فهرست مطالب کاظم کوهی اصفهانی

Transferring crime control policy is defined as a process in which knowledge and information about ideas, ideologies, judicial practices, and crime control policies are transported from one jurisdiction to another. This term, which has been recently considered by some criminologists in the early twenty-first century, came from ‘policy transfer’ literature in comparative political science. Today, the study of the transfer process has become critical, since the transfer of policies between countries and the importation of ideas from abroad are on the rise. The legal system of Iran has used transitional crime control policies in its criminal justice system to resolve legal and criminal problems, so it needs to be familiar with this important and influential matter. It can be very effective in ensuring the success of transitional policies. It can be very effective in ensuring the success of imported Iranian crime control policies. This article has four sections. In the first section, the conceptual framework of policy transfer is explained. Then, the types of transfer (voluntary transfer and coercive transfer) will be reviewed in the field of criminal policy with concrete examples. And finally, in the last section, we illustrate a wide range of transmission, involving both voluntary and coercive elements of transfer.

Article 71 of the Constitution of the Islamic Republic of Iran, in direction of empowers legislation to the Parliament, allows to this institution in "public affairs" and "the limits considering to the Constitution" attempt to "legislate". Context and signified Article 71 in the light of details of the negotiations the Assembly of the Constitution clearly, implies on general and absolute competence Parliament in legislation with respect to all issues (political, social, cultural, economic, etc.) in condition of observance limits in Article 72 of the Constitution that details Explained.

As a crime against property, “Forcible Entry and Detainer” has been criminalized from the beginning of legislation in Iran, but its application has expanded day by day. At the moment, Article 690 of the Islamic Criminal Code is the main legal element of this crime. The lengthy and vagueness of this article has caused an enormous controversy among theorists as well as practitioners. Thereupon a comprehensive examination of the crime and article is necessary. After reassessing the elements of crime, the paper going through the history, bearing in mind the legislator’s object and attending the rhetoric of code, seeks for a deep explanation of the crime. some outcomes are; six categories of crimes mentioned in the article 690 has separated and compared, intention for crime is necessary, the ownership of applicant is irrelative, the crime can be committed by act and omission, a real property belonging to another person (broadly speaking of another) has to be occupied, all forms of the crime are continual.