رضا رحیمیان

The approach based on the constitutionalization of criminal institutions is one of the most effective strategies for organizing the discourses aimed at safeguarding fundamental rights and freedoms of citizens against the state power. Aiming at alleviating the damage caused by unnecessary imprisonment and systematizing the Iranian judicial procedures in selection of this punishment necessitates finding a solution in this regard in legislative and judicial criminal policy-making levels. Doing so, constitutionalization of adopting the "minimum legal punishment of imprisonment" and recognizing this approach as a "legal principle" is one of the strategies that can play a pivotal role in realization of the foregoing goals. In this article, through relying on the principle of criminal minimalism, the way of applying this principle in the selection of imprisonment in Iranian and French legal systems as well as Islamic jurisprudence is studied comparatively.

The new criminal laws that have been brought to the Islamic Penal Code by comparative and criminological studies are promising a new discipline in Iran's legislative and judicial criminal policy. Undoubtedly, the adherence of the judicial authority to each of the systems and practices of choosing the type and amount of punishment will have a fundamental impact on the criminal justice system and achieve its stated goals. The lack of comprehensive guidelines for determining punishment in the Criminal Code has led to the formation of non-consistent procedures in Iran's criminal tribunals, which not only resulted in the maximum and unjustified use of penalties such as imprisonment, but, depending on the kind of persuasive or exaggerated judgment, the issuing judge , Has led to the "happening of justice", while the type of crime and its effects are the same and the same. Hence, the principled and scientific procedure for the issuing of criminal sentences requires, on the one hand, comprehensive and precise review of the courts of appeals against the judgments of the first courts. On the other hand, at the level of legislative criminal law, the legislator should be in a set Use legal materials to determine the principles of the Code of Conduct for Determining Penalties to prevent unequal treatment in judicial procedures.

awmakers today accepted the mechanism of justifying the sentence, which means requiring the judge to justify and explain his choice when issuing a prison sentence, in order to ensure that the criminal court judge does not issue the arbitrary prison sentence. According to this approach, the judge can only issue a suspended prison sentence as a last choice, in which case he must justify the necessity of the non-suspended sentence in the light of the severity of the offense and the characteristics of the offender, and also in the case that the other sentence implementation assurances appear to be clearly inappropriate. However, if a prison sentence is issued, it should be determined how to implement it as an open prison within the framework of one of the appropriate facilities, such as a semi-liberty system or the implementation of the sentence under the supervision of electronic systems. If such measures cannot be implemented, justification should be given to provide the possibility of exercising control over the higher courts.Although the various provisions of the Code of Criminal Procedure have previously provided the justification of the sentence, the justification of a non-suspended prison sentence, which raises a degree of mistrust towards the judge who issued the sentence, is innovative and new and goes beyond the concept established by the Lawmakers in the Code of Criminal Procedure. The above-mentioned requirement to justify prison sentences on the one hand can prevent the issuing of a non-suspended prison sentence and, on the other hand, can lead to the changing of the execution place of an open prison sentence, using institutions such as the semi-liberty system.

Total Hip Arthroplasty (THA) is one of the most successful orthopedic surgeries, which is advised by the specialist in cases which osteoarthritis worsens in the hip joint. In the long run, functionality of THA may be subject to problems such as wear, loosening, and displacement. Structural and mechanical mismatches of artificial joint with the patient's natural joint after THA leads to the changes stress distribution pattern on the bones in a way that the majority of the load is on the artificial joint and a small percentage is implemented on the patient’s bone; in the long run, it reduces bone density and leads to loosening and displacement. One of the most important factors determining the stress distribution in the bone and prosthesis is the acetabularcup inclination in the acetabulum socket. In this study, a 24-year-old patient, who had been injured in the hip joint, is studied and the effect of the inclination angle on stress distribution in the acetabulum and acetabularcup is assessed. First, a 3D model of the patient’s bone is obtained, using CT-scan imaging and its mechanical properties are found. Gait analysis is carried out on the patient and the movement pattern and muscle forces in a gait cycle are found, using OpenSim software. The hip prosthesis is designed and the mechanical analysis of the joint is carried out, using ABAQUS finite element software, and the appropriate inclination angle for the acetabularcup for this patient is derived. The results show that the acetabularcup implantation in 45 degrees of inclination leads to better prosthesis functionality and a longer life.

By enforcing the Islamic Penal Code in 1392 ¡ the judges and lawyers with the different kinds of practical and theoretical challenges Including how determine and enforce different interpretations of legal provisions relating followed. in construing the legislations about actual multiplicity by the change the criteria of sentencing The quantity (number of) criminal behavior committed, which faced the accused rights with wastage in judicial practice and procedure. The legislator should note the Sections exactly, which in it’s result, the sentencing process would be more accurate. It is tried in this article, while explaining the concept of the most severe punishment, to explain how to determine the exact number of materialistic and execution of punishment in case of offenses committed and investigated the possibility of using judges from the institutions such as discount legal useful Suspension of penalty, delayed sentences and ... in case of plurality of crimes, under conditions acceptable to be supported.