mahmood saber

This article, with a descriptive-analytical method, tries to answer the question of whether in Iran's legal system, the criminal policy of the Estiza Foundation has been fair and effective in dealing with and fighting the crime of disrupting the economic system. Therefore, while referring to the process of approval of Istiza, the challenges of Istizia in 1397 and 1399 have been examined and finally, their function as well as their strengths and weaknesses have been evaluated. The findings indicate the inefficiency of the judicial criminal policy and the failure to achieve the desired result in curbing the crime through its implementation and restricting the rights of the accused. Therefore, measured and scientific methods in the fight against economic corruption should replace the symbolic emphasis on the "war on corruption" and a fair and discriminatory judicial system for economic crimes should be designed and approved in the light of legislative criminal policy in the form of a comprehensive plan or bill.

Corruption prevention always faces serious challenges in the legislative, judicial, and executive areas. The intervention of the criminal justice system has often been focused on the behavior of blue-collar citizens. On the other hand, the ideological approach toward the economy and economic crimes has resulted in the dominance of retrospective and punitive mechanisms, and this lot of posterior intervention has been focused more on corruption in the public sector while, following the government's downsizing policies, a significant part of the economy has been privatized. This study aims to analyze the existing regulations on the conflict of interest, as the main cause of corruption. It also examines the necessity of criminalizing conflict of interest as an independent and stand-alone crime. Conflict of interest refers to a situation in which a person with public authority status has secondary interests that conflict with their public duties. Hence, by examining the laws related to conflict of interest crimes as well as the principles related to criminalization, the status of conflict of interest in the Iranian legal system has been evaluated and the necessity of criminal intervention has been investigated. The present study applied a descriptive-analytical approach to examine the field of anti-corruption regulations using library sources. The findings of this study indicate that, since conflict of interest has not been recognized as an independent crime by the legislature, there is a weakness in the existing legislative interventions regarding corruption prevention, especially with respect to conflict of interest cases. Therefore, this study proposes recognition of conflict of interest as an independent and stand-alone crime.

The present article is an attempt to explain the mechanisms of restorative justice and its application in medical crimes. In this study, the gaps in the formal system have been evaluated and criticized by the sample research method, and the expectations of actors in this field, including the doctor and the patient and his family, as well as the criminal justice system, have been expressed to distance the current situation from what is ideal to become clear.

The type of research is descriptive analysis and to collect information, qualitative methods such as studying criminal cases (sample research) and in-depth interviews with various actors in this field, including physicians, patients, lawyers and judges are used. Has been.

In the stages of conducting the present research, including collecting field data, coding, translating and using other researches in theoretical literature; Honesty and fidelity have been observed.

According to the research findings, in the formal process, the goals of punishment in medical crimes are not achieved. The remedial process provides an opportunity for the physician to raise his or her pre-criminal process as the parties to the dispute confront, and for the patient to express his or her pain, thereby reinforcing the physician's sense of responsibility. Finally, by compensating the maximum damages to the patient by the physician, satisfaction is created in the victim. This not only satisfies the parties to the dispute, but also prevents the recurrence of medical crimes, reduces the volume of cases and speeds up the proceedings in the formal system.

If we consider the administration of justice as the main goal of the judiciary. This is important in the field of medical crimes from various perspectives. In dealing with medical crimes from the victim's perspective, we face many problems such as delaying the investigation process, ignoring the victim's wishes, not considering all types of his damages and lack of proper response. The perpetrator often does not feel satisfied in this area and considers him a victim of the criminal justice system. What is more, some physicians make frequent complaints of patients against them and threaten to close the profession and doctors' hesitation in professional interventions. Therefore, the criminal justice system in this area needs serious reviews in the areas of criminology, accountability and treatment. The restorative justice discourse seems to have a relatively comprehensive capacity for all of these shortcomings in these areas.Please cite this article as:Asadi M, Saber M.Application of Restorative Mechanisms in Medical Crimes. Medical Law Journal. 2022; 16(57): e38.

The application of preventive measures against activities involving the occurrence of criminal and harmful results in the public interest, in accordance with Article 114 of the Criminal procedure code, faces fundamental challenges in three categories: legislative, judicial, and executive. The purpose of this study is to provide solutions and express the necessities for overcoming these challenges. The approach of this research is qualitative-exploratory. The article concludes that the admission of an immediate trial and an interim injunction in criminal matters, the provision of an approving Supervision by the prosecutor, the inclusion of precautionary measures, and the need for periodic review can compensate for the Deficienciesof a fair trial. Determining criteria instead of defining concepts, risk assessment based on prerequisites, identifying the principle of good faith, adhering to the criteria of fitness and necessity, balancing preventive measures, and economic development are among the solutions and necessities that are provided to address other challenges. Also, in order to enrich the results, in some cases, the experience of other criminal systems has been used.

