مقالات رزومه دکتر فیروز محمودی جانکی

Throughout history, punishments have undergone significant changes as a result of being a social institution and phenomenon, with the types and severity of punishments being influenced by historical and social developments. When discussing the evolution of punishments in European legal literature and related works, the focus is typically on the progression and alterations in legal punishments, often referred to as "state punishments" today. However, the nature of punishments in Iran has been distinct, especially prior to the establishment of a codified law that would allow for the examination of the evolution of state punishments. This period marked a notable and substantial transformation in Iran's criminal history when punishment became legally institutionalized in the Constitution, followed by the introduction of the Customary Penal Code of 1295. Despite efforts by thinkers and officials, such as Amir Kabir and Mirzā Hossein Khān-e Sepahsālār, to reform the penal system, including punishments, progress was slow prior to the rise of constitutionalism and public concerns about the legalization of punishments. It was the shift in cultural values, whether through the emergence of new values or the reordering of existing cultural values that ultimately paved the way for the legalization of punishments. Therefore, it is important to explore how cultural values justified the irregularity of punishments during this period and examine how changes in these cultural values led to the systematization and codification of the punishment system. This research posits that the prominent issue in this era is the changing cultural values, particularly the growing societal insistence on law enforcement, which can be seen as the primary catalyst for the legalization of punishments.

Criminal justice systems frequently demonstrate inefficiencies and a resistance to reform, largely influenced by their deep integration with religious and cultural values, as well as security concerns and a reliance on the principle of territorial jurisdiction. Contrarily, global discourse on criminal law stresses the importance of the rule of law, human rights, and addressing transnational crimes such as money laundering and terrorism, advocating for the modernization and standardization of criminal justice systems. This discourse promotes 'legal transplantation', a concept used metaphorically to describe the rapid and straightforward transfer of legal institutions and norms as a tool for initiating legal reforms across diverse criminal justice systems. This article examines the implementation of legal transplantation in non-Western countries, where differences in legal traditions, ideological conflicts, and diverse state values often provoke governmental resistance and may alter the imported institution's role within the host legal system. Employing a comparative analytical method and extensive library research, this study delves into various narratives of legal transplantation, assessing its practical benefits and underlying motivations. By proposing intertextual metrics, the article evaluates the success or failure of transferring and exchanging legal institutions, aiming to adjudicate the effectiveness of these reforms.

Intervention in the foreign exchange market, like any other economic issue, has always been a question whether the government has the right or can intervene in this field, and basically how can the criminal intervention of the legislator in currency smuggling be analyzed based on the principle of harm? The current article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings indicate that the current criminal law has criminalized currency smuggling with the broad definition of it in the law and beyond an economic issue, it has also looked at it from a political and security point of view to the extent that such a crime is It has considered a condition of disruption in the economic system and has predicted the punishment of muharibeh for its perpetrators. Current criminal interventions in this field are only based on the principle of harm to prevent harm to others, both society and individuals, subject to conditions and justified in some cases. Because, from the point of view of Iran's policymakers and legislators, currency smuggling in the conditions of economic instability implies damage to the economy and individuals. From a critical point of view, this type of interventions, by ignoring the state's crime aspect which is derived from unjustified policies, programs and laws, focused only on the criminalization of individuals' behavior and the role of policies and decision-making institutions was ignored.

In democratic policymaking, the demands of citizens in Criminal Normalization are taken into consideration. The legitimacy of criminal measures is achieved through the identification of citizens and the protection of their freedoms. In a democratic system, citizens have the most democratic participation in the Criminal process. In this research, this question is answered in a descriptive-analytical way through library information in the light of the three principles of representation, citizenship rights, and limitation of power. What is the position of citizens' demands for a fair criminal policy that is maximally acceptable and to what extent should the will of the general public be taken into account? The result of the present study is that the principles of democracy in any society, in terms of the degree to which it is conceptualized, affect the type and manner of criminal policies. Democracy by providing citizens' satisfaction and providing democratic participation while influencing criminalization can provide the basis for a fair criminal response in society. Paying attention to the will of citizens in democratic policy-making causes criminal responses to be redefined in the light of the concepts of civil rights, and criminalization and Sentencing to be carried out following the culture and civilization of society. the findings in this study are positive this fact, That the coercive result of establishing the concepts of democracy in societies is not necessarily the establishment of humane criminal responses, and in some cases, policymakers deviate from democratic concepts to establish strict responses

