جستجوی مقالات مرتبط با کلیدواژه « حقوق کیفری ایران » در نشریات گروه « فقه و حقوق »

Regardless of its meaning and discourse, terrorism offending is a concept that involves violence, extremism, fear and general panic, the use of which even in the mind leads to a kind of psychological reaction based on disgust. Therefore, in line with the globalization of the management of the fight against terrorism offending, the international community, which had faced the phenomenon of terrorism in the second half of the 20th century, reacted by approving international and regional conventions for specific types of terrorism offending and the commitment of governments. Of course, despite the membership and accession of the governments to the approved conventions, in the face of terrorism offending, they started reacting to it according to their governance, political, social and even legal structure. Therefore, it can be stated that the capacity of Iranian criminal law’s scope was such that the legislator over the years, despite the establishment of titles such as Moharebeh, corruption on earth, and even rebellion according to Islamic teachings, did not get the possibility to resolve the legal gaps in the process of confronting it. At the same time, the necessity of revising the legal regulations and adopting a new policy in the field of criminalizing contemporary terrorism offending, due to its complex criteria and diverse components, is becoming more apparent. Of course, various mechanisms against terrorism offending have been approved in the past periods, and due to the development and increasing use of tools and their variety, the way of committing has also undergone a significant transformation, which erases the modernity and application of regulations.

One of the most important legal developments, which has become a source of legal dispute and controversy, due to the appearance of Sharia prescribed punishments in the Islamic Penal Code approved in 1392, is the concept, examples and effects of this type of punishment, which is based on the similarity of prescribed punishment with the limit and the concern of non-applicability. According to the approach of the legislator, in line with the evolution of the concept and scope of Ta'azir, since 2013 and according to the note two of Article 115 of the Islamic Penal Code, the legislator tried to present a new separation of Ta'azir into two types of Sharia-mandated and non-mandated punishments. Significant legal effects such as the rule of prohibiting retrials, granting judicial immunity in minor crimes, issuing orders to postpone the issuance of sentences, suspending the execution of punishment, reducing the punishment of children and adolescents to at least half if there are mitigating factors and the expiration of the prosecution time, giving up on the Shariah punishments. has been This is while the concept and examples of Ta’azir prescribed by Shari'ah are still the subject of controversy and the above-mentioned separation has led to the abrogation of the law. In this article, in order to examine the mentioned issue, while presenting the concept and scope of Ta'zir according to Shari'ah, the examples and effects of this legislator's approach in the evolution of Ta'zir are analyzed and analyzed, and suggestions are made in order to solve it.

The realization of the concept of criminal justice requires guaranteeing the rights of individuals and determining the guarantee of practical and decisive implementation against the violation of fair trial standards. Fair trial means the general guarantees that are provided in the judicial mechanism to respect the rights of the parties in the trial process of all kinds of lawsuits before a competent, independent, impartial court. Therefore, the implementation of fair proceedings within the framework of the laws prevents the generalization of unfair and arbitrary examples. The research aims to explain the issue of fair proceedings in Iranian and French laws by descriptive-analytical method, and aims to compare examples of fair proceedings and in this way promote fair proceedings. As a result, experience has shown that the rights of the accused are more vulnerable at this stage compared to other stages of criminal proceedings, and French law can be used to eliminate the gaps in Iran's criminal law. In addition, the examination of Iranian and French law shows the commonality of the concept of fair trial; However, in the realization of some examples and the way they are used, such as using a lawyer in the proceedings, they have a semantic difference with each other.

Criminal liability of legal entities is one of the most important and controversial issues in criminal law. In different legal systems, there are different approaches to this issue. In some systems, legal entities are not held criminally responsible, while in others, legal entities can be held responsible for criminal acts along with natural persons. In Iranian law, the criminal liability of legal entities is recognized in the Islamic Penal Code approved in 1392. However, this law has not specified the terms and conditions of criminal liability of legal entities in detail. Hence, there are many differences of opinion in this field. In this article, with a descriptive and analytical method, the criminal liability of legal entities in Iran's criminal law has been examined. In this review, the concept and nature of criminal liability of legal entities has been discussed first. Then, the criminal responsibility of legal entities in Iran's criminal law has been comparatively investigated. Finally, according to the results of this study, the strengths and weaknesses of the criminal liability of legal entities in this legal system have been discussed. Then, the criminal responsibility of legal entities in Iran's criminal law has been comparatively investigated. Finally, according to the results of this study, the strengths and weaknesses of the criminal liability of legal entities in this legal system have been discussed.

