فهرست مطالب hadi rostami

Lenient institutions, which encompass a wide range of exempting and mitigating provisions have a long history of playing a role in Iran’s criminal policy. The tendency towards these institutions in recent years due to the overcrowding of the criminal population and the difficulties of the prison administration has accelerated after the enactment of the Law of Commuting Sentences of Taʿzīr Imprisonment (2020) and a large number of crimes were subjected and included to these regulations with new developments that in the past did not include commutation or suspension or probation or electronic monitoring. Inflicting and imposing aggravating circumstances of punishment such as plurality and recidivism of the crime will not prevent resorting to lenient institutions. The increasement of these institutions and their diversity which sometimes conflict with each other and especially the conditions for having them based on general and subjective propositions have disrupted the coherence and efficiency of the criminal policy. In addition, most of the lenient institutions are optional and subjected to the discretion and opinions of judicial authorities and the confirmation and ascertainment of the mandatory cases are done by the judge. The lack of guiding principles for resorting to these institutions in practice has caused the diversity of perceptions of the law and adoption of different procedures and it has made their application unpredictable. Reducing the lenient institutions that are conflicting with or limiting them to a specific area of judicial process, eliminating ambiguous conditions and predicting objective and manageable propositions as well as limiting judicial discretions can affect the cohesion and effectiveness (efficiency) of the institutions of lenient.

The criminal procedural may be exposed to the state of collapse by security-oriented policies resulting in suspense of the usual formalities of criminal proceedings and replacing them with emergency-oriented mechanisms. The collapse is due to the emergency of the country's political situation and social chaos, which is caused by the protests of a number of citizens against some policies. One of the most important factors of inception of such movement is the expansion of criminal law and maximum interference in people's freedoms and maintenance of political ideology. The Gap between the official norms and accepted values by citizens and insistence of the government to retain the norms via criminal protection of them gradually leads to social crises and civil disobedience. Conservatism, retrogression, standing against social and cultural changes, maintaining the status quo, refraining from fundamental reforms in political and social structures, have no result other than "crisis" and inevitably puts the citizens or a large part of them against the government. One simple solution to quell crisis is to declare the state of emergency and expand powers of the security forces and judicial authorities to arrest, prosecute and adjudicate the cases of protestors rapidly and secretly. The networks of control and supervision on citizens and the power and freedom of action of the police in this situation will be expanded and the logic of confrontation and repression are applied at high level. Due to the crowding of criminal cases in the judicial system as a result of these policies the rules of proceedings and some defense rights are ignored, including the right to have lawyer or the right to public trial, and prompt measures are taken into account due to the government's need to deal quickly and decisively. In such circumstances the guiding principles, especially the presumption and the principle of neutrality, and the government justifies its actions by claiming to maintain order and security of citizens. Summoning and arresting political dissidents without complying with legal frameworks and creating restrictions in cyberspace through filtering social networks and preventing the free flow of information are part of the strategies to deal with the crisis. When the political and social conditions are in an emergency, the fair criminal procedure inevitably collapses, and "extraordinary criminal procedure" prevails, which does not pay attention to the conventional and well-known rules of procedure and is often the product of the will of the political authorities and are dictated in the form of "judicial circulars". Thus, circulars have priority over the law. In this approach, the presumption of guilt is used instead of the principle of innocence, and the accused is treated as a criminal or a convict.The collapse of fair procedures is caused by factors that are mainly related to public strategies and macro policies. Incorrect policies or making wrong decisions regarding some social events and phenomena, legislation without paying attention to the basic needs of the people and ignorance of the political dissidents inevitably aggregate protests and social uprisings. Criminal policies based on arbitrary and baseless criminalization and merely based upon defending and protecting ideology, expanding criminal laws and maximum interference in people's freedoms, as well as the lack of transparency in statutes have unpleasant consequences in long term, and provide confrontation between citizens and policy makers.The substantive and procedural rules on security in the Iranian criminal law indicate that criminal policy makers have ignored some fundamental rights such as the right to choose a lawyer. In addition, following the expansion of the jurisdiction of special courts, which sometimes originates from circular, as well as the increase of the powers of judicial authorities and military forces, they have provided a legal basis for threatening the rights of individuals and the collapse of fair procedures. Holding secret and non-public trails and preventing the communication of court’s decisions are part of these challenges. Adjusting the criminalization and decriminalization of acts that are contrary to the values of citizens or a significant part of them, reforming public policies and avoiding criminal actions that create tension, and saving the criminal justice system from criminal inflation, and most importantly, paying attention to the phenomenon of "generational change" and normative gaps and ideology might be some solutions to prevent the collapse of fair criminal procedure. The Recognition of protests, changing policies and decriminalizing behaviors that have only an ideological aspect, removal of rights-threatening processes, accountability and prescribing discourse instead of criminal threats can prevent the criminal process from collapse.