The moral concept of criminal responsibility, which is one of the basic achievements of criminal law, has changed again with the advent of the industrial revolution in the Western world, including the United Kingdom, and the emergence of new crimes resulting from industrial and machine life. Part of the material element was not recognized as a condition for fulfilling the criminal responsibility of the accused. This new approach, known as absolute criminal liability, was initially applied to disciplinary offenses with light and financial penalties and had the aspect of compensation. After several decades, more serious crimes in the field of health, production, distribution and consumption of food and beverages, customs affairs and even the seizure of drugs and narcotics and psychedelics in this country were affected and many votes were issued based on this doctrine. However, such an approach, which was not to the taste of criminal law from the beginning, was not in line with the characteristics of the Iranian penal system and the criminal laws and regulations governing our country's drug crimes, which have full severity and strictness, as well as lack of clear text. And the evidence that the legislature intends to criminalize such behavior based on the doctrine of absolute responsibility, can not be considered drug crimes in Iran in this category of crimes.

AbstractThe concept of "right" has always been discussable and controversial during the time. Therefore the nature and existence of the "right not to be punished" are often discussed as challengeable issues among philosophers. The discussion has become more serious between proponents and opponents of the aforementioned right especially in the last few decades. Through a descriptive-analytical method (library study), this article, while studying the nature of the right not to be punished, from the perspective of both natural and positivist (positive) approaches, examines the existence or non-existence of this right in the perspective of its proponents and opponents. Our research found that the “right not to be punished” is as the type of “conditional negative claim-right” that the proponents of natural rights, justifies its existence. while positivists do not believe such a right. Even they are talking about “the right to be punished” and the government,s duty to punish criminals. of course, the number of philosophers who agree with the “right not to be punished” and the reasons for their justification is less than the number of philosophers who oppose it; But these same justifiable reasons (the proponents) are more in line with the approach of natural law, moral theories of punishment, human dignity and the principle of criminal law as last and least resort. Generally, “the right not to be punished” does not mean never to be punished, but to impose a corrective, dignified, minimal and, necessary punishment on the offender.

The principle of equity is one of the important issues in jurisprudence and law, and its various aspects have always been the subject of debate. The present paper is descriptive-analytical, and the mentioned question is investigated using the Library research method. The findings of the paper indicate that equity is widely used in jurisprudence in the form of the principle of justice, and the principle of equity can be inferred in jurisprudence rules such as La-Zarar and Principle of Equality. In criminal law, the principle of equity is not used as a legal principle. Nevertheless, it has contributed in fair proceedings and has been at the center of the attention of the legislature in issuing decisions in cases such as reductions in discretionary crimes. The Principle of Equity has not been reflected in criminal law to its fullest potential, therefore, it is necessary to present it as an effective rule so that jurists and judges can evaluate the regulations of criminal law by such rule, and put aside whatever they find contrary to justice and equity, in an attempt to issue a decision which is appropriate for justice and equity.

