حمید دلیر

The guarantees of lawful evidence can be explained in two models: "methodical and consequential". In a method model, the mere illegality of obtaining evidence leads to a rejection of its positive value, even if the accused has committed a crime. In American law, which follows this model, the principle of obtaining evidence is referred to as the " exclusionary rule ". Actions of judicial officers such as entrapment and Formal transactions are remedies for criminal liability and the reasons learned in this way can not be cited. Declaring evidence in favor of the accused is known as the "Brady rule" and the accused has the right to object the reasons given for his arrest. Iranian criminal law follows the result model due to the lack of guarantees such as the " The rule of invalidity of reason"; Because in this model, the method of gathering the reasons is not the basis and focus point, but the overall effect of this method on the outcome of the trial is the criterion. Obtaining evidence illegally, although in some cases initially leads to their discrediting, but the same evidence in judicial practice is considered as presumption and one of the ways that judges gain knowledge to achieve outcome of the trial. One of the results of this model is central confession in the Iranian penal system, which has led to pay proper attention to the method of obtaining it, and the other is the lack of provision of appropriate and effective enforcement guarantees for evidence that violates the defense rights of defendant.

With the formation of human societies and governments, a series of behaviors under the influence of factors such as customs, religion, economic and social interactions with other societies, etc. were taken into consideration as dos and don'ts. These cases are classified at different levels according to the degree of importance in such a way that some of them will face punishment if they are found guilty. Regarding the principles governing the criminalization of behavior, some cases have been stated, among which are: 1) the principle of harm: The most important principle and basis that countries rely on to justify the criminalization of behavior is the principle of harm. This case has been supported by scholars such as John Stuart Mill, Hart and Parker. These people believe that due to the great importance of human freedom, restrictions and criminalization should be applied in a place where there is a specific harm or danger to the individual or the society. be, he has no responsibility towards society, the only thing that can allow the use of force against people against his will in a civilized society is that he wants to prevent harm to others. Guardianship or legal patriarchy: father Monarchy means acting for the good of others without their consent, as a father does for his children. That is, like a father, he supervises the actions of his children and avoids anything he deems harmful to them, even by force.

One of the basic problems and problems in the criminal justice system in Iran and other countries is the issue of delaying the proceedings. It is necessary to clarify the extent of its effect on criminal law by examining the issue of delay in proceedings. The purpose of this article is to investigate the causes of delay in criminal proceedings and provide solutions. The question of the article can be asked in this way: What are the causes of delay in criminal proceedings and what are the solutions to solve it? The upcoming article is descriptive and analytical, and the library method was used to examine the mentioned question. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. The findings indicate that a set of human, structural and legal factors cause the delay of criminal proceedings. The level of knowledge and expertise of judges, the low number of judges and numerous criminal titles, the role of justice officers, administrative staff, the multiplicity and ambiguity in laws and litigants are some of the most important reasons.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. At the same time, adopting the policy of decriminalization and crime prevention reduces the volume of cases and thus reduces the delay of proceedings. In addition, mandatory representation in criminal cases, more use of new technologies, provision of required expert human resources and the use of methods such as arbitration play an important role in reducing the delay of criminal proceedings.

The vast expanse of virtual space and the growing prosperity of businesses operating in this space, on the one hand, and the development and tendency of societies towards new ways of supplying goods in order to avoid wasting time, energy and costs, on the other hand, lead to a significant increase in the use of electronic facilities to meet needs and requirements. people and recently the spread of corona disease and covid 19 virus has also become the cause. Due to the increase of virtual businesses, there has been an increase in trade union violations of businesses operating in this space, and as a result, the demands of people and officials have also increased, especially in this critical period. The fight against trade union violations in the cyber space is an issue that has received the attention of the legislator in recent years due to the development of the e-commerce space. The method of collecting information in this research is the library method, which is provided in the form of text reading and scanning of original and first-hand data such as scientific books and scientific-research articles. The results of the research show that although the legislator has taken a special look at such activities in the law amending the trade union system law. But due to the vastness of this space in all dimensions, we are facing many shortcomings that we need to amend the regulations in this field.

Transparency of laws is under the principle of quality of law and is one of the types of transparency in the realm of criminal law. What we have dealt with in this article is the evaluation of Article 220 of the Islamic Penal Code adopted in 2013 in the light of the principle of transparency. The main question is what is the place of transparency in Iran's criminal legislation in terms of the passage of articles such as Article 220? It is assumed that transparency in the enactment of laws is not the concern of our country's legislature. Therefore, our criminal laws are full of vague and non-transparent laws, and this is due to the fact that the "principle of quality of law" is unknown. Passing a law in any capacity is not a legislative mission, but a legislative mission to make and pass laws based on the principles of legislation and legislation, one of the most important of which is the "principle of transparency." Today, the principle of legality alone can not be enough, but a law can restrict the freedom and preservation of social order that is set and enacted in a transparent and unambiguous manner. In this article, we have shown how Article 220 of the Islamic Penal Code is in conflict with the principle of transparency and its principles and the principle of quality of the law, and its revision is an inevitable necessity.

