atefeh lorkojuri

Judicial and subjective ignorance are considered as the key concepts in the field of criminal responsibility in the Islamic legal system. Ignorance of a ruling means ignorance of a person's Shariah or legal ruling of his action, which is divided into two categories: negligent ignorance and culpable ignorance. Culpable ignorance that is caused by failure to learn science and knowledge does not eliminate criminal responsibility, but culpable ignorance that is not based on negligence and inattention can eliminate criminal responsibility. This is known as forced error. On the other hand, ignorance of the subject means ignorance of the characteristics and features of the subject of the crime or not understanding the nature and truth of the act that a person commits. In intentional crimes, if a person commits a crime by mistake, such as a mistake in the identity of the victim, his criminal responsibility is dismissed. But in non-intentional crimes, the mere mistake in the nature of the act generally does not remove the criminal responsibility, except in cases where the law has made an exception. Therefore, the main difference between judicial and objective ignorance is that in judicial ignorance, a person does not have the knowledge of the sanctity and the legal prohibition of the action, while in the subject ignorance, the person is unaware of the nature and truth of the action he is doing. This substantive difference will have different effects on the individual's criminal responsibility, which is emphasized in this article.

Supporting the victim and compensating for the damages caused to him is one of the important issues of criminal law, which has become increasingly important and has an impact on the realization of criminal justice. Based on this, the purpose of this article is to examine the question of what is the service delivery and compensation of victims from government channels and special institutions? This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings indicate that providing services and compensating for the victim's losses, at first glance, only appears in the concept of financial payments, while the dimensions of compensation go beyond mere financial payments. In Iranian law, there is no clear legal rule regarding compensation from the government or other institutions. On the other hand, after the crime, the victim should not be left alone because it will cause many harms to him and the society. In Iran, the cases of compensation for damages and providing services to the victim are limited to unknown conditions, such as the victim's innocence or non-injury, or the compensation of damages by the sane or only in the case of murder, and there is a vague mechanism regarding these conditions that the legal form It is not specific. The brief provisions in Iran's laws are mostly supportive and rarely have the color of compensation and providing services in a way that reduces the suffering of the victims.

The present analysis examines in detail one of the most influential institutions in the process of rehabilitation of people accused of crime. By identifying the weak points in imprisonment policies, which was initially considered as a therapeutic approach and scientifically considered superior to other solutions, lawyers moved towards creating measures and institutions whose main goal is to retrain and rehabilitate people accused of It is a crime.

Ethical considerations: 

This article has been written considering ethical considerations such as honesty, trustworthiness in text analysis and citation.

The institution of suspension of execution of punishment is proposed as a tool to individualize the punishment and reform the accused. Therefore, it is critical for the court to pay attention to the aspects of the accused's personality and the effect of the punishment on him. In this regard, the type of crime should not play an effective role in the decision making of the investigators. For example, the accused may be accidentally involved in the crime of forgery or embezzlement, but his risks are less than the accused of a simple crime. Therefore, exemption from some punishments and non-suspension of some of them can be justified. In addition, some legal provisions have established heavy penalties that prohibit the suspension of their execution. However, the reason for choosing these punishments in Article 47 of the Islamic Penal Code of 2013 is not based on a precise and clear analysis, and perhaps because of the dangerousness of these crimes and the destructive effects they have on the society, this decision was made. Considering that the basic priority of the criminal justice system is to prevent the occurrence of crime or reduce it, in the era of new governments, against minor crimes that do not have a significant impact on the society, and also in times when the execution of punishment is not necessary and the possibility of reforming the offender from There is another way of giving opportunities, they remove repressive criminal policy from their programs and look for solutions focusing on flexibility and flexibility in criminal actions. Deferred sentencing is an institution that was created in the framework of criminal policy based on leniency, compromise, and more protection for non-dangerous criminals. This institution has friendly aspects that if the court uses it in a proper way, it can bring about the correction of the criminal.

Inmates are often vulnerable and exposed to various health problems. Public health and the commitment of society to social justice are two compelling reasons for the provision of health care in prisons. Guaranteeing the right of inmates to health depends on the interdisciplinary cooperation between criminal justice and health systems. The necessity of this interaction vests a key role in nurses in preserving optimal health in penal institutions. Considering the medical, social, and forensic dimensions of patients, nurses can play an effective role in establishing health justice and better welfare for inmates, their families, and society as a whole, while mitigating the adverse physical and psychological outcomes of confinement. The main question that this study aims to address is as follows: what are the role and position of forensic nurses in penal institutions? The research hypothesis is that the position of forensic nursing in Iran’s criminal justice system is structurally and institutionally different from those in Canada and the US. Hence, this study aims to explain the role and position of forensic nurses in the penal institutions of Canada and the US. For this purpose, a descriptive-analytical method was employed. According to the results, guaranteeing the right of inmates to health necessitates adopting novel solutions and attracting interdisciplinary cooperation. By engaging forensic nurses in penal institutions, Canada and the US have greatly succeeded in eliminating the shortcomings in this field. Therefore, it is suggested that Iranian authorities follow in the footsteps of the countries that have already taken this path and found promising solutions to deal with this problem and benefit from the capacity of nurses.