In the contemporary world, despite the development of human rights principles and the efforts of international institutions and organizations to protect individuals from immoral and inhumane behavior in the process of arrest and detention, we are witnessing human rights violations, ie torture by government officials who are arrested with dignity and dignity. There are two basic questions. One: Can the scientific process of crime detection and investigation, taking into account other aspects such as the competence of interrogators and the use of appropriate day-to-day equipment, be effective in eliminating or reducing torture? Two: Is it? Adoption of criminal policy in the field of legislation and implementation in accordance with international documents is effective in eliminating or reducing this criminal phenomenon? The research method is based on the study of domestic and international documents and the impact of service experiences in law enforcement. In general Success in adopting a criminal policy of preventing and combating crime Torture can be considered as having four main components.1- Scientific process of crime detection2-Competence of interrogators3-Establishment of judicial oversight and health institution4-Eliminating ambiguities and shortcomings in domestic law and aligning with international law and documents, then changing the structure of the police and the judiciary and changing the legislator's attitude towards the phenomenon of the crime of torture can eliminate or reduce the crime of torture in the investigation process

"A Theory of Justice" is a project in the Kantian school by John Rawls, the twentieth-century philosopher. The "Veil of Ignorance" is one of the prominent notions of his theory of justice, which is born in another abstract concept as the "Original Position". Rawls seeks to establish fairness or impartiality in the laws and administration of society by using such a tool. The present article has tried descriptively and analytically to emphasize the capacity of applying the theory of veil of ignorance in criminal law by applying this doctrine. Finally, the writing of this article demonstrates that an applied approach to Rawls' explanatory model can lead to a better understanding of the legal principles and rules of a legal system (descriptively), and to the extent that the theory is immune from subjectivity, it may criticize criminal justice and its rules.

It is desirable to apply only legal norms based on the administration of justice, but in special circumstances that originate from surroundings or personal circumstances, the administration of justice can lead to rigid and unconvincing consequences for individual and social conscience. In such cases, applying the rule of fairness, especially in the form of corrective fairness, can soften the administration of justice. Accordingly, the present study seeks to discuss the ethical justification for using the rule of fairness in criminal convictions.

The present study is theoretical and the study method is descriptive-analytical. The method of conducting research is library, which is based on documentary and library sources to review the subject, focusing on legal and jurisprudential sources. Ethical Considerations: In carrying out the various stages of the present study, ethical and scientific principles, including citing scientific sources and fiduciary, have been observed.

In some criminal offenses, which also carry criminal convictions, although these punishments are considered fair by law, they may not be very acceptable in terms of public conscience or the intentions of the convicts. Understanding the circumstances of criminal acts, distinguishing between intentional or inadvertent criminal acts, paying attention to the public conscience in accepting or not accepting convictions, are among the cases that raise the principle of fairness as a support for the realization of justice.

The rule of justice seeks to reconcile criminal convictions with human and public conscience and to distinguish between crimes by understanding the circumstances and contexts of the crime. In addition, the results of fairness are the promotion of forgiveness, devotion and understanding between the litigants, the provision of conditions for participation between the prevailing party and losing party, as well as creating a flexible environment for a fairer judgment in criminal matters. Therefore, the central point of the rule of fairness in criminal convictions is to respect the rights of individuals, the public interest and to prevent the violation of individual rights.

The Islamists following the Arab uprisings achieved legislative power., As a result, incompatibility between Islamic law and modern law actually become much more apparent. First, Islamist tend to Islamization of criminal law but then it seems that they have changed their scheme. Now, our question is, how and why have the positions and approaches of these movements and parties as political actors have changed, especially in the legislation of issues related to criminal law?The scope of this paper is limited to moderate Islamists, which participates in politics through a party and electoral competitions. The paper tries to find an answer to the above question by focusing on Tunisia, as a case study.Islamists were faced with difficult choices between the norms of human rights and sharia law, and so the issues have become more controversial. The crimes of apostasy and blasphemy which violate freedom of opinion and expression, as well as various issues of women's rights such as sexual crimes and polygamy, are among their major challenges.The Elnahda has eventually abandoned any attempt to Islamize criminal law. This change can be justified by the fact that, first, the party has adapted to the requirements of democracy. Second, the party, like any other political party, has changed its approach to secure its interests, that is, its presence in power.

Violation of natural resources is a general concept that leads to irreparable damage every year. The aim of this study was to identify the most important causes and factors of crimes against forest and aggressive seizure of natural resources and change their use in Kohgiluyeh and Boyer-Ahmad provinces and how to criminalize deforestation and seizure of natural resources in Iranian criminal law.