Contextual factors comprise physical, mental or belief-based characteristics that are apparent in a person inherently, hereditarily or temporarily, such as old age, disability, illness, etc.; these factors, along with external factors, might play a role or accelerate in commission of felony. These factors have not been included under the rules relating the multiplicity of causes, which the Islamic Penal Code (2012) illustrates. This ambiguity has led the courts to allocate a part of the result to the victim in accumulation of contextual factors and negligence/recklessness of the perpetrator according to the expertise comments of medical commissions and medical boards. In common law, according to the Thin Skull Rule, which provides the offender must take his victim as he find him, no impact shall be considered for the contextual factors in the chain of causation. Therefore, the perpetrator shall be held responsible for his acts. Even though in intentional murder/battery the contextual factors have no effect, the challenge arises in manslaughter or unintentional battery. According to Paragraph (c) of the Article 290, Islamic Penal Code and thereof Note 2, if the perpetrator, knowing and paying attention to the status of the victim, commits an action that typically leads to death or bodily harm, the felony is intentional. Otherwise, if the conduct occurs unaware, negligently or recklessly and a contextual factor intensifies or accelerates the result, the perpetrator is fully responsible. In case of overlap of contextual factors and external causes, if causal connection between the behavior and the result is established, the result will be fully assigned to the perpetrator if he acts negligently/recklessly. Apportioning a share of the result to contextual factors holds no legal basis. Clearly, if the harmful result has been caused by some contextual or usual and predictable factors, the perpetrator, even being faultful, will not be held responsible due to the lack of causation.

Oilseeds are one of the most important food reserves in the world and oil production from oilseeds is very important. In order to investigate the effects of sulfur fertilizer (without fertilizer (control), sulfur chemical fertilizer, sulfur-fertile biofertilizer containing thiobacillus and their combined application) on yield, yield components and seed oil of three camelina masses (Kermanshah, Sabzevar and Shahrekord), an experiment was performed as a factorial design based on randomized complete block design with three replications in the research farm of Ilam University in 2020-2021. The results of analysis of variance showed that the combined effects of sulfur + biosulfur on the number of capsules per plant and the number of seeds per capsule were significant at the level of 1% probability. Also, the weight of 1000 camelina seeds was affected by the interactions of sulfur and the type of mass. Application of sulfur fertilizers increased the amount of photosynthetic pigments in camelina leaves. The highest plant height, number of stem per plant and stem diameter were obtained by using sulfur+biosulfur fertilizers. The results also showed that the highest grain yield (2394 kg/ha) of camelina was obtained by using sulfur+biosulfur; which was 8.32% more than not consuming sulfur. The highest oil yield (5.916 kg/ha) was observed with the combined application of sulfur+biosulfur fertilizers and sulfur and biosulfur fertilizers alone were in the second place in terms of grain yield. Non-application of sulfur fertilizer (4.576 kg/ha) had the lowest grain yield, which indicates the effect of sulfur fertilizers on yield indices and camelina oil.

From theoretical perspective criminalization and penalization are mostly justified via objectives and concerns such as execution of justice or maintenance of social order. Accordingly, crimes and punishments serve public non-forgivable function and the “forgivable crimes” phenomenon, as provided in the Iranian criminal legislations, has not been adverted and is an outsider to the theorizing tradition. Even the novel restorative justice notion, regardless of its pure models, which basically focuses on the rights of the victim, includes crime as a public phenomenon unforgivable. Promoting compromising in the process of restorative meetings, regardless of the philosophical controversies behind it, does not omit punishments and the policy of some criminal justice systems lies upon implement of the mitigating constitutions or alternatives to imprisonment in case of reaching compromise. Excessively making crimes forgivable during the last years, the Iranian legislator has ignored the public interest. Such attitude being contradictive with the fundament of criminalization, may lead to the commodification and privatization of the criminal law and bargaining on the punishments by the parties and may in practice aggravate the pressure on the victims or deceive them. The proper alternative would be decriminalization of such acts along with civil adjudication or the application of mitigating constitutions in cases of forgiveness or reconciliation.

