فهرست مطالب abdoreza asghari

Justice literally means the administration of justice. In the legal term, justice is an institution that includes all organizations related to handling people's complaints and grievances. This is why the Constitution of the Islamic Republic of Iran, in Article 159, introduces the judiciary as the official authority for grievances and complaints. One of the important issues in the realization of justice is how the employees of this institution deal with clients. People who have many problems and sometimes come with inappropriate mental and financial conditions. The purpose of this study was to present a model of honoring the client in Isfahan justice. In order to achieve this goal, a qualitative methodology based on the data theory method was used, including three stages of open, axial and selective coding, using the systematic approach of Strauss and Corbin. In this regard, 33 in-depth and semi-structured interviews were conducted using theoretical sampling and then the snowball technique with staff and clients of Isfahan Justice. In order to assess the validity, the conducted interviews were evaluated several times and then the interview interpretations of the five interviewees were returned to them, which was approved. Also, in the final stages, a general summary of the face pattern. Were presented to several professors of management, culture and psychology separately, and their opinions were obtained for correction and adjustment, and finally the model designed by several professors and interviewees was seen and corrected. It was done on it. The main phenomenon of the research was called "honoring the client". Causal conditions include good manners, organizational structure and staff characteristics, intervening conditions including speed in the process and honoring employees. Optimal referral management, education and culture, and outcomes including social peace, social trust, and advancement were achieved

A cheque or a chek is one of trading documents that for its specific position it has found a special position in the commerce of Iran. The special position establishes the best opportunity for becoming a victim or an offender and consequently it has resulted the increase in the rates of the offences related to cheques, therefore; the legislature has changed the legislative approaches to cheques for controlling the rate of offences many times. With the enactment of the amendments on the Cheque’s Issuance Law its last update entered in the business, executive and juridical field of Iran. In this note with the analysis of 1397 amendments on the Cheque’s Issuance Law the author have found that without establishing change in the criminal posteriori reactions or without considering the functional application of the social prevention approaches the legislature generally with the application of the criminological and victimology teachings with a preventive look based on the rational choice theories and daily activities to apply situational prevention techniques approaches has taken step to restrict the opportunities (occasions) of the commitment of a penalty for dishonored cheques and offenses related to cheques. Accordingly, the legislature approaches have been formed in two dimensions: the digital technological situational crime prevention and non-digital technological situational crime prevention. According to the announced figures in the website of The Central Bank of Iran (CBI) in 1400 the preventive approach in the amendments has created positive effects on crime prevention of the dishonored cheque’s issuance.

One of the main issues in the waqf contract is the subject of the founder’s conditions and how to implement them within the waqf contract. According to the principle of Party autonomy, the primary principle in waqf is that the founder (waqif) inserts every clause (which is not in opposition to waqf) within the waqf contract. One of clauses that are doubt about their validity and annulment (voidance) is the provision to pay off the debts and expenses of the founder of waqf from the profits of the Waqf Asset. In reality the question is this if it is possible a person establishes the waqf of properties and meanwhile stipulating within the waqf contract that the expenses and debts of him are paid off from the profits of the waqf asset. There are different opinions among the Islamic jurists and law scholars. Some of the Islamic jurists and law scholars believe that it is impossible for the founder of waqf to profit from his waqf and they say in this case both waqf contract and clause are void but some others believe that the waqf contract is valid but the clause is void. With applying the analytic-descriptive method and utilizing the library method, it is drawn conclusion from the paper that both waqf and clause is valid and there is no difference between waqf created for public and waqf created for special purpose and even it seems that the profits of founder from his waqf has no disagreement with the concept of habs (Arabic: حبس literally means to prevent, restrain) of the property and applying its profits to others which has been presented in Islamic texts and it can be said it is permissible (legal) by Islamic law. Because such provision is not in opposition to the nature of the contract and more over this act is in harmony with the soul of waqf and the holy Islamic law giver’s taste because constantly He emphasizes on the growth and facility (ease) of waqf. From the other side with accepting and validity of such provision, the founders with worry about their future life can establish the waqf of some of their properties and meanwhile not being worry about the expenses of their future life and their families and also their debts.

Conspiracy in Egyptian Legislation is divided in two parts; General conspiracy and particular. Legislator of Iran in article 610 and 611, in the law of ta,zir, Have talked specially about conspiracy. In the first one has Generalized Criminalization of conspiracy into all offence against Internal and external security and in the second one has depend it into prepare of executive acts and Failure because of a cause outside the will. Unlike the Iranian legislator that has taken all conspiracy with any degree as a crime in Egyptian Legislation it embrace just Offenses and crimes. Also in particular conspiracy the Crimes are separated exactly and can't be leaded to Muharebe while in Iran's law it can be result in Muharebe in conspiracy against security and in other crimes its retribution hasn’t any fitting whit offences against security. This article, that come to end whit Analytical and comparative method, has considered The law of Iran and Egypt and Legal doctrine and Expressed Difference and similarity and pay attention to distinctions between them and recommended Iranian legislator to added some acts and promote law.

Aid and Abet in an Offense is to help someone, the principal or main perpetrator(s) of the crime - who have been directly involved in material element of the crime - as referred to in the law. To fulfill Aid and Abet, it is necessary to determine the conditions in the law. Aid and Abet is not an independent crime and borrows its status as a crime from the original crime. Therefore, the role of accessory perpetrator in committing a crime is ancillary, because such perpetrator has no intrusive mass in the material element. In this regard, pursuant to Iran Penal Code and jurisprudence, the punishment of accessory perpetrator is milder than principal perpetrator. However, in penal codes of some countries, such as Afghanistan, Egypt, France, United Kingdom, United States, and ... the punishment of accessory and principal is identical. This research looks at the basis of such difference of opinion, and see which one is closer to criminal justice and jurisprudence.