جستجوی مقالات مرتبط با کلیدواژه « judgmental procedure » در نشریات گروه « علوم انسانی »

Women are part of the vulnerable sections of the society. Today, with the expansion of the virtual space, where some of the realities of human society have been transferred, some people use the image of women to pursue goals such as extortion, threats, making money, insulting their dignity. This issue has put women in a situation where if the right to their image in the virtual space is not protected, it will cause serious material and spiritual damage to different dimensions of their personality. This research has been written using documents and library sources, in a descriptive-analytical method, as well as by examining a number of cases and judgments issued by judges of the judiciary. The obtained results show that only in paragraph b of article 5 of the law on the method punishing persons who engage in unauthorized activities in audiovisual matters, approved in 2016, the right to the image of women is directly supported in special circumstances. Also, what has attracted the most attention of courts is the publication of obscene and vulgar images of women. In the judicial decisions, the legal protection of the right to image of women is more in direction of determining criminal punishments.

Some examples of banking crimes such as embezzlement and illegal seizure are linked to theconcept of public service officers. According to the abolition of the Law on the Trial and Punishment of Public Service Officers approved in 1315 in accordance with Article 570 of the Criminal Procedure Law, the definition and examples of public service officers faced ambiguity and the unanimous decision number 798 of the General Board of the Supreme Court with the aim of resolving This uncertainty and reduction of the existing legal gap was issued regarding the inclusion of the sentence of Article 598 of the Penal Code against the employees of private banks. Whether, apart from the mentioned crime, the argument contained in the unanimous decision that the employees of private banks are considered to be public service officers, also extends to other banking crimes such as embezzlement where the term "public service officers" is mentioned in the text of the relevant legal article. Whether it was found or not has caused a dispute. Therefore, in this article, based on the library method, the existing challenges are described and analyzed, and the impossibility of extending the unanimous decision No. 798 to all banking crimes committed by the employees of private banks, proofs and suggestions for correction are presented.

The term "Public service officers" is mentioned in several examples of economic crimes in criminal laws, but its meaning and examples have been ambiguous due to the repeal of the law on the trial and punishment of public service officers. Although according to the unanimous decision number 798 of the General Board of the Supreme Court, the employees of private banks are examples of public service officers and the subject of the crime of Article 598 of the Penal Code, the said decision cannot explain the concept and examples of public service officers and its effects have added to the ambiguity of the issue. To respond to the evolution of the concept and examples of public service officers, this article along with the pathology of judgmental procedure, the transformation of the scope and examples of public service officers after the issuance of the unanimous decision, and finally the solution to the legal refinement of this ambiguity, through approval The new single article is proposed, to solve the mentioned challenge.

In online communication, emojis are widely used and are often considered as beautiful and exciting additions to the original text. Emojis are now referred to as the "language of the online age" and "the fastest growing language in the world." In digital text messaging, it is possible to convey humor, emotion and sociality through emojis. However, the question is that in addition to the role of text beautification and transmission of emotions, is it possible to commit a crime by sending emojis? What are the challenges faced by jurisprudence in dealing with emojis as evidence? Therefore, the present article first examines the role of emojis in crimes such as intimidation and insults by recognizing different judicial examples of criminal cases and emoji-related proceedings, and then the challenges facing acceptance. Emoji evidence is evaluated in criminal proceedings.Findings show that criminal activities can be committed under the guise of emotional emoji function and their role in facilitating trust for a criminal purpose, and in particular crimes such as threatening, insulting or sexually abusing children, can be sent through Emojis occur. However, Criminal Courts In interpreting emojis and evaluating them as evidence,They face challenges such as poor expression and implication of emojis in criminal proceedings, change of platform, cultural differences in the interpretation of emojis, and instability of the psychological element in emoji-based crimes After getting acquainted with the challenges in emoji-based criminal proceedings, it has been tried to introduce solutions to these challenges in order to resolve the problems and create a unified judicial procedure.