The importance of sports and physical exercise is obvious to all. Hence, the related studies even in other sciences are of great importance. In this paper considering the development of sports and physical training and their importance in today's societies, we are going to study the criminal responsibility in high - risk sports from the point of view of Islamic jurisprudence and legal terms. The main point of this study deals with elimination of liability conditions and criminal responsibilities in these sports; indeed with this discussion the issue in low-risk sports will resolve too. We should notice that the discussion of responsibility and liability of sports mishaps is in its infancy because sports laws are developing their initial stages and have not yet reached their status in countries' legislation. Therefore, the development of juridical and religious discussions can have an influential role in the development of sport-law domains and their freedom.

The violence is alarming, but the nursing-related issue is that each of these crimes requires at least one victim in need of care. Nurses can influence the outcome of forensic investigations and the health of victims by to identify, confirm and prove the truth. Therefore, their role in health and criminal justice systems should be examined.

The research method in this research is descriptive-analytical and the information is collected in a library by referring to books and articles.

In all stages of writing the present study, while respecting the authenticity of sources and information, honesty and trustworthiness have been observed.

The consequences of violence have challenged two systems of health and justice and the gap between the two systems, which stems from law enforcement officials and health system staff being unaware of each other's professional principles and interfering with judicial and health care processes, in some cases, leads to the loss of the rights of patients who need these services at the same time. Therefore, solving this problem requires a joint effort between the two systems.

To co-operate between the two systems, forensic nursing was formed in the context of a common concern for the situation of crime victims, defendants and their families with a combination of forensic science, health care and criminal justice. In our country, there is an increasing need to provide forensic nursing services, so it is desirable to follow the example of leading countries in this field. It seems that the legislators 'care in defining the status of forensic nurses, encouraging judges to use of nurses' abilities and the attention of educational policy makers to plane the field of forensic nursing is essential and can pave the way for providing valuable services in achieving justice.Please cite this article as:Sedghi Sabet M, Mahmoudi AR, Lorkojori A, Dehghanzadeh SH. A Look at Forensic Nursing and its Role in the Health System and the Criminal Justice System. Medical Law Journal. 2022; 16(57): e46.

The aim of this study was to investigate the challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments in Iran as a library study with a descriptive-analytical method. Community-based punishments are punishments that are applied and executed in line with participatory criminal policy in the context of society, not in government institutions and institutions such as prisons and similar institutions. With the increase in the criminal population of prisons and the inefficiency of imprisonment, many efforts have been made in the form of various policies, which can be considered the emergence of community-based punishments as the most obvious of these efforts, which was approved by the Islamic Penal Code on 1/2/2013. Findings. The findings of the study show that community-based punishments face challenges in practice. These challenges are: ; Conflict of the obligation to obtain the consent of the convict and trial in absentia as provided in Article 406 of the Code of Criminal Procedure with Articles 65, 66 and 68 of the Islamic Penal Code; The possibility of issuing two types of public service punishments, the note of Article 64 and Note 3 of Article 84 of the Islamic Penal Code are in conflict with paragraph "d" of Article 23 of the Islamic Penal Code and the specification of Note 2 of this article. Lack of proper structure for coordination between the judiciary and the receiving institutions; And legislative challenges following sentencing 2. Cultural barriers, including: traditionalist judges; The punitive attitudes of the masses; Cultural delay; Lack of adequate manpower. 3. Political barriers that include: ideology and political culture and strictly unscientific criminal policy. Overall Conclusion Research findings show that the implementation of community-based punishments faces three legal, cultural and political challenges. are

Insight and expression of the framework in the Islamic penal system is the formation of the healthy life based on creating a healthy living environment and preventing the occurrence of crime, so that human beings, in order to become familiar with their individual and social duties: refrain from any deviation. There is a worldly punishment (hudud and punishments). In this article, the role of time end place in the punishments is more noticeable, so that in the main criterion of the punishments, which is less than the hudud. Depending on the requirements, deviation from it can be seen in some cases for special reasons. Time and place play a decisive role in enforcing the hudud, so in the event of a conflict of interest in enforcing the hudud or, more importantly, the limit may be temporarily shut down or enforced to another degree. It is a place in enforcing the hudud and approach of the Islamic penal code in suspending and changing it, findings show that the conversion of prescribed and non-prescribed religious punishments with other conventional punishments by reformist methods is possible in terms of rules and structures within the religion and from a perspective appropriate to the requirements of the time is a historical necessity.

With the outbreak of coronary heart disease and then its epidemic crisis, news about this viral disease became the headlines of the world media and became an important topic of the day. Until the 21st century, when a wave of diseases with similar characteristics, such as "SARS", "swine flu" and "Morse" spread to parts of the world, there was no understanding of such issues. International law, as the governing law of the international community, has the task of establishing rules for the regulation of cross-border relations between political units, but the old definitions of this branch of law had lost their comprehensiveness due to the expansion of the scope of subjects and their subjects. In the new works of international law, criteria have been proposed for the appointment of new obligors, but so far no criteria have been stated for its emerging subjects; This is the subject of our discussion in this study because it seems that the corona virus reaching the pandemic stage has made this possible. Basically, this incident showed us that we need to set rules beyond the sovereignty of countries that in cases like this, are considered mandatory not only for countries, but for all actors on the international stage; As we have seen in the treatment of issues such as "human rights" and "environmental rights".