مقالات رزومه حسین آقایی جنت مکان

The International Criminal Tribunal for Rwanda tried many civilians who played a significant role in the 1994 Rwandan massacre while the civilian superior responsibility was not prescribed in the tribunal's statute. The current study employs a descriptive-analytical approach to examine the Rwandan tribunal's approach to the challenge of applying the doctrine of commander's responsibility to civilians and how this approach has influenced the Rome Statute. The findings of this article show that international criminal tribunals have generally accepted that the commander responsibility doctrine can be applied to civilians. Furthermore, the judicial reasonings in the Yugoslavia and Rwanda tribunals have served as a foundation for the contents of Article 28 of the Statute of the International Criminal Court.

Justifying or not justifying killing in defense of property has always been a challenging issue for jurists Western jurists have studied such killing in the light of the principle of proportionalit. . That is,whether there is a balance and proportionality between defensive action - killing aggressor- and aggressive action - attacking property – or not. based on this principle, some believe that killing in defense of property is disproportionate, while others have suggested theories to justify these killings. In different legal systems, in this regard, criminal law and judicial procedure are sometimes different and sometimes similar. in Iranian law, without this issue being theorized, different views have been expressed. Legislation in this regard has also varied in different periods. In the meantime, Islamic jurisprudence by requiring of gradualing in defensive actions, has provided the best solution. Due to the many ambiguities in the concept of proportionality, the jurisprudential approach of gradualing in defensive actions has been incorporated into the Islamic Penal Code 1392, and the concept of proportionality is no longer mentioned. Thus, these killings are justified by compliance of gradually in defensive actions as well as compliance of the other requirements of Article 156 of the Islamic Penal Code.

Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and prevent the abuse of citizens' rights. The necessity and importance of the right to defense has led the advanced legal and judicial systems of the world to view it as an important element of a fair and just trial. Therefore, the presence of a defense attorney at the trial stage is one of the most important and basic rights of the accused, and with these characteristics, representation in criminal matters has a special importance and position.

The research method in this article is descriptive-analytical. This means that the necessary information has been collected using various sources such as libraries, articles, websites, etc. and has been analyzed using principles, legal and logical rules.

The results of the study indicate that in the Iranian legal system, defendants can use a lawyer during the trial, advice and timely defense, to exercise their rights. The lawyer almost has functions such as influencing the legislative and judicial policy of each country. However, the authors have examined the issue of advocacy in the Iranian criminal proceedings, which is based on a one-tier system of advocacy, namely defense counsel.

There are fundamental questions and obvious differences between the jurists regarding the guarantee or non-guarantee against the death of the convict and the additional punishment imposed on her during the issuance or execution of the sentence: Well-known jurists have considered the loss of one's blood to be based on the rule that "No Blood Money for the One Killed Due to Legal Punishment". Some jurists also citing some religious generalities, have believed to Lack of guarantees pent to Lack of extremes in Punishment and a few jurists, such as Sheikh Mufid, have distinguished between the rights of God and the rights of the people. This difference of opinion among scholars has also been transferred to the Islamic Penal Code, and there are contradictions in some legal articles that need to be examined. This article critiques each point of view in a descriptive-analytical way, along with their documentation and analysis of legal materials. The author's chosen opinion in substantiation of Guarantee for Punishment leading to the deprivation of life wherein permeate of wounds is not Arising from negligence. This claim is based on the priority of the evidence of the sanctity of the Muslim person's blood over other evidence, the generalities of the murder, and also agrees with the scholarly view of Khansari in one of her possibilities and It explicitly complies with Article 13 of the Islamic Penal Code and Note 185 of the Islamic Penal Code. According to the law, if deprive of life arising from Punishment is after warning of Judge enforcing the penalty, It removes the guarantee from him.

The relationship between law and economics is an old-fashioned one. During the second half of the twentieth century and with the emergence of a new idea in the philosophy of law under the theory of economic analysis of law, this relationship took another form. Economic analysis of law means the analysis of legal concepts and institutions based on the cost-benefit formula, i.e. applying theories of economics, especially efficiency, as the basis of legal rules in order to evaluate these rules and, if necessary, correct them.  This also means the evaluation of concepts, institutions, and legal institutions based on economic ideas, and especially microeconomics. Economic analysis examines the rights of legal issues with economic instruments, explaining that first legal concepts and institutions are translated into economic language and then concluded within the framework of economic logic. The present article intends to examine the two post-criminal trial institutions -  namely, the mitigation of a part of the convict's sentence (penalty) for refunding the appeal and revoking his right and exemption from paying part of the fine for paying it at the legal opportunity -  from an economic point of view. The purpose of measuring the effectiveness of these institutions relates to the functioning of the criminal justice system and to encouraging individuals and convicts to use this system. The present research uses a descriptive-analytical method based on documenting discourse and economic analysis of law.

One of the important issues in final verdicts is whether to calculate or not the duration of detentions prior to hearing for the convicted persons. There are three approaches to this issue across the world: the first, zero calculation; the second, mandatory calculation and the third, optional calculation. Iranian criminal acts, since the inception of the judiciary system, have been calculated in terms of mandatory approach (public penal acts 1304 and 1352). After the victory of the Islamic revolution of Iran, the optional perspective was adopted, but in recent years the mandatory approach appears to have been opted for. This has been due to human rights movements at a global level which have resulted into the adoption of such an approach in criminal courts. This paper intends to assess and measure the calculation of frequency prior to court rulings and elaborate on its merits and demerits

In the criminal proceedings, the preliminary investigative phase, considering the features and features of this phase, is of particular importance in the subsequent proceedings, in particular the rights of the accused, and the legal influence of the lawyer in guaranteeing and protecting these rights. The presence of a lawyer in the preliminary investigation phase provides both legal and ethical requirements, respecting the rights of individuals, and equipping them with the opportunity to defend and to exercise their rights. The Criminal Procedure Code adopted in 2013 has effective innovations on the right of the accused to have a lawyer in the preliminary investigation stage, and the presence of a lawyer in the supervised phase, unlimited attendance, the right to study and access to the case, and the need to appoint a lawyer. , From the point of view of guaranteed subject matter rights, and obtaining the latest defense of the lawyer, admonition of the lawyer to the interrogator, maintaining the dignity and dignity of the individual, and segregation from the prosecution to facilitate the intervention of the lawyer in the light of ethical requirements, including the most obvious signs of strengthening the intervention of the lawyer. is considered. In this article, about the right of the accused to have a lawyer during the preliminary investigation phase, with emphasis on the drafting of this law, its specific rules and provisions are analyzed and described.