Combat cross-border crime is an old concern. After the collapse of the Berlin Wall, the States quickly realize that faced with a new world order, it becomes necessary to abandon part of their sovereignty in order to work together, against a new crime favored by globalization. The European Union also places this imperative at the heart of its ambitions. While initially, the European Community was only an economic agreement, it quickly realized that the pooling of goods and capital, but also the free movement of people, engendered a new delinquency, a transnational delinquency. In the face of this problem, a European arrest warrant was envisaged for judicial cooperation between the member states of this union.

The present research is written based on descriptive and analytical methods and methods of collecting information is from library-documentary studies. In this regard, the regulations-documents and sources related to the European arrest warrant have been reviewed.

Indeed, criminals do not care about borders while law enforcement is constrained. Offenders take advantage of these facilities to proceed with their trafficking, or to escape the authorities, who cannot prosecute them outside their national territory. Here then appears the need for interstate police and judicial collaboration. Within the European Union, this collaboration was therefore gradually put in place, until the creation of the European arrest warrant, a mechanism for the surrender of individuals between States.

Children are easy prey for all kinds of injuries due to their special physical and mental conditions. Some of them, like street children, in addition to the above conditions, are at greater risk of victimization and delinquency due to the dangerous situation around them. Governments therefore take protective policies towards these children with a different perspective. These include Algeria, Lebanon and Tunisia. Implementing and comparing their plans with the Iranian government further demonstrates the basis for some of the necessary reforms in the field of domestic legislation. The most important findings of this study are increasing the age of children to expand the protection of children against being on the streets, providing financial facilities and medical services to the child's family, criminalizing non-declaration of being on the streets, extending the responsibility of helping street children to citizens, etc. The present article has been done analytically-descriptively in two parts: pre-street support and post-street support.

The Act of Reduction of the Ta’zir Imprisonment Punishments (2020) has adopted minimalistic attitude regarding imprisonment. Prison overcrowding, which is a result of increment in prison population and incarceration policies has increased the costs of custody of inmates and led to crisis in the management of prisons. Meanwhile, The Act of Reduction has sought to reach criminal minimalism and decarcerate prison population by reducing the imprisonment of some criminal offences such as kidnapping, making lots of others like defalcation, forgery in unofficial documents, fraud, and some cases of theft forgivable and shrinking the minimum and maximum of the imprisonment to half. However, precipitancy in codification of this Act and extreme attitude towards decarceration has marginalized the moral attraction of law and justice, leading to the creation of the presumption of commodification of punishments and has developed the atmosphere of bargaining to resolve disputes which would undermine deterrence of the punishments. 

The Act of Reduction of the Ta’zir Imprisonment Punishments (2020) implementing fundamental amendments in the Islamic Penal Code (2013) has adopted minimalistic attitude towards punishments and specifically imprisonment. Prison overcrowding, which is a result of increment in prison population and incarceration policies has increased the costs of custody of inmates and led to crisis in the management of prisons. Meanwhile, The Act of Reduction has sought to reach criminal minimalism and decarcerate prisons’ population by reducing the imprisonment of some criminal offenses such as kidnapping and making many others including defalcation, fraud and specific sorts of theft with definite value forgivable and shrinking the minimum and maximum of the imprisonment to half in 4th til 8th degree T’azir punishments and facilitating the application of mitigating factors. Accordingly, the rules on plurality of the crime and recidivism have been completely evolved and the discretion of the courts in aggravating the punishment in cases of plurality and recidivism has been restricted. The Motto of the Act is that the experiment of imprisonment and the maximized use of it have been unsuccessful in providing the goals of the legislature and controlling criminality and therefore revising the old policies is an unavoidable necessity. 

The methodology of the article is descriptive-analytical approach which has accomplished research on various literatures in criminal sciences (including books and articles) and the articles of the Act of Reduction of the Ta’zir Imprisonment Punishments and analyzed them.

