فهرست مطالب dr. mehdi saboori pour

Political economic system needs to create capital in different fields to develop and promote globally. In recent decades, the emergence of abnormal phenomena related to the economic system, especially economic corruptions have made economic policies and policymaking confront serious challenges. These unpleasant effects include economic corruptions' victims' awareness and distrust against this system. An issue that prior to affect the real victims targets the economic system and reveals destruction causes of investment grounds and sustainable development. Thus, this article provides a general result of victimization and has a specific regard to Victimological approaches in economic corruptions to achieve deeper studies and practical approaches.

The role of laws in extracting and consuming all kinds of energy resources in all fields is undeniable. Undoubtedly, the development and the economic, political, social, environmental and technical future of any country and the world, in general, are completely dependent on the presence or absence of energy. The unplanned and maximum consumption of non-renewable resources, in order to extract energy, has made the security of mankind face new crises, which is referred to as "the common concern of humanity", and some people even consider the perpetrators of these behaviors as "enemies of mankind". Therefore, legislators and executive bodies should take advantage of all available potentials, both legal and criminal, to protect energy resources in line with international policies, so that according to the ideals of sustainable development as a common global goal, the current and future generations can have access to sustainable energy sources in a fair manner. Currently, the lack of technical and executive infrastructures and effective and efficient executive guarantees, and the non-commitment of the enforcers and trustees to the established laws, as well as the lack of executive guidelines and the weakness of regulatory bodies, have caused the laws enacted in the field of energy to be ineffective. It goes without saying that the multiplicity of laws does not necessarily guarantee the operationalization of energy programs and the achievement of sustainable development goals, and the legislator must consider the ability to implement the laws before enacting the laws.This article has studied the domestic and international legal literature by using the descriptive-analytical research method and based on the hypothesis that the domestic laws are not compatible with the needs of the country and the modern world views in issues related to energy and the ideals of sustainable development. Due to these weaknesses, energy conservation is faced with many shortcomings in domestic laws and executive policies. To answer this question, what actions should be taken to protect energy and the rights of future generations? Some international documents and conventions in the field of energy, some of which are joined by Iran, have been briefly discussed. The implementation of these commitments and goals at the domestic level, especially in the construction industry, depends on correcting the old and wrong traditional policies, revising the current laws or establishing new laws that are appropriate to the existing conditions. Using lessons learned from other developed countries will definitely be useful and efficient.Iran's general policies related to energy are divided into two main groups: oil and gas general policies and general policies of other energy sources. However, the current domestic policy is mainly focused on the use of fossil resources, and there is little executive support for the use of renewable resources or clean energy. Currently, in the field of domestic energy law, responsibilities are generally defined in the realm of legal and civil responsibilities, and there is no specific criminalization for energy protection at the national level. The few currently defined crimes in the field of energy are also related to issues related to vandalism or creating restrictions on access to energy and destroying the environment and important issues such as unprincipled exploitation, waste of energy and protection of energy resources do not have a place in criminal policies. However, the international community is trying to introduce behaviors that are based on excessive consumption of fossil resources, assaulting the environment and the rights of future generations as the fifth crime of transnational crimes, as an example of the crime of "ecocide". Also, by examining the efforts of the world community to achieve the goals of sustainable development, it is concluded that the world community is moving in the direction that we will probably see the recognition of the crime of ecocide in the near future to protect the environment and future generations at the international level. Therefore, it is necessary to foresee reasonable and implementable measures in accordance with the existing capacities by the domestic legislator to reduce the use of fossil resources that are harmful to the environment and human health. In this regard, the use of nuclear energy is an outdated global policy, and one should think about using solar, wind, sea and geothermal energy and other potentials in the country.

According to the article 25 of the Iranian Criminal Code which was ratified in 2013, the only criterion for determining of the accessory punishments has been encapsulated within the principle punishments of the committed crime. Regarding this fact that the individualization of punishments as a necessity in the criminal justice system, according to the absence of any Sharia obstacle, the fairness of engaging criminological and personal characteristics of the criminal in sentencing, considering the resocialization of the delinquent and the possibility of personality folder usage, it would be possible to use the abovementioned principle in the field of accessory punishments.Through an analytical-critical method, the current research aims at challenging the rules governing on this kind of punishments and has come to this end that within the Iranian law-making system, in most cases, the accessory punishments have not been prescribed in appropriate and practical scopes and reversely, they have been inflexibly predicted in cases which are not necessarily proportionate.

