جستجوی مقالات مرتبط با کلیدواژه « استرداد » در نشریات گروه « علوم اجتماعی »

The extradition of criminals requires cooperation between the two governments requesting extradition and the sender. It should be noted that the topic of extradition of criminals can be examined from different legal aspects. In the legal literature, it is mostly focused on the aspect of criminal law and international criminal law and international criminal law. However, since this issue implies an obligation for governments (countries), it can also be examined from the point of view of international (non-criminal) liability law. In the meantime, attention and consideration of the rights of the person to be extradited is also something that should be taken into consideration by the requesting and sending governments; A matter that has not been paid attention to as it should and perhaps in international law. The following article tries to comment on the realization of the joint international responsibility of governments in the field of extradition of criminals.   

The present research is analytical-descriptive in terms of its nature and method, and the collection of information was done through document review and data collection.

If during the process of extradition, damages and injuries, which are sometimes irreparable, are caused to the extradited person, it implies the international responsibility of both the sending and requesting countries. The situation of extradition of criminals can imply the simultaneous responsibility of more than one country. This means that every country has international responsibility for the wrongful act it has committed in this regard. According to the 2001 collection of articles of the United Nations International Law Commission in the field of international responsibility of states for international wrongful acts, this can be joint responsibility.

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.

Context and Today the scope of security of countries doesnt limit to its extensive domestic borders rather, because of development of technology, facilitated situation of transportation the borders get less important. Many offenders would escape from borders of their crime committed location and would prevent observance of law against them. So with regards to importance of extradition of offenders as one of the ways to develop the security and justice in of levels of national and international, the purpose of present study is to discover the existence difficulties and hindrances in this path providing ways for optimization existent development of extradition of offenders. The present essay uses practical research is descriptive. Moreover, in order to analyzing the gathered information and extracting strategies, this essay uses comprehensive frame work in complication of strategy. Studies show that cases in which these are juridical/ legal hindrances and defection in present laws. Less coordination between authorities of extradition of offenders, absence of contracts with many countries, especial and long bureaucracy ceremonies in process of extradition of offenders, are of main hindrances of Iran's Interpol in expedition of this process. According to obtained results, one of the effective factors in extradition of offenders is having mutual amity with other countries. Therefore, getting strategies like sign/make/have a of mutual or multilateral contracts of extradition of offenders between Iran's Interpol and other members, and also, developing coordination between judiciary, ministry of foreign Affairs police force along side with developing political relations with countries, will be stepping stone for optimization of extradition of offenders.

Restoring rights and justice has been one of the most important goals for human beings and they have always been trying to achieve it. Meanwhile, different governments with distinct jurisdictions and local rules are great obstacles to realize a communal concept of justice. When a criminal commits a crime, the first thing he ponders is a way to escape from the crime scene. In fact, many countries act as a haven for him and easy transportation these days has facilitated this process. This paper studies the obstacles in extradition of criminals both on national and international levels, and tries to improve interactions and cooperation between Interpol and Tehran NCB. Based on the unique geographical setting of Iran, many criminals annually enter & leave the country illegally, and their extradition has been problematic in some cases. We have proposed some solutions for these matters at the end of the paper.

Cross border organized crimes are grave menaces to human beings, countries, and governments. These crimes egregiously affect the economy, culture and the policies of a country. In most cases, the offender easily escapes across the borders to stay away from at least an immediate trial. Considering this fact, the governments, under statutory regulations, extradite offenders to the countries where the crimes were carried out. Extradition prevents multi criminal trials and makes it viable that the offender face trial in the country where he had committed the crime. Organized crimes are not constricted to special countries but have spread globally and maintain a cross border façade. Thus, the global cooperation to tackle them is particularly important and indispensable. In this regard, adapting proper policies, such as resolutions, bilateral and multilateral agreements, and international conferences and meetings can be certainly worthwhile. This paper aims to carefully study the different aspects of international organized crimes and the extradition of offenders.

Terrorism (or the shock of century) has engaged the world with all of its kinds. Until now no one presented a comprehensives definition of terrorism and there is not any efficient way to prevent it. Every day we can see some instances of terrorism in all over the world. The roots of this phenomenon based on its kind and goal may be different. Although some of terrorists sustain mental disease like schizophrenia, paranoid, narcissism andetc, but the theory of mental abnormality of terrorists with compare to other main factors viz. social factors is subsidiary one. Although Iran was always victim of terrorism from 1360s to now, but it could provide no comprehensive solution to prevent it efficiently and try to prevent it by its old criminal articles like Moharaba. We accept that there are similar points in Moharaba and terrorism but there are also so different in many aspects. Revolution Court in Iran which is special court is entitled to proceed andsentence this crime. To close, Iran in respect of terrorist's extradition follows and respects 13 international documents

Organized crimes as a phenomenon of 20th century are still threatening the world. These crimes are visible in the poorest neighborhoods of countries of South America, Africa or Europe. The work of these groups is facilitated with corruption and they commit crimes to provide necessary resources. They apply procedures that are even more complex than those of smuggling groups which have failed the world markets with their illegal goods.This complex phenomenon makes possible cooperation between organized crime networks and terrorists to achieve their purposes with increase of corruption.This crime is a big threat to humanity and governments. It is essential to create cooperation between police and judiciary branch to fight with such crimes.