The perspective of the Act of Reduction of the Ta’zir Imprisonment Punishments shows the insight towards decarceration is not an outcome of criminological or penological studies on the harmful consequences of prison and is in fact free of liberal approaches towards imprisonment. The enactment of the Act shortly after the enactment of the Act on Aggravating the Punishment of Pouring Acid and the Protection of the Victims (2020) which has considerably increased imprisonment and has prohibits the application of mitigating factors from the court and repealing of some articles of the aforementioned Act such as accelerating in crime according to the Act of Reduction depict a kind of chaos in the management of criminal policy making in Iran which on the one hand, tends to increase imprisonment and on the other hand, contemplates diminishing and decarcerating. Also, the enactment of the Act on Protection of the Juveniles (2020), which has unconventionally Increased the imprisonment even in unintentional offences, is another instance of such chaos. Indeed, three acts which were enacted shortly after each other, rival each other in approaches and attitudes of the legislatures, the reason being lack of a fixed expertise board in legislating, the main calamity in the legislation in Iran.precipitancy in codification of this Act, the lack of criminological and penological basis, extreme attitude towards decarceration paired with tendency towards financial punishments such as fines has marginalized the moral attraction of law and justice, leading to the creation of the presumption of commodification of punishments and has developed the atmosphere of bargaining to resolve disputes which would undermine deterrence of the punishments. Certainly, decriminalization and depenalization would be preferable to resolutions such as making the Ta’zir punishments forgivable and nonstandard decreasing them. Granting a vast authority to courts in order to mitigate criminal sanctions even in cases of plurality or recidivism, in which aggravating the punishment is mandatory, is ponderable and would practically confront the judges with the accusation of bias and nonconformity with neutrality.

The appropriate resolution to mitigate the problematic of the Act of Reduction would be revising it and omitting decreasing rules such as irregular halving the imprisonment and the mitigating institutions. The Act has been enacted without sufficient scientific studies just in order to decarcerate and lighten the burden of the justice system. It would be neither deterrent nor just in the current state and the criminal statistics show an increase in street crimes like theft and snatching after coming the Act into force which demonstrate the Act is unable to guarantee the general goals of the punishments including dispensing justice, protecting of the rights of victims, rehabilitating the offender and preventing the crime. 

Differentiating the prosecution and investigation of economic crimes with the aim of the criminal justice system efficiency and effective combat against the perpetrators of these crimes is a contemporary emerging approach, which has been gradually completed in the French legal system. The specialization of criminal justice has led the French legislature to specialize certain jurisdictions and judicial actors. "Contractualization" of criminal prosecution and development of public prosecutor’s authority for implementation of penal transaction in order to gain the public interest is another strategy of French legislator. In contrast, the Iranian legislator, despite some efforts to identify economic crimes and their effects on the Islamic Penal Code (of 2013) and to shift the burden of proof regarding money laundering, in the field of due penal process, does not have a coherent and systematic position on differentiation. In addition, the regulations in this area are fragmented and inefficient. Sometimes in practice, the process is led to differentiation by judicial instructions, which is against the principle of legality of the criminal process.

One of the goals of criminal procedure is to protect the right to liberty.Temporary detention is a violation of this right, which in the present study is examined for a maximum period of time in the light of criminal policy findings. Some countries, under the influence of security-oriented criminal policies, consider the accused as a dangerous enemy and violate his right to liberty under the pretext of providing maximum security to the society and increase the maximum period of temporary detention or indefinite detention.The approach of Saudi and Lebanese law in terms of not setting a maximum period of temporary detention in criminal investigations is influenced by the security model of criminal justice and expediency.In these systems, the judiciary has full authority at its discretion and in order to achieve the good of the offender and the victim, and can violate the right to liberty; In this case, the atmosphere of the criminal justice system will take on the color and smell of security, and criminal policy will move towards the dehumanization of the criminal response. Contrary to the above view, the adoption of a tolerant criminal policy with a little tolerance in Egypt and Iran has led to a shorter maximum detention period. From an interactionist criminological point of view, which views criminal justice institutions as labeled institutions and processes, this reduces criminal intervention and, as a result, defendants are less likely to face criminal labeling. However, in some countries, such as Egypt and even Iran, sparks of security-oriented criminal policy have prevailed in the legal system that have empowered the political authority to detain individuals without maximum detention.This article seeks to discover the strengths and strengthen them and find the weaknesses and reduce them by analytical and descriptive methods, and therefore can be effective in improving criminal policy.

