علی ایزدیار

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.

One of the most important and controversial issues in medical law is “Physician Assisted Suicide” that during the recent decades، it has been a challenging issue among the jurists، criminologists، doctors and even the patients themselves، as a part of the vulnerable population of society. This subject has had its own supporters and opponents. Core of these disputes is the “Right to Die” for the patients. From the perspective of criminal law doctrines، there is a significant difference between the Euthanasia and the above mentioned subject، from the view of doctor’s direct or indirect participation in the patient’s death; which means that doctor is involved in euthanasia directly and provides assistance in the physician assisted suicide. In other words، in direct participation، “doctor” does the actus reus of murder، but in indirect participation، she only helps the “patient” to kill himself. In criminal policy of Iran، suicide is not permissible under the influence of religious and juridical doctrines، but has not been criminalized، and therefore it concluded that assistance in suicide should not be considered criminal. Nevertheless، the legislator of Iran has criminalized aiding and facilitating suicide through the computer systems، telecommunication systems or data carriers، as an independent crime. This article has criticized and analyzed the foundations of criminalization of this issue، as well as، the methods of penal reaction of Iranian legal system toward this problem; and finally has proposed that criminalization of “Physician Assisted Suicide” as an independent crime in order to respect human life and prevent deviant act of suicide.

Abstract One of the most important and controversial issues in medical law is “Physician Assisted Suicide” that during the recent decades, it has been a challenging issue among the jurists, criminologists, doctors and even the patients themselves, as a part of the vulnerable population of society. This subject has had its own supporters and opponents. Core of these disputes is the “Right to Die” for the patients. From the perspective of criminal law doctrines, there is a significant difference between the Euthanasia and the above mentioned subject, from the view of doctor’s direct or indirect participation in the patient’s death; which means that doctor is involved in euthanasia directly and provides assistance in the physician assisted suicide. In other words, in direct participation, “doctor” does the actus reus of murder, but in indirect participation, she only helps the “patient” to kill himself. In criminal policy of Iran, suicide is not permissible under the influence of religious and juridical doctrines, but has not been criminalized, and therefore it concluded that assistance in suicide should not be considered criminal. Nevertheless, the legislator of Iran has criminalized aiding and facilitating suicide through the computer systems, telecommunication systems or data carriers, as an independent crime. This article has criticized and analyzed the foundations of criminalization of this issue, as well as, the methods of penal reaction of Iranian legal system toward this problem; and finally has proposed that criminalization of “Physician Assisted Suicide” as an independent crime in order to respect human life and prevent deviant act of suicide.

The passive personality principle is one of the most controversial governing principles to determine criminal principles in the international criminal law. This principle has constantly had supporters and opponents and it has been accepted as a general principle in the article 8 of Islamic new penal code (codified 1390) for the first time in Iran law. It is undoubtedly counted one of the inventions of this new law. Previously the approach of Iran law (near to one century of the legislation) has totally not accepted this principle except in some cases. This note attempts to criticize and examine the reasons of supporters and opponents, mean time; determining the concept and provisions of applying this principle. Moreover, the approach of Iran law has been studied before and after new Islamic penal code and at last determined the provisions and realm of applying of article 8Passive Personality Principle with a Focus on Islamic New Penal Code of Iran Hossein Mir Muhammad Sadeghi (Professor at Shahid Beheshti University) Ali Izadyar (An M.A student of Criminal Law and Criminology)The passive personality principle is one of the most controversial governing principles to determine criminal principles in the international criminal law. This principle has constantly had supporters and opponents and it has been accepted as a general principle in the article 8 of Islamic new penal code (codified 1390) for the first time in Iran law. It is undoubtedly counted one of the inventions of this new law. Previously the approach of Iran law (near to one century of the legislation) has totally not accepted this principle except in some cases. This note attempts to criticize and examine the reasons of supporters and opponents, mean time; determining the concept and provisions of applying this principle. Moreover, the approach of Iran law has been studied before and after new Islamic penal code and at last determined the provisions and realm of applying of article 8.