The necessary resources for the present study were collected by referring to library resources and interviewing natural resources experts and judges of the judiciary. The required information was collected in the form of files from books, specialized journals, indexes of journals and scientific-specialized articles. Interviews with experts, officers of the Conservation Unit and legal experts of the General Department of Natural Resources and Watershed Management of Kohgiluyeh and Boyer-Ahmad Provinces and judges of the Court of First Instance and Appeal, lawyers and official experts of the province were among the other elements of data collection.

It seems that cultural and economic poverty, low punishment of criminals, population growth, lack of agricultural land, poor management and lack of specialized and committed forces in natural resources departments, as well as inadequate facilities and budget of natural resources departments against the extent of natural resources , are among the most important factors contributing to the destruction of natural resources in the province, which must be eliminated to prevent this destruction and occupation.

Informing and cultivating information about the importance of forests and natural resources, updating and integrating laws related to natural resources and forests, increasing the punishment for these crimes, removing the management of natural resources departments from agricultural jihad and making it independent in terms of administrative structure and further monitoring of government performance is one of the results of the present study.

The principles and rules of fair trial as a part of procedural law and human rights established for protecting and guaranteeing the substantive rights that are recognized in the international and national laws and documents. This law so called fair proceeding principles is rooted in human dignity and should be protected by the governments. Administrating the justice, the aim of each proceeding, isn't possible without establishing a fair trial in which rights and freedom of accused person and other people involved in proceeding process are respected. Fulfilling the right of questioning of the judicial system from the person based on the presumption of knowing him “moral agent” causes him to be summoned for criminal investigation. This summons requires that the criminal charge be explained to him in a detail and clear, unambiguous and comprehensible language, and not that the charge be stated and that the criminal title and the relevant article be only read to him. Relying on the defenses of the suspect or accused and assessing their credibility and value depends on the fact that he has a good understanding of what he is accused of. In order to prevent the nature of the summons or detention from changing into an illegal and unjustified act, the charge must be clearly and completely arraigned to him as soon as possible, by stating the reason for his summons or arrest, and his judicial rights must be reminded to him. In the meantime, if the accused is not aware of the language of the summoning authorities, he has the right to use a free interpreter to defend himself in all respects. Fulfilling arraignment and its elements and characteristics on the presumption of knowing the suspect or accused “moral agent” and also on the principle of innocence, as well as the important effects and consequences of guaranteeing this right in order to achieve a fair trial, has caused international human beings, both general and specific, as well as in domestic laws of countries to be specified and emphasized and their implementation to be ensured by the judicial systems of governments. This article examines the arraignment in the judicial proceeding of the European Court of Human Rights by comparing it with its place in Iranian criminal procedure. The main question of this study is “how was guaranteed the right of arraignment as one of the essential rights of defendant by European Court of Human Rights and Criminal Procedure Act of Iran? The European Convention on Human Rights, as a continental treaty, recognizes arraignment as one of the most important principles of criminal procedure and has obliged member governments to fully implement it. The European Court of Human Rights, as the judicial body of this convention, in its procedure, has acted with great obsession on the most detailed rights of litigants, especially arraigning the accused, and has precise and thought-provoking rulings, as far as it can be claimed that all conceivable rights for litigants in the litigation process, is carefully and strictly considered by the Court. In this regard, the full attention of the court to the principle of arraigning the accused in its judicial procedures, including attention to the concept and nature of the arraignment, its promptness and completeness, as well as attention to the accused in terms of familiarity with the language of the accusation and consequently getting a free translator familiar with legal issues to inform arraign who are unfamiliar with the language of the accusation in charge, has resulted in a fair trial, especially from the outset, to be under the strict control of a district judicial body whose order are of high executive guarantee. The court, with full seriousness in this case, has tried to guarantee this important principle of the trial as much as possible so that the most important right of the accused is not violated. On the other hand, in the Iranian criminal law system, the Code of Criminal Procedure, in order to protect the defense rights of the accused, has identified, emphasized and guaranteed the principles of the trial, including the arraignment. However, this right has not been fully identified and defined in such a way that the detailed accusation has been replaced by explicit arraignment and the right to have a “free” translator has not been provided for the accused. Having a translator free of charge is a guarantee for a fuller arraignment, not merely identifying the right to have a translator. An accused who is unable to pay for the translator may be practically deprived of this right. It seems that the drafters of this Act did not pay enough attention to the close connection between the right to have a translator and the right to be arraigned, otherwise all the stages of the investigation, including the investigation of the officers and the prosecutor’s office and the court, would not be neglected. Paying attention to the procedures of international criminal institutions, including the above-mentioned Court, and in particular the principles on the basis of which the Court obliges member states to compensate damages to defendants or convicts and considers the actions of those countries in violation of the Convention to understand the importance of this right in all procedures are required. It seems that in addition to reforming criminal laws and regulations, basic education of these important rights and also further guaranteeing this right during the trial, including through, can be very effective in eliminating the shortcomings in Iranian criminal law.