As one of the main branches of criminal policy, judicial criminal policy plays an effective role in crime control. This role is played via the responses various institutions of the Criminal Justice System give to crime, the issuance of verdicts, writs, judicial procedures, preventive measures and the application of macro and strategic decisions. Since the second half of the 00s, the Iranian judiciary has been issuing various circulars and directives, some of which are also authorization seeking, and in doing so it has distanced itself from legislative criminal policy and pursued other goals. The stagnation of the criminal process, the encountering of masses of files and cases, and the ineffectiveness of settling claims within a reasonable time, is the main reason behind the tendency towards circular policy, which seeks deviation from the law, diversion, mediation, conciseness, and other alternative remedies.In contrast, using directives such as Article 477 of the Code of Criminal Procedure, judicial-criminal policy has given all persons the right to object to definitive votes. This has created a crisis by helping to open closed lawsuits under the pretext of "clarifying sharia" and increasing the burden on the Criminal Justice System, and thus prescribing a dual approach to overcoming challenges. Without a doubt, policy which allows you to pass from law to directive, restricts the rights of individuals, and not only fails to help solve problems but also exposes the crisis within the criminal policy process.

Inequality in development among different cities has recently been under consideration of regional planning’s culture, and it is yet to be known in our country. It might look easy to comment on the development and backwardness of different regions, but quantitative measurement of the development cannot be considered a simple work. The purpose of this article is to determine the development level of cities in Hamedan province and also to analyze regional inequalities in this province.  The research method used in this article is descriptive – analytical and the five indicators including; healthcare, social, cultural, educational, economical (agricultural – animal husbandry), and demographic structural occupation and infrastructural urban services have been studied. To determine the assumptions of the research and level of development of the cities, fuzzy logic techniques have been used. The fuzzy model has been designed in three phases to estimate the level of the development of cities each year. In the next stage, the trends of spatial inequalities for cities have been specified by Williamson’s differential coefficient model using the outputs of the fuzzy model. The level of development over 13 years (1380 – 1393) indicates that Hamedan with a developmental index of 0.65 is considered as the most developed city and Famenin with a development index of 0.29 is determined as the least developed one. The Pattern of the structure governing Hamedan region is determined as center- environs which requires authorities’ special attention to the equal distribution of facilities in the cities of the northern part of the province.

The crime of insurance fraud has attracted the attention of American researchers for many years, and the result of their studies has been the success in curbing this crime. The US legal system has not limited the fight against insurance fraud to punishment, but has taken precautionary measures to stifle criminal actions. The establishment of the Special Investigation Unit (SIU) as well as the American Coalition Against Insurance Fraud (ACAIF) are among the preventive and countermeasures in this system. The Special Investigation Unit is required to investigate fraudulent acts of insurance claims. The Coalition Against Insurance Fraud is also a policy-making body that proposes macro-level policies to combat this crime. In contrast, the Iranian legal system has many shortcomings in the face of this crime, both in terms of legislation and enforcement. The philosophy of the insurance institution is to examine the damages that have been caused to other economic institutions for any reason, and this institution is legally obliged to compensate it. If insurance is damaged, the repair of other economic institutions is disrupted and the country's macro-economy becomes a sick economy. The weakness of the Iranian legal system will inevitably lead to serious damage to the country's economic system and its prevention requires legal studies of pathology of the regulations. The present study has focused on the pathology of the existing regulations in the area of insurance fraud and the provision of solutions to deal with this problem more effectively.

The method of this article is desk research, which has been done by referring to articles and books related to the subject under discussion and taking notes from them. We referred to the existing laws in the American legal system to encounter the offence of insurance fraud. Also in this field, the research and legislative background and its evolution are given. Due to the fact that the subject of this article is new and so far, no legal article or book has been written in Persian related to this subject and most of the existing articles and books were economic, it was very difficult to prepare related sources and put it into practice. The translation of English sources has been of particular importance to this. This issue can be criticized considering the importance of the crime of insurance fraud and its effect on the country's economy, and it is better for legal researchers to pay more attention to the important issue of insurance fraud.

Prior to the Compulsory Insurance Law adopted in 2016, instances of insurance fraud were considered fraud. However, after the enactment of this law, the legislator put examples of this conduct under a special title and a great problem became widespread in the Iranian legal system. Since unit criminal conduct requires a single response, discrimination between instances of a single criminal title indicates a lack of desired justice. The legislature is hesitant and helpless in choosing the appropriate title and punishment for instances of insurance fraud. One of the contradictions in the law is the hesitation in adopting the title of fraud or a special title. On the other hand, knowing this fraud has many advantages, such as having the necessary intensity and also minimizing the possibility of using arbitrary policies in its severe examples. From the legislator's point of view, the title of fraud may not be sufficient and appropriate, and the enactment of a special law is deemed necessary to face this crime. Therefore, in 2016, the legislature, in an unprecedented move, included some examples of the mentioned conduct under a special title under Articles 60, 61 and 62 of the Compulsory Insurance Law of 2016 and introduced new titles in the criminal law. Of course, the penalties imposed for insurance fraud in these articles, with the exception of Article 60 of the law, were much lighter than the penalties for fraud, which is a violation of the legislature's intent because only in two cases, The idea of ​​making a lex specialis comes to his mind. One is that the intended conduct at the time of writing the law is not a crime and he seeks to create a new criminal nature. The other is that in his view, the current punishments and actions are not sufficient to deal with the conduct, which in both cases, the punishment and the measures intended for criminal behavior will be more severe than before. In the US legal system, however, a law has been enacted since 1995 called the Model Insurance Fraud Act, which covers various instances of insurer fraud. This law, which was amended in 1998 and 2019, respectively, contains various measures against the fraudster, which, in addition to deterring the offender, also include compensating the insurer. Finally, the existence of disproportionate penalties, the lack of preventive measures, a lack of comprehensive law of compulsory insurance approved in 2016 and its shortcomings against the Model Insurance Fraud Act are the main findings of this study.