The vast expanse of virtual space and the growing prosperity of businesses operating in this space, on the one hand, and the development and tendency of societies towards new ways of supplying goods in order to avoid wasting time, energy and costs, on the other hand, lead to a significant increase in the use of electronic facilities to meet needs and requirements. people and recently the spread of corona disease and covid 19 virus has also become the cause. Due to the increase of virtual businesses, there has been an increase in trade union violations of businesses operating in this space, and as a result, the demands of people and officials have also increased, especially in this critical period. The fight against trade union violations in the cyber space is an issue that has received the attention of the legislator in recent years due to the development of the e-commerce space. The method of collecting information in this research is the library method, which is provided in the form of text reading and scanning of original and first-hand data such as scientific books and scientific-research articles. The results of the research show that although the legislator has taken a special look at such activities in the law amending the trade union system law. But due to the vastness of this space in all dimensions, we are facing many shortcomings that we need to amend the regulations in this field.

Mountain regions are environmentally valuable, as they are home to almost twenty percent of the world’s population and many species of animals and plants. Although there is not a special criminal law concerning the protection of mountains, one can find three international conventions about them. Various international instruments have emphasized their importance. Iran is also a mountainous country. As mountains cover more than half of its area, this fact makes the protection of mountain regions one of the necessities in Iranian criminal and environmental law. But, what are the challenges of Iranian laws in relation to the protection of the mountains? According to the findings of this research, done in descriptive-analytical method and based on documentary research, there is no specific protection for mountains in the Iranian legal system. However, there are three types of crimes against these regions in that system: damages to the mountain areas in environmentally protected lands, damages to the mountains with historical and cultural identity, and illegal converting of the mountainous fields. Iranian criminal law also faces some challenges in relation to the protection of mountains, including the ambiguity of the definition of the mountain, lack of detailed criminalization, lack of intrinsic appreciation, lack of criminal responsibility in mining activities, neglecting the geoparks and inattention to the special parts of the mountainous fields.

Article 143 of the Islamic Penal Code has anticipated criminal liability of legal persons. Since investigation of the crimes committed by these persons requires the existence of a criminal procedure relative to their nature, following the French law, the Code of Criminal Procedure has established rules by allocating a separate section. The specific provisions codified by the legislator in the Code of Criminal Procedure 22 mainly related to the investigative actions of the legal person accused, which seeks to adapt investigative actions to the nature of these persons. Therefore, anticipating the rules of summon, arraignment, criminal security orders, and so forth is considered a positive step in new legislation, and other cases, which have been not mentioned in the law, are included in the general rules that also apply to natural persons. These specific rules have their own drawbacks. For example, regarding the criminal security orders for legal persons, contrary to the French Code of Criminal Procedure, none of the orders has been established with the aim of compensating for victims. Therefore, this research attempted to criticize and analyze specific rules of the preliminary investigations of legal persons and provide appropriate solutions by raising the relevant ambiguities and objections.

In Iranian legislative systems, unlike other legal systems, the classification of murder is not recognized. Now the important question is, how can combine the "standard criterion" that is the criterion in "acting typically causing murder another" with the personal criterion based on "perpetrator awareness and attention"? The answer is that materially and externally, the perpetrator's action should not be based on a certain criterion, i.e, from the point of view of a "normal person", in most cases, it leads to the murder of another, and unintentional murder, but also from a psychological point of view, should be found that he was aware of this. In this article, while analyzing the concept of jurisprudential and classical premeditated murder, we examined its degrees according to the severity of criminal intent and concluded that the type of grading is both effective in the amount of punishment and it can be in accordance with the principles of criminal justice.

One of the public decency’ prejudicial crimes is procuration, creating many damages on the society. Avoiding from the risk of offenders of this crime, needs wide variety of appropriate criminal responses. This descriptive- analytical research Based on two different readings from the principle of narrow and broad Proportionality, the present study assesses the extent of the proportionality of procuration crime and its punishment. It come to the conclusion that the punishment of this crime isn’t proportionate with the crime and punish purposes, and therefore its revision is required. The main challenge in achieving this goal is that the legislator has listed procuration as hodod crimes. One way out of this challenge is for the legislator to admit ta'zirism by resorting to Juridical theory to agree it. Of course if the legislator don’t accept this theory, Judicial authority has to some extent this punishment by using the capacity of supplemental punishments. In addition, it is proposed that the legislator recognize changes in response to the tazir types of this crime, changes such as the anticipation of a fine in parallel to other penalties and the intensification of punishment for some aspects of this crime.