Gender transcends the attributes that are attributed to women and men in the process of sociability of men and women, and, in contrast to the gender, they have a biological and social origin. The gender role of women has been the subject of transitional change throughout history, and as a result, in traditional societies, the status of women has changed. Women as a second sex tend to have stereotypes that are inappropriately proportioned to them and do not weaken their position in the continuum. These stereotypes do not fit well in the popular comics of men and women, and portray women as poor sexes. It is clear that this pervasive perception of women with violence against them is related to stereotypes of sexual harassment and abuse of women in particular. Sexual assault stereotypes are societal messages that tell women about their predetermined sexual orientation about sexual assault, and about the rape, sexual assault, and rape outcomes. In the end, they are silenced by the transgressor.

Abstract The mental disposition of individualism and natural law advocates is the main trough of the “right not to be punished”. This right is an innovative and great disputable issue among the law philosophers of criminal. Multidimensionality and ambiguity of “right” and “punishment” have caused a wider area of aforementioned challenge. This article presents the meaning of the “right to not be punished” besides some investigations of its main philosophical and criminological foundations through descriptive-analytic method. Our research found that the “right not to be punished” is as the type of “conditional negative claim-right” and included in natural and fundamental rights of a person. Human dignity, harm and offense principles are philosophical foundations of the right not to be punished. Strain, radical (critical) and Labelling theories are among criminological foundations that form this right; they make its philosophical basis more understandable and acceptable by referring to other researches in social sciences. It is obvious that paying attention to the concept and foundations of the aforesaid right results in reasonable saving on both of criminalization and sentencing in criminal law.

Judicial sentencing is one of the most important steps in the criminal process.The variety of factors, individuals, institutions and the sentencer’s wide-ranging latitude make it necessary to structure the domain of judicial sentencing. Sentencing guidelines are one of the strategies for structuring this process within the framework of the determinate sentencing model. Sentencing guidelines are the criteria that are applied in order to create rational sentencing procedures, as well as to make the judicial discretion consistent and structured. Depending on the audience, the obligatory force, and the sentencer’s range of latitude, these guidelines are divided into parole, voluntary, and mandatory sentencing guidelines.Furthermore, we can distinguish between grid-based guidelines and non-grid based ones, depending on the adopted sentencing methods. In recent years, as a result of the widespread use of the guidelines in different systems, we are faced with the independent guideline-based sentencing model. Researches point to an increase in consistency, coherence, and predictability in guideline-based sentencing.The sentencing system in the domain of Ta’ziarat conforms with a determinate model.Nevertheless, the sentencing is faced with various challenges due to the application of indeterminate sentencing institutes and the wide-ranging latitude of the judges, and the lack of a legal mechanism and structure-giving framework bring about unpredictability and scattering sentences.This paper will study different sentencing guidelines and, by showing both the necessity of structuring the sentencing process in the domain of Ta’zirat and the legal and structural lacuna in this domain, proposes the application and implementation of some sentencing guidelines with a narrative structure.