Bring all the various instances of insurance fraud within the framework of lex specialis measure the punishment in proportion to the amount taken from the insurer, use the methods of compensation of the insurer as soon as the sentence is issued and as in the example of the Model Insurance Fraud Act, the appropriate and reasonable use of arbitrary policies in minor type of the crime of insurance fraud as well as the application of theories of restorative justice and consensual criminal procedure are among the results of the present study. In order to develop a proper infrastructure in society, politicians are obliged to create a culture in this area so that people believe that insurance serves the people and its philosophy is to use their budget to compensate for damages. JEL Classification: K14, K42, Z18.

There are no fixed criteria for sentencing across all penal justice systems and they often vary as a result of social circumstances. Apart from having been rooted in its philosophical and ideological fundaments, punishment is a social event which is directly affected by industrial development and civilization progress. An offense is a personal choice since it is normally a consequence of an individual’s reason whereas punishment is an act of collective wisdom following common reasoning of a group. Even though violence is still prevalent in crime in all societies, civilized humans are not allowed to openly apply violence in punishment and no one simply accepts to use it as harsh punishment. At present, employment of violence by the government as part of punishment is subject to such a lot of restrictions that governments do not possess their former freedom in punishment anymore. Demonstration of severity of punishment has gradually disappeared and now punishment systems have been transformed and rationalized due to modern civilization. Along with modernity, apparent demonstration of violence in the form of death carnivals has left the social scene and logic and modern rationality have set in throughout all aspects of human life, especially social reaction to crime.

Iran's Criminal Procedure Act 2013, in Article 306, provides summary proceedings to sex offenses that its origins go back to a topic in the Shari'a called “Ignoring the Offence”. By examining the philosophy of ignoring the Offence, it is observed that ignoring the offence in the Shari'a has a subjective exit with most of the cases related to the illicit relationship. The Shari'a urges the accused not to confess that he has no claimant and in this case, he wants to confess. In practice, however, the files that begin without the plaintiff's complaint are very small. The administration of direct trial in the obscenity crime has created unanticipated challenges for judges and plaintiffs and others that led to repeated disagreements between jurisdictions, discouragement of victims, and prolonging the trial process. The current solution to the challenges is to adopt a judicial procedure: If the sex crimes are brought up with other crimes, the prosecution will deal with all the charges together without distinction. Statistical data analysis, conducted through the evaluation of field questionnaires among seventy judges and shown in the form of tables and diagrams, involve the numerous challenges of summary proceeding in sex crimes and the prescribing of a standard approach to dealing with these crimes.

Achievements of different knowledge such as criminology and penology and also use of answering experiences to criminals show that equivalent giving response and answering to crimes perpetrators, were inefficient and that lead to stabilizing crimes of juvenile offender. In the meantime, documents and international regulations of human rights also with emphasis on different components are still in search for blockage of cycle of becoming a habit of delinquent of this category of citizens. The bests interests of juvenile offender, that as a strategic and fundamental principle was important for system of criminal policy of united nations, and considered as an index so that internal criminal policymakers of countries by that can make decision about choosing methods for removal and stop of relationship of children and teens with criminal process for ever and can be provided as a goal. Criminal justice system of Iran also by these changes in 1392 and by following from paragraph 1 of article 3 of convention on the rights of the children tried to respect to this principle and, in the light of readings of it, in two levels of giving answer and answering as that is possible select a cohesive policy and that to what extent it was successful, is a subject that this writing will consider it. Because it seems that on one hand legislator seek to respect to the bests interests of juvenile in punishable crimes and on the other hand, try to respect to laws, limits and retaliation, that in this way faced with significant duality.

