sepideh mirmajidi

In Amartya sen's theory of human development, development means freedom. One of the five types of freedom in this view is economic freedom and one of its most important indicators is the rule of law. From this point of view, the criterion for evaluating various social institutions, including the criminal justice system, is its contribution to strengthening, guaranteeing and the degree of commitment to protecting economic freedom. One of the indicators of the rule of law is the "Constraint on Government Powers ". The main issue of this article is how effectively the government's economic power has been limited in Iran's legislative and judicial discourse. For this purpose, analytical-descriptive methods and content analysis of legal texts and interviews with ten judges handling economic cases (from march to July 2024 ) have been used as information gathering tools. Empirical findings do not positively evaluate the performance of Iran's criminal justice system from the perspective of Constraint on Government Powers.

The implementation of the electronic health system on a global scale continues to face various challenges, including legal challenges, after two decades. This research aims to identify the legal principles governing the regulation of the Electronic Health System's Stakeholders Communication in Iran, with emphasis on service providers.

This qualitative research was conducted using thematic analysis method. Data collected in interviews with 27 experts. Interviewees were selected based on their familiarity with the electronic health system, expertise in legal issues related to it, and communication within this system. Data were analyzed using MAXQDA version 20 software.

Data thematic analysis led to the identification of four global themes and ten organizing themes. Legal challenges of the electronic health system and the legal principles governing the regulation of stakeholders' communication are two organizing themes discussed in this article.

Managing conflict of interest, redesigning the architecture of the electronic health system, mandating contracts for physicians with basic and complementary insurances, and utilizing the potential capacities and capabilities of private sector are among the recommendations of this research.

A wide range of studies, approaches and analyzes are discussed under the discourse of "law and development". The requirements of a development-oriented criminal justice system based on the concept of "development as freedom" and with an emphasis on economic freedom, is one of them that has been less discussed.This article aims to show how can we reach "law as development" by understanding "development as freedom". That is, in order to achieve development in the sense of "the process of expanding basic freedoms belonging to people and removing obstacles of freedoms, not only the law is important and inevitable, but also legal reforms, including the reform of the criminal justice system, is a goal of development in itself."In this article, the performance of Iran's  judicial and criminal legislative system is examined in terms of one of the most important indicators of the rule of law, i.e. "protection of private property", emphasizing the crime of disrupting the country's production system as the main issue. this issue was investigated in a descriptive-analytical way and by studying the related cases in the specialized complex for handling economic crimes.One of the five types of freedom in the theory of  development as freedom, is economic freedom, and one of its most important indicators is the rule of law. Results show that the judicial interpretation sometimes imposes mandatory restrictions on the transactions and economic activities of producers and considering them as crimes; In a situation where it is currently being done with the aim of continuing production and not making profit and disrupting the production system of the country.      in terms of the need to respect contracts and adhere to the security of property rights, reforms from the point of view of production and economic development requirements, are necessary.

In restorative justice, the answer to the problem of crime is determined by the participation of the victim, the perpetrator and the local community. Restorative justice without being limited to a specific program or a set of programs or a single model, requires a different perception of crime, understanding and the answer to it and transformation in the whole legal system with the relative adherence of actors to the restorative principles and values. Iranian judicial discourse in cases of sexual violence under the influence of redefining the objectives of criminal intervention in the legislative discourse and, consequently, recognizing restorative justice in Islamic Penal Code and the Code of Criminal Procedure in Tazir, informally and to some extent adopted Restorative mechanisms in these cases. The main issue of this article is to identify and assessment (of course, sometimes critical ) of the procedures and new and innovative mechanisms of judges in rape cases in Criminal Court (1) of Tehran, using in-depth and semi-structured interviews with 35 judges of this court and several participatory observations. The results of this study indicate that these mechanism sometimes are closely related to the “Status quo +” model.

Since the 1950s, three movements have been formed to explain the relationship between the legal system and the various levels and dimensions of development, following the discourse of "law and development". However, various aspects of this relationship are still relatively unknown and somewhat neglected despite its gradual growth and development over the past four decades. For example, how the law affects development in different social, economic, political and cultural contexts in a normative and structured framework, regardless of specific spatial and temporal conditions. Accordingly, this article, discusses how the law affects development (with emphasis on economic development). The effectiveness of these mechanisms in the context of privatization in Iran has been analyzed. The results showed that more attention to these mechanisms is necessary for the effectiveness of laws and regulations of facilitating privatization in Iran.

Loss of self-control defense is a new and special defense for perpetrators who have lost their self-control as the result of the victim’s provocative conduct and consequently murder him for the victim’s provocative conduct. In the event of the successful inference to this partial defense they charge with murder and are convicted of manslaughter. This defense basically is propounded in the law of countries with common law and according to the coroners and Justice Act 2009, it is obviously introduced in the criminal rules of the UK and has replaced defense of provocation. The main problem of this paper is to study why defense of provocation was abolished and what the quiddity and provisions of loss of control are. The analysis of this problem with a comparative approach to the penal code of Iran and with the descriptive-analytic approach showed that the new defense it has been attempted to remove the traditional defense of provocation. Although in both defenses the loss of control is the basic element for example, fear of serious violence is not counted as a qualifying trigger in defense of provocation now it is accepted the same as the cause of passion (anger trigger) and the provision of loss of control being sudden has been omitted. Still, in practice, there are some obstacles and problems in adducing this defense for some perpetrators the most important is too much emphasis on loss of control and applying the subjective criterion to its approval. It seems that perhaps consciously making a decision and the solution of the most details has been assigned (allocated) to judges and jury that with considering all facts in every file they make a fair decision. Despite not observing the loss of self-control defense in the penal code of Iran, trials have noticed it and sometimes attempt with their extended interpretations to apply their legal capacities to convert murder to manslaughter and to release the perpetrators from capital (death penalty) punishment.