for the first time, , The ability of activities stopping that Containing criminal activity and Harmful to the public interest, in all matters of production, service, and trade, through the use of preventive measures, Came off in Article 114 of Criminal Procedure Code adopted 1392. Measures with this approach have previously been taken only on a case-by-case basis in scattered laws and regulations, until a more serious look was taken with the passage of the aforementioned article. Despite this positive action, some challenges have led to a lack of full utilization of its capabilities and capabilities. The purpose of this paper is to design a conceptual model of the existing challenges and pathologies of Article 114 of the Criminal procedure code. The approach of this research is qualitative-exploratory. The paper concludes that there are fundamental challenges in the three categories of legislative, judicial, and executive. In the legislative category, the sub-categories of Deficiencies in the principles of a fair trial (Includes Measures nature ambiguity, lack of effective judicial Supervision, the uncertainty of the scope of the measures, Non-assignment of periodic reviews), ambiguous basic concepts, the lack of basic characteristics in dangerous attainment. In the judiciary category, the sub-categories of maximum-minimum perceptions, the conflict of rights and freedoms of activities with the public interest;, and In the Executive category, the sub-categories of the lack of necessary mechanisms; The unpredictability of effective implementation strategies and economic consequences can be examined. The conceptual model of the pathology of Article 114 of Criminal procedure code is also designed and presented on this basis.

Virtual currencies are a new phenomenon that is extracted and transmitted over the Internet using new technologies. Decentralization, transboundary, anonymity of users, encryption and irreversibility of transactions are features that make the use of virtual currencies in criminal activity more attractive to criminals.
The uncertainty over the legal status of the central bank and its role in enforcing monetary and banking regulations will pose challenges to criminal proceedings related to virtual currencies; In the first place, the identification of virtual currencies that lack legal and central backing in the Iranian legal system as domestic and foreign currency and, secondly, the validity of the title of the foreign exchange for such transactions can be a source of ambiguity for the judicial system. To be considered. This paper is a descriptive-analytical methodological one and has been used to answer research questions in a comparative manner and from library sources.
Precise legal definition of virtual currencies and their legal nature, modification of laws related to virtual currencies and adoption of new laws taking into account the unique features of virtual currencies in cases where the law does not exist, Determining criminal matters related to virtual currencies where it is not possible to comply with current laws, cooperating with foreign countries and international institutions in the exchange of information and communications related to virtual currencies, Agreement between the private and public sector on the use and application of virtual currency experts and the training of prosecutors and law enforcement officers are among the suggested solutions to address the challenges of dealing with virtual currency crimes.

After Punitive, Rehabilitative and Restorative models in the criminal justice system, recently a “worldwide trend” has been established in the judicial system of common law towards the use of more optimal and comprehensive methods, which has been respectively called “the Comprehensive Law Movement” in the USA and “Non-adversarial Justice” in the Australia. Accordingly, “Problem-Solving” or “Collaborative Justice” courts with reparative-therapeutic approach was established to address the underlying legal problems of defendant/offender. With a comprehensive look at the offender, victim and community, simultaneously use of therapeutic and community-based methods and mentioned triple models and without withdrawal traditional sanctions, these courts are trying to addressing defendants’ social, psychological, medical, and economic underlying problems. Meanwhile they seek to achieve the main purpose of the criminal justice system –crime prevention and rehabilitation of offenders- through minimizing the damages caused by laws, legal rules, legal procedures, legal roles and judicial practices. To increase the effectiveness of decisions, orders and verdicts, some criminal justice systems like Iran while keep traditional structures of present criminal courts and without using the specialized problem-solving courts has transferred some of the problem-solving principles directly to their laws or indirectly to their judicial practicies. This paper By using content analysis, analytical and descriptive method and library resources is trying to extract common principles of problem-solving courts and analyze the legal potentials of problem-solving in Iranian judicial system through a comparative study with Common Law System.

The level of development of criminal justice system has a strong connection with the development of societies. On this basis, this system as the physical, human and process body of criminal policiesis taken into consideration in development programs of Islamic Republic of Iran and other goals and strategies facing the criminal justice system. By evaluation of policies of these programs, Indicators that can be extracted are as follows: Human Resources Development (Contains the elements of Morality, Empowerment, Removing the offences) and Development of process tools (Contains the elements of Improving access, Increasing speed and Diversion). In these programs, as well as, the prison system had a special place and generally two doctrines of functionalism and Minimalism can be understood from these programs. Regardless of the concerns of law development programs, it is necessary to considering the other fundamental issues which can be considered as development tool, Including; Limiting the intervention of the prosecutor to pursue the public interest, Guarantee the defend rights of the accused and victim and others, during the criminal process, Guarantee the defend rights of persons in the quasi-judicial bodies and governmental committees or bodies to deal with violations.

The most common methods to help injuries of professional illness and work accidents are methods based on system of Social security. Plus, these manners it is possible to reference to responsible person. This subject is anticipated in article 66 of Iran Social Security Act (S.S.A.). Thematic and personal domain’s, determination of this article is important considering its special tools. There are disagreements between jurists and practical procedures in determination of its domain. These disagreements rise of challenge between supportive function of social security system and specific tools anticipated in article 66 S.S.A. Being specific of these tools cause district and limited interpretation. Reference of S.S.O. to responsible of accident depends to realization of three conditions: payment, compensation being, existence of fault. This subject has formalities which have ambiguities and objections. Such as, mode of reference of   S.S.O. in subjects that link with provisions of blood money.