In this article, the conditions of moral damages in the case of legal entities have been carefully considered. Perhaps the conditions for claiming moral damage can be considered the same as the conditions for compensation for material damage, but the criteria and rules for distinguishing the two are completely different. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed. Currently, in almost all the legal systems of the world, the fault of the injured party does not remove the responsibility of the cause of damage and does not cause the complete exclusion of the injured party from receiving damages, but it causes the reduction of the responsibility of the cause of damage, depending on the case. In the legal systems of Iran and England, the possibility of claiming moral damages from legal entities has been recognized. Therefore, in the field of moral damages, it should be acknowledged that in the past, in the Roman law and the old common law system, and accordingly in England, which is influenced by the common law, The fault of the victim or his involvement in the loss caused him to be disqualified from claiming damages.

"Nahleh" is one of the financial rights that has been provided for the wife in Imami jurisprudence and subsequently in Iranian law. This institution was recognized by the legislator in 1992 in order to provide financial support to the wife and to achieve more justice for women in paragraph (b) of Note 6 of the Law on Amending Divorce Regulations, which can be defined in a short and useful definition. He considered the payment of a sum by the husband to the wife at the time of the divorce. In the latest developments in the field of family law, the legislature in 2012 repealed the law amending the provisions related to divorce. Nevertheless, the institution of "Nahleh" is considered an exception to this version, and as a result, the legislature has still upheld its provisions. Given these developments in the legislative process of this protectionist institution and the ambiguities and conflicts that have occurred in the concept of Nahla in the jurisprudence, the present article intends to respond to the contradictions in the jurisprudence and provide suggestions in this regard. The results of the research also show that Nahleh is a suitable institution for financial support of the wife; However, due to the uncertainty of its position and basis, especially in the judicial procedure, it does not have the necessary function as it should.

Hire contract is an agreement that there is disagreement over the nature of lease contracts. This disagreement over the judicial procedures of the Islami Engelab Courts is most evident when it comes to protest by leasing companies about confiscating cars for the carriage of drugs by tenants or other persons. So that some courts consider the nature of the contract to be leased according to the text of the contract or laws. Others regard the intention of the parties as well as the ownership of the tenant on the vehicle, the nature of which has been considered selling. Others, without entering into the discussion of the nature of these contracts, have merely considered specific issues and have commented on it. However, given the different legal principles and the various laws that exist in this field and in all cases distinguishing the contract from the sale of installments, and also in accordance with the principle of the release of contracts, the acceptance of the nature of the lease of this contract more adaptation with the law and the contract.

In the current situation of the country, economic issues and problems have gained high priority.Solving these problems should be pursued through the country's development programs.These programs must be drafted and approved in the form of 5-year laws. Draft of development plans is mainly done by individuals and institutions with economic and social expertise in the country.Usually, the legal and judicial aspects are not taken seriously in the development in the national development plans, and at most a chapter or a few articles of the National Development plan Act are dedicated to "legal and judicial affairs". While many "develop builder indicators" or "measuring developments" have a completely legal and judicial nature or function.For example, "protection of individual liberties" or "property rights" or "rule of law" and the like are significant indicators that are embodied in all national development plan or have an impact on them.These indicators are improved and promoted when the necessary legal enforcement mechanisms are foreseen. Handling more than 5 million unique cases and nearly 15 million cases that have usually been closed by issuance of a single judicial decision shows the existence of an enormous potencial for the impact of legal and judicial indicators in national development.Therefore, the role and the function of the judicial decision in realization of the developmental programs of the country, requires proper attention which will be referred to in here.