From the perspective of critical criminology, crimes are affected by the political, social, economic system and especially the legislative structure, criminal justice as well as the influence of power. Among them is the theory of social constructivism, which limits the rule-making in the legislative or judicial system to behaviors that sometimes endangers the position and interests of minority in society. Therefore, crimes and legal concepts are only a social construct and reality, which are constructed according to specific temporal and spatial conditions. This article, which is qualitative, descriptive-analytical in terms of method, with the study of 30 family court cases in Rey and Qom in 2020, interviews with family court judges and children's families, from a  critical criminological perspective and specifically based on the tradition of constructivism, therefore two aspects of the crime of child marriage (the subject of Article 646 Iraninan penal code) including the legal age of marriage and the concept of the best interst of child in child marriage (both mentioned in Article 1041 civil law), have been critically analysed. The findings indicate that these two aspects are constructed only on the basis of the criteria of the minority governing the legislative process, therefore, it is always possible to deconstruct them

Starting many restrictions, tensions, and stresses caused by the corona virus pandemic around the world, a significant number of women in all countries are exposed to more and more forms of domestic violence. This violence, by causing psychological damage and perceptual, biological and behavioral problems, and consequently weaken resilience and the power of control, leads to special mental conditions that increase the likelihood of criminal behavior in the abused person. However, from the perspective of the psychological and ethical components of criminal responsibility, the perpetrator has no or full criminal responsibility due to post-traumatic stress disorder. Accordingly, using descriptive-analytical research method, the present article intends to address one of the most important requirements of Iran's legislative discourse on criminal liability, namely proper laws within a gender-based model to support abused women who are affected by repeated experiences of violence, anxiety disorder and consequently loss of control and kill their abuser eventually. From the perspective of comparative law, what has been done for a long time in the legislative discourse of many legal systems of the world by predicting the defense of "loss of control" that the need and effectiveness of this defense, has become increasingly apparent with the corona pandemic.

In the latest edition of the 2020 Restorative Justice Handbook, restorative justice is defined as any program that uses restorative processes to achieve restorative goals and outcomes. This definition shows that restorative justice adheres to common goals, norms, and criteria for adopting restorative measures in various legal, social, cultural, and economic contexts, without being limited to an ideal pattern, procedure, or process.So, the desirability of a restorative justice program does not depend on a particular model, but on having features that can bring restorative interventions as close as possible to the goals and outcomes of restorative justice. Accordingly, this article, which is qualitative in nature and descriptive-analytical in method, addresses two main issues: First. What are the characteristics of a desirable model of restorative justice; desirability in terms of the extent to which the most restorative goals and values ​​are achieved, regardless of the model of restorative justice and second. using the method of interviewing twenty judges of criminal court (1) in a Tehran province and thirty victims of sexual violence (both men and women), also addresses this issue that if a judge's restorative interpretations are to be one step away from the status quo in cases of sexual violence and contain more and more features necessary to achieve the most restorative values, then what is the procedure? The result of the research shows that "using trained actors of restorative justice in criminal courts", in the current conditions of the Iranian criminal justice system, is a procedure that can represents the most number of features of a desirable model in these cases.

According to empirical studies, legislative discourse efforts in the context of formal mechanisms of justice; have not been sufficient to effectively support victims of sexual violence. As such, transcending the justice needs of sexual violence victims beyond the limited capacities of the criminal justice system will make a clear and comprehensible shift in response to sex crimes in most legal systems. The results of this paper, which is qualitative and descriptive-analytical, Using one of the most common means of data collection, namely interviews with 20 judges (Criminal Court of Tehran province) and 15 sexual crimes victims along with a multi-year study of the different branches of the Criminal Court, indicate that Justice from the perspective of victims of sexual violence corresponding to the components of restorative justice as another mechanism of justice and Judges in the current state of the criminal justice system of Iran, apply existing criminal policies on sex crimes with an attitude and restorative lens.

Sometimes a judge faces a legal problem with two or more legal responses that each of them is legally correct. In this situation, the judge can’t find the valid correct legal answer on the basis of the facts of the case in order to do his traditional duty for application a general rule to a case, rather, it is necessary to make decision by applying of judicial discretion and going beyond the legal rules in the set of rules. Under such circumstances, the rule of law may be severely threatened, and this is the biggest challenge faced by the judicial discretion. The normative and theoretical link between the judicial discretion and the cause of the rule of law is an important issue in the philosophy of law, but in the legal literature, and in particularly in criminal law we have not paid much attention to it. this article seeks to understand it with an emphasis on interpretive theory. Also, analyzes the extent of the judicial discretion to construct illegal sexual relationship applicability in the criminal justice system of Iran by using the qualitative research. The result shows that the judges sometimes criminalize the crime of illegal sexual relationship when they need to interpret it. In a judicial discourse, it seems that the applying of judicial discretion is far removed from the criteria of the rule of law in the recognition of instances of illegal sexual relationship

According to Social Constructionist Theory, The Reality of everyday life, is the result of objectivations of subjective processes that are maintained by Linguistic significations and are reflected by Discourses. Therefore, the social realities are the product of Language and in other words, are constructed by Discourses. Crime also like other social realities is constructed similarly. So, change in Discourses, leads change in constructed Phenomenon including crimes and criminal laws. In this article, by adopting such an approach to Criminal legislative process and by using content analysis and discourse analysis method, the law of “Publication and free access to information”, has been studied. Results of research show the capability of Constructive Analysis of this law, That is the dependence of the Freedom of Information to discourse defined that. Because change in interests of actors, changes the law.