فهرست مطالب abbas shiri varnamkhasti

Subsidiary punishment, based on the principle of the legality of punishments, is imposed on the perpetrator in addition to the main punishment, depending on the commission of the crime. Subsidiary (Consequential) punishment requires a provision in the law. In intentional murder, the perpetrator is deprived of inheriting property and Diye (blood money) and in quasi-intentional murders and sheer mistake, he is deprived of inheriting Diye. If there are justified reasons for the crime, such as legitimate defense and the law, this punishment will not be applied to the perpetrator. However, in the cases of factors that eliminate criminal liability, such as murder by a minor and an insanity, forced, murder in sleep, unconsciousness, and murder by mistake, the perpetrator is deprived of inheritance. The application of exclusion in inheritance is not limited to the heir, and the possibility of applying it to the testator, the heir, and the deputy in the case of murder needs to be investigated. Deprivation of inheritance in case of murder is a preventive measure against the occurrence of murder, so that people who commit murder with greed to reach the deceased’s estate, refrain from committing it.

In the analysis of rape, there are two different approaches: the first approach describes rape as "a crime motivated by the exercise of power and control over women under the influence of patriarchal social structures," and the other describes it as "a crime motivated by personal motivation to satisfying sexual needs". The latter approach has been shaped by the neglect of gender and social roles accepted by men and women as distinct social species; It is not surprising, then, that women's advocates emphasize the first view and view rape as a social phenomenon, not merely a biological one. This view, which seeks answers to why rape occurs in existing social and cultural factors, focuses part of rape research on rape myths. Rape myths, negative attitudes, and false beliefs about the crime of rape, rape victims, and perpetrators, all seek to justify rape and shift the burden of responsibility from the rapist to the victim. The present study, using analytical-descriptive method and gathering information required by the library method and reviewing rape cases, has attempted to enumerate these myths and explains how these beliefs and myths lead to the preservation of male domination and are influenced by values and The cultural norms that govern a society promote and perpetuate a culture of rape.

The process of criminal mediation is one of the important programs of restorative justice that has not received much attention from the financial and economic point of view. The present article seeks to examine the financial dimensions of criminal mediation in Iranian jurisprudence and law.

This is a leading descriptive-analytical article using a library method.

Criminal mediation has different dimensions from financial and economic point of view; First, it is one of the low-cost and fast methods of resolving disputes and conflicts. Second, mediation through de-judicialization and the reduction of court delays prevent the imposition of exorbitant court costs on the judiciary. On the other hand, mediation seeks to compensate the victim and restore his rights through the active participation of the offender through negotiation and peace.Ethical considerations: In different stages of writing the article, ethical and scientific principles have been observed, including the scientific and accurate use of scientific resources.

Mediation has an important place in both jurisprudence and criminal law. Referral to mediation is an action that is inspired by the teachings of restorative justice and in order to reconcile the parties and exclude only some less important cases from the judicial process, but it is necessary to expand the scope of those more important criminal cases.

Criminal Mediation in Iranian Law and Imamiyah JurisprudenceAbstractSince the formation of the public justice, the government as the institution responsive to the criminal acts has used formal authoritarian policies. But by the formation of civil society and its effects on criminal law and criminology, this approach has faced with philosophical post-modern criticisms regarding its costs and effectiveness. Meanwhile, realistic managing and economic attitude has resulted in returning to the informal solutions for the disputes while ignoring governing role of the governments and outsourcing some of the duties and authorities all of which characterized by dejudicialization.Adopted approach by the Code of Criminal Procedure 2014 can be considered as the starting point for it to be structured in Iranian criminal law which aside from legal common basics it has also jurisprudential bases.The present research analyzes informal solutions - criminal mediation, in particular - of law as a known and frequently used method and covers its weak points by providing justifications or logical basics. The results of the analyses showed that despite the application of these solutions regarding minor offences (offences of 6, 7, 8 degrees) there is a deep gap to consensual justice to be realized. Nevertheless, the examples of legal reforms are as the indications of policy making for the consensualization of legal procedure and recognition of the basics and logic of informal solutions for solving criminal disputes which can be a starting point for extending the mechanisms of dejudicialization to the offences of higher degrees or non-criminal offences.

The proportionality of penalties with the personality and characteristics of convicts is one of the basic principles of many criminal systems. Nowadays, the pay attention to this principle is important in criminal procedure rules. Considering this issue in preliminary investigations is very important in the rules of criminal procedure. Objectives such as summoning, catching, accusing, interrogating and issuing custodial sentences are important issues in the preliminary investigation phase. One of the groups that require a differential pre-trial in the research phase is the accused patients. The question that comes to mind is what the status of the patient's accused at the pre-trial stage is? Shall we consider a differential Criminal Procedure? Does the legislator already have a differential criminal policy in this regard? This research, evaluates the different aspects of the criminal procedure Act 2013, examines the capacity of the present law to apply a differential criminal policy. The Criminal Procedure Act 2013, in many cases, seeks to differentiate the status of patients in the research phase.This study suggests that, with respect to the accused patients and the requirements of the criminal procedure in the preparatory phase of research, legislator should strengthen the differentiation of the procedure based on criminological teachings concurrent to the dignity of the patients.

Criminal Investigation Rights focuses on laws and regulations to discuss crime detection, identification of the accused, proof of delinquency, identification of the victim and determination of material and moral damage to him. Criminal investigation processes begin with a victim's complaint, the announcement of official and informal officials, information by legal and natural persons, victim supporters, or the detection of a crime by the police.
The main challenge at this stage is the lack of complaints and the reporting of victim to the police and criminal justice institutions. Victimization examination and crime scene investigation are the main axis of the criminal investigation law. The testimony of intuition, testimonials, and expert reports are effective in discovering the truth and proving criminal misconduct, which is always part of the topic of criminal investigation rights. In the past, the law of criminal investigations focused on delinquent, victim studies have caused criminal investigations to pay attention to the role of the victim.