role in explanation of property offences, three main opinions (theories) have been provided; According to the first, in determining the financial crimes like theft (larceny or robbery), judges are inevitable to use such established concepts as they are well known in civil law. The second opinion believes that judges use the well-known concepts of civil law in criminal law and property offenses, by creating new definition and interpretation of them. And according to third opinion, judges and jury, not on the basis of established concepts of civil law as they are defined by its own rules and not pursuant to their new definition and interpretation of these concepts, but on the basis of an “independent and common sense” have answered this question and determined the limits and range of property offences.

Paper signing is the key to authentication in traditional banking; this traditional form of signature has changed in new banking (e-banking and virtual banking) and become a simple and secure electronic signature. All services provided in modern banking require the issuance of electronic signatures from users, the context and structure of the new signatures is such that it distinguishes the types of crimes from traditional signature. Therefore, this article intends to adapt the technical structure of electronic signature with the definitions given in the e-commerce law via field and library studies, So based on this description, compare the con-computer forging and unauthorized access in traditional and modern banking, obviously, this review can be a prelude to the undeclared technical areas of e-banking identified and in this way consider the appropriate conditional and technical preventive measures in the modern banking.

There are A group of criminals that do not enjoy the full development of mind. This group are called mental retardation that are in low social intelligence and ability. Mentally retarded offenders for their inability to think and reason, often do not have the necessary conditions for criminal responsibility. So it is not fair that judicial system treat them as normal and ordinary criminals. In the UK, many people with mental retardation in the event of a crime are subjected to diversion or to punish as non-convicted detainees; But in Iran these people have faced with a higher risk of judicial errors and many of them are not identified and discovered in the time of entering the criminal justice system. In this study, we first discussed about the requirement for criminal responsibility. Comparing mental retardation people with children and mental illness, then we evaluate their criminal responsibility in the legal system of Iran and England.