Beyhaqi History One of the most important Persian prose texts during the last millennium has been revered by lovers of Persian literature. This book has a multiplier of what we have now, missing sections, and despite being centered on Massoud Ghaznavi, it is not merely a historical book, but has political, social, cultural and, in particular, political ideas Ghaznavi's rulers - in the area of ​​controlling criminals, have been through mere suppression or with specific measures and measures to prevent crime. Therefore, the authors seek to find a model of criminal policy in the history of Bayhaqi in view of the above, and which model is closest to today's model. Tracing some of the political manifestations and features of the authoritarian system in this work leads to the study of a new concept of criminal policy (especially authoritarian criminal policy) from this topic.

Jalal Al-Ahmad is a well-known and influential writer in contemporary Iranian literature, especially short stories, and has demonstrated his expertise in travel and monographs as well as in research and translation. In his stories, especially The School Principal, he has tried to present the realities of social life with a critical view, not sacrificing reality and expression in artistic imagery. The main question of the present study is whether Jalal Al-Ahmad has paid attention to the victimization and its causes in the story of the school principal with regard to his special view on the educational system and childhood. Looking at the story of the school principal from the perspective of content analysis, the social, cultural and economic situation of most families has been poor and this has led families to focus less on children. Al-Ahmed considers the impact of this issue on child abuse to be significant. He refers to physical victimization as the most common form of victimization in this story, but nevertheless provides more detailed explanations of sexual victimization. His causal perspective has enabled us to examine the story of the school principal in Theoretical Victim Theory.

Computer fraud, as an almost emerging crime in Iranian criminal law, is materially (externally) and mentally distinct from classical fraud (subject to Article 1 of the Law on Intensification of Punishment for Bribery, Embezzlement and Fraud) and has its own characteristics. This type of fraud, which is caused by cheating (dishonesty) or entering data or disrupting the computer and telecommunications system, is one of the absolute (conduct) crimes in terms of materiality, and when it comes to obtain money or property or privileges (concession) or financial services; it is not necessary to deceive the victim, to take property, to cause damage or benefit the committed. Importing data into computer fraud can be in the form of accurate data or fake data; What is important is the unauthorized (impermissible) behavior of the data importer. Obtaining in this type of fraud is not a result (respond) and is part of the process of the material (external) element (the last process), and therefore, in terms of the mental element, the intention of the result is not a condition for the occurrence of a crime. Computer fraud in terms of suspension, mitigation of punishment, lapse of time and conviction verdict publication does not have the limitations and obstacles of simple fraud and is subject to public regulations. If computer fraud interferes with other computer crimes, such as forgery, unlawful access, or tampering with data, multiplicity is eliminated and only the penalty of fraud is imposed.

Obtain Property by unlawful, which was criminalized in accordance with Article 2 of the Aggravation Act of Perpetrators Punishment of Bribery, Embezzlement and Fraud in 1988, again, provide Note 3 of Article 2 in the Anti-Money Laundering Act, Amendment 2019. This Note, does not contravene the provisions of Aggravation Act, each of which is applicable in a particular situation. Obtain Property by unlawful in Aggravation Act, according to the ultimate interpretation, only be performed by persons with state privileges. Note 3 of Article 2 on the Money Laundering Act also apply where there is a "suspicion close to certainty" for unlawful Obtaining and the legitimacy of Obtaining is not established. In this case, the strong suspicion is reinforced that property is most likely the result of criminal behavior, but the type of criminal behavior is not specific for the judge. If it is proven, property is the result of a specific crime; the acquisition of such property is considered money laundering and is not subject to the abovementioned provision. Charges of unlawful obtaining will not be admissible, if it is established that property were not the result of the crime and were a result of a civil violation. The provisions of Note 3 include property that whose unlawful source is in serious doubt, with evidence of the sudden and unusual increase in assets. So, the basis of "suspicion close to certainty" it is assumed that the money was obtained through the commission of the crime

The convicted mental illness is one of challenging issues in criminal law that requires the formulation of rules that require consultation with experts in the psychiatry and the use of their skills. Iran's criminal policy has ignored this issue and the consequence is that the notion of insanity in sentencing regulations remains condemned, along with some of the mental illnesses that are aggravated or delayed by punishment.