Geographical components play a significant and fundamental role in committing economic crimes, so that factors such as territorial and climatic conditions, climate change, etc. have been considered as one of the prominent factors in committing these crimes. Of course, the fact that these factors continuously play a role in committing these crimes is still not fully considered as a comprehensive and deterrent factor. This research, which has been done using a descriptive-analytical approach, seeks to answer the question: what is the role of geographical components in committing economic crimes according to the standards and standards of Iranian law, Imami jurisprudence and international documents? The result of the present study is that although geographical components such as the civilian population are important in committing some crimes such as international crimes as well as moharebeh and some examples of corruption on earth in jurisprudence and domestic and international law, but in The context of economic crimes Geographical components as independent factors have not been considered in domestic law documents, international law documents or Imami jurisprudence. However, this neglect has been alleviated to some extent, especially in the field of international documents, with the advent of interpretations on the material of these documents, and the role of geographical factors has become somewhat important.

The effect of transparency of laws and regulations in criminal legislation domain and its relation in respect of its role in good governance has not been dealt with in internal legal literature. This study aimed at investigating optimolog of this principle in criminal legislation domain in three levels (legislative authority, legislation process, and legislative data) and its relation with good governance summarily. This study is a descriptive-analytical one, it should be said that transparency does not have a long history, it has grown alongside growth of individuals’ political and social awareness. Based on findings of this study, in all three levels, concept of transparency has special importance that dealing with demonstrates the position of Iran criminal legislation in observing principles and fundamentals of law; existence of several legislative institutions, confidentiality’s dominance over transparency culture in legislation and indeterminate legal propositions process have made our country encounter serious challenges and problems to observe transparency principle, hence it has affected good governance that transparency is one of its requirements in all aspects and levels except security and military issues in case of having cases. Whilst concentration on of transparency in criminal legislation, we aimed at identifying the relation of this subject with good governance.

Self-defense is a defense that is often raised by defendants in a criminal trial who were involved in a fight with the victim that resulted in the victim’s serious injury or death. The law recognizes the right that someone has to protect his or her own person. but there is some situations which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct was justified One of these situations in self- defense is that the attacker has started his attack but yet Necessity condition has not existed and the defender has ability to retreat and escape. The key question is whether he has to retreat against the offensive attack or he can continue based on the right to defend himself? This article explores the doctrine of self-defence within the context of the challenges about duty to retreat. This principle requires that someone who found themselves in a violent confrontation had to try to defuse the situation and retreat. In fact the general principle behind the duty to retreat laws is that the use of force - lethal or otherwise - is not justified until a person has made a reasonable effort to avoid confrontation, either by de-escalation or an attempt to leave the area where the threat is occurring. common law in the recent centuries based on the lesser evil and more benefit as a society theory, would require the defender to retreat, since escape is a way to realize the survival of the attacker (more benefit) and reduce the probability of crime (less evil). Failure to do so, despite the achievement of all other conditions of defense, causes  rejecting the defense principle. English common-law doctrine strictly limited the cases to which Stand Your Ground applied and earliest American self-defense doctrine imposed a general Duty of Retreat, but now also admitted exceptions such as "Castle Doctrine" it is named for the axiom that "a man's home is his castle. In the imamiyah jurisprudential texts, the issue of duty to retreat is stated after the defense principal and is only intended to emphasize the protection of the defender during his inability to attack the attacker. Therefore, if the conditions of defense are achieved, the principle of the defense is dominant, and his failure to escape has not a legal effect. German criminal law, based on the individualist theory of the rights to defense, rejects duty to retreat. this theory states that a person "who is attacked" anywhere he is lawfully present has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he believes it is necessary to do so to prevent death or great bodily harm. But based on the principle of the responsibility of the attacker in the private defense in German criminal law, in the defense against the invasion and children the defender has to retreat or it is considered as a duress defence. Therefore, the defender in these cases is required to retreat. Because he, in the absence of a retreat with the possibility of doing so, he himself is guilty of creating his own duress condition and this is a case of defying his defense.

Guilds play a role in the evolution of production and distribution in the field of the market, which can be called as a regulatory institution in the field of economic activities. But in the meantime, according to different adopted policies governments sometimes limit the scope of trade unions activities and interfering in their civil society, they put their free economic activities under supervision and control and sometimes they prevent themselves from interfering in policy making. They remove them in order to create a field of free economic activity for guilds. In the meantime, there is also a government that has chosen the middle way and organize the trading mechanism in partnership with the guilds. the method of collecting information in this research is the library method, which is provided in the form of text reading and scanning of original and first-hand data such as scientific books and scientific research articles. The result of this research show that although with a quick look at the trade union law we find the role of the government as a guide and mediator in the issues of the trade union but by examining the basic structure and its structures we realize that the role of the government is completely maximal and all policies and managements were either directly done by its or indirectly and under its supervision and approval.

Atomic Force microscope (AFM) is one of the powerful and useful tools in nanoscale science and technologies with applications from surface characterization in material science, to the study of living biological systems in their natural environment. AFM operate in three modes of contact, non-contact and tapping mode. In this paper, by focusing on the development of a more comprehensive model of an AFM micro-cantilever beam, considering the effects of mass and rotary inertia of the tip using Euler-Bernoulli beam theory is considered. The comparison of the present results and the results of other investigators, which has been done in case studies, generally shows a very good agreement. The results show that the effect of mass and rotary inertia of the tip depending on its dimensions is important and should be considered. Finally, the effects of cantilever inclination and tip height on the resonance frequencies are also examined.