Today, environmental violent crimes have caused the contemporary world to face huge disasters. The purpose of environmental violent crimes is those aggressive behaviors that are punishable by criminal law. In addition to physical damage, aggression involves mental illness, as it is now evident in environmental crime. One of the requirements of the criminal law of the environment is that penalties must be such that they are appropriate and efficient. The guarantee of proper and efficient implementation is that it can be deterred. The theory of deterrence is one of the most important and most influential theories related to the justification of punishment. The basic premise of deterrence is that humankind is a wise and thoughtful entity, and therefore examines the cost-benefit of its actions. According to the theory of deterrence, certainty, severity of punishment, and the speed of its implementation can prevent the perpetration of crimes by potential offenders, leading them to non-committing a crime. In this paper, the analytical-descriptive method has tried to analyze the conflicting effects of inhibition in the field of law and justice and to provide practical suggestions.

Covid 19 which is a member of the big family of corona viruses, has caused a widespread lock down of businesses and blockage of human activities which is unprecedented and even world wars were not able to do so. Despite the infection of more than four million people around the world and hundreds of thousands of deaths following this worldwide pandemic, there were also some positive effects for this disease in different areas such as decline in the consumption of energy, greenhouse gases and environmental damages and pollution around the world. Although there were negative effects for covid 19 like the increase of food consumption during quarantines caused by it and increase of water consumption because of hygienic purposes. Besides these consequences, there is a question about the criminal aspects of covid 19. In this respects we can mention three different topics in relation to Iranian criminal and environmental law, including the crimes related to special medical waste, transfering the virus to the animals and threatening the public hygiene.

In the new criminal justice systems, three legal models can be identified in relation with right to access to counsel: "the counsel guarantee model", "the counsel restriction model", and "the mixed model." In the first case, the right to access to counsel is considered as one of the standards of fair trial, and appropriate policies are adopted to “guarantee” it. In the second model, criminal policymakers create countless constraints on having access to counsel. In the mixed model, besides guaranteeing maximum access to the counsel, they also restrict it as necessary. The present study, which examined the restricting policies of access to counsel in the legal system of Iran, concluded that the Iranian criminal justice system adopted the mixed model and accepted some guaranteeing policies, but in this legal system, at least eight types of restricting policies are anticipated, most of which are incompatible with the international standards of "fair advocacy" and the thirty-fifth article of the Constitutional Act..

Terrorism is an offensive action which violates human rights and always invades to people’s rights. Given the high incidence of this type of global action and the widespread violations of human rights and peace and security, countering terrorism will be important. The existence of financial resources is an essential element of terrorism and Preemptive measures and their success in blocking financial aids to terrorists shows the importance of monetary resources in funding and managing terrorist groups. Financing is a necessary prelude for terrorism and without necessary funds the terrorist groups are not capable of executing their illegitimate ends. The importance of this component is such that the terrorist groups carry out numerous legal and illegal activities in line with the funding they need. Given the fundamentals of the role of financial resources in the occurrence of terrorism, these resources play a decisive role in the fight against terrorism and by fixing preventive measures on this important pillar and by creating a barrier to the financing of the terrorists, an important issue is to prevent and reduce terrorism successfully. Therefore, preventive measures can be taken in the forms of banking and non-banking measures to counter the financing of terrorism and subsequent counteraction to terrorism.

Sentencing is an important phase of criminal process in a scrutinized and purposeful criminal justice and one of the controversial objects in this respect is the optimal level of judicial discretion. By and large, there are two approaches at issue in this matter. First approach, broadly taken in Iranian criminal justice system, is giving the judges a wide discretion to weigh the circumstances of each case and choosing the best punishment for the perpetrator. This approach is based on the idea that the criminal judge has a great ability in knowing the characteristics of the crime and the offender and in identifying the best reaction toward her. So, he must have a wide discretionary power to personalize the criminal reaction and rehabilitate the offender. But there have been many criticisms to this approach, theoretically and practically. So, another approach has been put forward which is based on a predefined model, called sentencing guidelines. This approach, first taken in United Sates in 1980s, is currently being implemented in many countries. Enhancing the transparency of the sentencing, promoting public confidence in criminal justice system, fastening the sentencing phase of criminal process and increasing the deterrent function of punishment by increasing its certainty, are some of the benefits of this approach.

The minimum age of criminal responsibility (MACR) has historically been a critical matter in Islamic penal codes of Iran. In one hand, considering sexual puberty as a criterion for the MACRin Islamic penal code of 1991, had led to much criticism inside and outside the country. On the other hand, lack of distinction between minimum age of criminal responsibility and penal majority had caused juveniles to enter into full responsibility for crimes committed, immediately after they reached sexual puberty. Iranian penal code of 2013 has tried to solve these problems. Distinguishing between MACR and penal majority and widening the judicial discretion for avoiding the Hudood and Qisas in relation to people under the age of 18 are some of the mechanisms provided in this code to improve the rules of MACR. This article explains the rules of Islamic Penal Code of 2013 in this respect and analyzes them with a comparative approach.