The state’s authority to use the criminal law is originally based on the political theory which legitimates the state. Therefore, it is necessary to understand the kind of political philosophy and political thought of a state for establishing a theory of criminal law.In Muslim-majority countries, the criminal law faced chronic problems in several aspects due to the emergence of thoughts on constitutionalism. The political theory of the “Constitutional state” supported by Naini is an effort which includes both modern state and Sharia requirements. The article generalizes the basis of political legitimacy to the criminal law theory and examines how adjustable the criminal law created by such a political theory is. The criminal law adopted by this theory induces a deep paradoxical dualism and conflicts which could not be solved in the constitutional period in Iran. These conflicts yet remain unresolved and it is vital to address this critical challenge.

One form of violence found in the educational institutions is the one directed at student by their teachers. Finding the extent to which such violence is widespread, this study investigates the different categories and the related causes of such violence. It is hypothesized that there is a correlation between teacher violence at school and job satisfaction, their tolerance, teaching skills, and legitimacy of violence in teacher's views. The sample population in this study consists of male and female first grade high school teachers in Marvdasht in 2013-2014, out of whom a hundred were randomly chosen. The criterion for categorization of teacher's violence is student's judgments. Out of a total of 858 questionnaires distributed, 431 were answered by boys and 427 by girls. The instruments were job satisfaction questionnaire, J.D.I, tolerance questionnaire, C.P.I, and other questionnaires related to teacher's beliefs in the legitimacy of violence and teaching skills. The result shows that there is a significant relationship between the degree of violence shown by teachers and their job satisfaction, tolerance and teaching skills with a correlation coefficient of (-0.01) on the other hand, the correlation between the degree of the violence and the legitimacy of violence in teacher's views and the degree of violence shown by them is positive with a correlation coefficient of (0.01).

Criminalization theory originally supports restriction of criminal law’s border. The question which has been risen is whether the construction of existing theories is about the interests and goals or rights? Examination of German doctrines “Legal Interests” which are goal-oriented and the comparison of it with current theory in the English-American philosophy ­– i.e. harm principle that inherently is behavior-oriented – clearly shows that: although this principle provides that the only or the most pivotal criteria for the criminal intervention of state is to prevent from harming others, German doctrines justify such an intervention on the basis of goals and protectable legal interests; since such theory has been based on violation of “right”. Even though, during the course of evolution, the concept of “Gut” has been gradually replaced by violation of interest in the German theory, understanding the legal interest under the circumstance of contradiction and opposition is truly based on the concept and theory of right. On the other hand, although the harm principle is originally based on the concept of harm, its foundation on the “interest” – albeit in the context of utilitarianism– drew it close to the German doctrines. However, growth of German theory in the context of philosophy of “right” provided a considerable distinction from measurement of interests inspired by utilitarianism in harm principle.

Crime location selection is important in criminology for enabling the prediction of criminal behavior. One of the key questions in this regard is if the criminals commit crimes near their residence. According to the rational choice theory, routine activity, and crime pattern it seems that the answer is affirmative. To examine this hypothesis, the present study has investigated the robbery (especial instances of it)as the most common crimes in the community. The statistical population of this study consists of house robbery, store robbery, car stealing, and mugger which are committed in Tehran in 2011. Among them, the sample was selected using random sampling method. The obtained data were analyzed using between-subject analysis ofone-way ANOVA and theoretical distribution, and the hypotheses were examined. The results indicate that robbery is decreased when it is far from the residence. Also, on secondary research hypothesis about the age and method of crime, it was made clear that there is a direct relationship between the age and traveleddistance by the criminals in a way that at a younger age the distance was less recorded and as the age increased, the distance was increased. The results also indicated that in the case of crime method, the thefts that are perpetrated on a mass basis occur in closer distance with criminals’ residence.