In the contemporary world, despite the development of human rights principles and the efforts of international institutions and organizations to protect individuals from immoral and inhumane behavior in the process of arrest and detention, we are witnessing human rights violations, ie torture by government officials who are arrested with dignity and dignity. There are two basic questions. One: Can the scientific process of crime detection and investigation, taking into account other aspects such as the competence of interrogators and the use of appropriate day-to-day equipment, be effective in eliminating or reducing torture? Two: Is it? Adoption of criminal policy in the field of legislation and implementation in accordance with international documents is effective in eliminating or reducing this criminal phenomenon? The research method is based on the study of domestic and international documents and the impact of service experiences in law enforcement. In general Success in adopting a criminal policy of preventing and combating crime Torture can be considered as having four main components.1- Scientific process of crime detection2-Competence of interrogators3-Establishment of judicial oversight and health institution4-Eliminating ambiguities and shortcomings in domestic law and aligning with international law and documents, then changing the structure of the police and the judiciary and changing the legislator's attitude towards the phenomenon of the crime of torture can eliminate or reduce the crime of torture in the investigation process

"Nahleh" is one of  the financial rights that has been provided for the wife in Imami jurisprudence and subsequently in Iranian law. This institution was recognized by the legislator in 1992 in order to provide financial support to the wife and to achieve more justice for women in paragraph (b) of Note 6 of the Law on Amending Divorce Regulations, which can be defined in a short and useful definition. He considered the payment of a sum by the husband to the wife at the time of the divorce. In the latest developments in the field of family law, the legislature in 2012 repealed the law amending the provisions related to divorce. Nevertheless, the institution of "Nahleh" is considered an exception to this version, and as a result, the legislature has still upheld its provisions. Given these developments in the legislative process of this protectionist institution and the ambiguities and conflicts that have occurred in the concept of Nahla in the jurisprudence, the present article intends to respond to the contradictions in the jurisprudence and provide suggestions in this regard. The results of the research also show that Nahleh is a suitable institution for financial support of the wife; However, due to the uncertainty of its position and basis, especially in the judicial procedure, it does not have the necessary function as it should.

In this article the procedural unity verdict  no 708 of  Supreme Court general board, after paying installments the dowry is examined and recognizes the wife's imprisonment right based on legal& jurisprudential criteria, specially the principle of family security and the nature of  marriage. As we know the consequences of family are not limited to parties and family members and the success, failure and instability of the family, have the direct effect on society and even on next generations. So that, the tenth Article of the Constitution of Islamic republic of Iran describes the family as the foundation of Islamic society, but apparently- despite this insignificant- some judicial decisions- such as the above verdict don’t support the family as a fundamental unit, and even those decisions along with other factors, sometimes would be an obstacle for family durability. This article with descriptive-analytic method is proved that this verdict is not compatible to legal& jurisprudential criteria in terms of not paying attention to the role of the Supreme Court, the situation of dowry in marriage contract, the real description of this subject, and specially lack of attention to husband's inability to pay the dowry (insolvency) and the sentence of paying installments the dowry and due to its negative consequences in preventing the marriage should be reconsidered.

Abstract Research The present study, with the aim of explaining consensual divorce, tries to find out how this type of divorce is performed, legal weaknesses and the reasons for divorce applicants' desire for such a divorce. It also seeks to examine the validity and manner of divorce in France by examining French law. Research Using the contents of the law, the library method was used to extract legal inadequacies and weaknesses in this case. The findings indicate that there is no clear definition of consensual divorce and its nature, increasing statistics of consensual divorce, legal problems in the certificate of impossibility of compromise, and lack of executive guarantees and adequate supervision for some provisions of consensual divorce. Also, in French law, there is no precise definition of consensual divorce and this title has been included in the civil law of this country only due to the needs of the society. If a comprehensive and complete definition of consensual divorce is provided by the legislature and laws and regulations are passed in favor of women who intend to consensual divorce, the instances of hardship will be determined correctly and transparently and in accordance with the above cases for permitting divorce. With the current situation in the society, adding other cases, or creating a solution to expedite and facilitate the proof of these cases, will all cause the couples who are seeking divorce to enjoy complete security.