The present study uses a combination method (descriptive-analytical and field). Initially, the data were collected from the library method, then the field research was conducted through qualitative method (case study) in the form of reviewing 70 cases referred to the Psychiatric Commission of Hamadan Forensic Medicine General Directorate during a specified time interval and interviews with specialists. Commission comments were entered into SPSS software and output was analyzed inferential.

The common denominator of the definitions of scholars, jurists, law scholars, and some psychiatrists of insanity is the corruption of reason, and in conjunction with the psychic sciences, this concept encompasses a set of mental disorders that deprive the patient of understanding and distinction.

Despite the criminal law's reference to insanity in the post-trial period, the term does not apply to convicted offenders, and according to experts, mental illness in general leads to impunity when it is feared that punishment slows the healing process, exacerbates the symptoms of the disease, or Injury to a person convicted of himself or others.

Delinquent Children and adolescents, often commit a crime without knowing the nature of their behavior. This issue depends on different environmental, personal and circumstances factors. However, the response that is given by the Performers of the criminal process against their violation is very important, because it may have a different outcomes and will lead to the continuation of delinquency in them. For this reason, the Criminal Court of Children and Adolescents, which has the most desirable features in the Criminal Procedure Code of 1392 due to the Criminal Procedure Differentiation Approach Can prevent of harmful effects. But in a strange action, the legislator considers the crimes pertaining to the jurisdiction of the Armed Forces Judiciary to be committed by under-aged people under the authority of this institution And has withdrawn its differential-supportive approach and has responded to these categories of citizens with a rigorous attitude Which is fundamentally incompatible to the approaches to positive and critical criminology.

Based on the viewpoint of Persian medicine, the behavioral dimension of particular Mizaj (temperament)s is defined as to appear to be more talented in the actions of the crime.
Since, Lack of comprehensive study on the relevant of Mizajes and delinquency, so the Present study was conducted to investigate relationship between the 9 temperaments with delinquency in the Malayer’s city. In this descriptive- analytical study, Mojahedi Ten item Mizaj Questionnaire, was distributed in two groups of males in 20-40 years old of Prisoners and non- prisoners in Malayer’s city in 1395. According to this questionnaire, was defined the temperament of the criminals and common population. In 9 groups of temperamental and research findings have analyzed in two parts of descriptive and deductive with SPSS software, in descriptive analysis of single variable are discussed to the results of the variables of the types of temperamental; And for transparency of data. Have used of descriptive statistics tables (absolute frequency, frequency of gathering), and in the inferential analysis section has been used, of the chi-square and umann whitney test. There was meaningful relationship between the temperament of criminals and common people (P=0.00).
The difference in habitual was different between the groups of criminals and common people and it was confirmed, with reliance 0.95 and also the difference in habitual in criminal persons with number 12.134 was more than common peoples with number of 88.92 and it was cold and dry in prevailing temperament prisoners. It seems, according to the results of this study, there is relationship between Mizaj of people and the talent of committing a crime. To prove this probability, it is necessary a research in other areas and with more sample size.

Please cite this article as: Rostami H, Zohrehvand H, Mojahedi M. Assessment if the relation between Crime and Mizaj (Case study of Malayer). Iran J Med Law 2019; 13(49): 195-214.

Since the law includes the discriminative children, It is possible for them to enter in penal code, because of criminality. On the other hand, these kinds of children are exposed to the sorts of abuse and crime victimization, due to their special physical and emotional conditions. But with disregard of these conditions, some of them are exposed to crime victimization and criminality more than the others. We can name them “injured Children”. The examples of the above mentioned children can be found in a novel which is called “the cloudy years” by Ali Ashraf Darvishan; Which can be viewed from the perspective of some criminological theories through the method of content analysis. The result of this can, on the one hand, be the close link between literature and criminology, and on the other hand, literature as a preventive tool for building an ideal society and exposing the bad economic, cultural and other social impacts that affect children.

Piano key weirs (PKWs), a new type of weirs with a very high discharge capacity, can be used as high performance economic structures. This type of weirs is a good alternative to linear weirs, because they increase the discharge per unit width at the span of non-regulated weirs for the same water load and weir width. In this study, the discharge coefficient of piano key weirs was compared with that of a rectangular labyrinth weir. The results showed 38% increase in the discharge coefficient of the piano key weirs as compared to that of the rectangular labyrinth weir. The difference between the discharge coefficients of the weirs was reduced by increasing hydraulic load when reaching the submergence discharge. The difference was reduced about 24% at high discharges. In addition, the tailwater level was gradually increased from the weir crown level.