Differential criminalization of verbal violence occurs, especially considering the characteristics of specific victims and their more physical or psychological injuries. Verbal violence occurs in spoken or written form and in the form of using insulting, slanderous, false or sarcastic words. In Iran, this type of violence is criminalized under the title of "insult" and there is no differential approach regarding its prohibition, but some other countries such as England, especially under the influence of international documents, in addition to examples of public insult, with a special approach, Verbal violence has also been criminalized independently and specifically and differentially. The purpose of the current research is to investigate the concept of verbal violence and the effects of differential criminalization of this type of violence towards specific victims in the criminal laws of Iran and England. The current type of research is fundamental, its approach is descriptive-analytical, its method is library study, and the tool for collecting information is also a survey. The result of the present research is that the differential criminalization of verbal violence towards specific victims is usually implemented in the form of intensifying the punishment of the perpetrator or not including the institutions of friendship towards the perpetrator of the crime, and the English criminal law has taken steps in this direction. but Iran's criminal law has not paid much attention to this issue.

Doping is the most unprofessional and unethical behavior in professional sport. In addition to the ethical and technical aspects, this phenomenon also has important legal aspects. In recent years, following the increase in cases of doping, the tendency to criminalize it has clearly formed among some criminal policymakers, and some countries have explicitly criminalized doping and punishing it, but despite some other countries have not taken action in this regard. A clear example of the first countries is England, Germany and France, and an obvious example of the second category countries is Iran. The claim of this article is that by using the experience of criminal law systems in England, Germany and France, it is possible to take steps towards the criminalization of doping in Iran's criminal law and in this way, between the approach of Iran's criminal law system and the view of the system. The mentioned legal issues created more alignment. The main hypothesis of the current research is that the criminalization of doping in Iran's criminal law has a significant effect in reducing it. In order to further investigate these categories, in this research, while studying the concept of doping and the basics of its criminalization in the criminal law of England, Germany and France, the challenges facing the process of its criminalization in the criminal law of Iran have been examined. The current type of research is fundamental, its approach is descriptive-analytical, its method is library study, and the tool for collecting information is survey.

The damage caused by the crime is also the damage caused by the criminal action to another person (the victim, his heirs or his successors). The Kurd plan has the right to request compensation from the judicial authority for the damages and injuries that have been caused to him directly by the commission of the crime. In the judicial systems where the legal and criminal courts act in a specialized manner in dealing with claims within their jurisdiction, the principle is that the legal reference deals with civil claims and the criminal reference deals with criminal claims. But sometimes the criminal reference finds the possibility of dealing with the legal claim as an exception. In Iranian law, due to the fact that legal courts deal only with legal matters and criminal courts deal only with criminal matters, the principle of specialization in dealing with claims has been followed on this basis in dealing with claims related to damages. of the crime while dealing with criminal matters due to the ambiguity and summary and the amended articles of the criminal procedure law in this research, which is done with a descriptive-analytical method, an attempt is made to investigate and explain the concept and nature of the harm and loss caused by the crime, Investigate the progress of the legal development of claims for damages in criminal courts and judicial procedures.

The rule of Ehsan (goodness) has a distinguished situation in Iran criminal law and especially has been considered in article 509 and 510 of Islamic penal code enacted in 2013. This rule is accepted by jurisprudents and based on jurisprudential arguments including Quran, narration, wisdom and the rational basis.There are some difference of opinions among jurisprudents and lawyers of scope and circumstances of the rule. The main question is that whether the rule is related only to disposal of losses or includes obtaining benefits? In connection to circumstances of the rule, the main question is that whether the goodness act should be goodness in reality in addition to intention of goodness?It seems that the act should be reasonable and without any recklessness as lead to obtaining benefits normally also it may lead to harm or losses accidentally, in addition to intention of goodness. In addition, the true opinion regarding to the rule is that the goodness act should be free and voluntary and the Iranian judicial precedent accepted this idea that the act should be free.In addition, the most important aspects of the rule have been discussed in the present research such as situation of the rule in execution of verdicts and medical faults.

Drunkenness means drunkenness and a state that is placed between a person and his intellect or is affected. Some Islamic thinkers consider Muskar as something that disturbs the order of words and reveals secrets, in other words, it is something that disturbs perception and intellect, and in most people who drink alcohol, with a sense of joy.

It is descriptive study.

Ethical Considerations:

 All ethical considerations have been observed.

Taking intoxicants is a Hadd crime and has unpleasant psychological effects and consequences. Today, it has been proven that Islam has chosen the right path in dealing with the issue of intoxicants. Current science has also proved that alcohol is, indeed, the root of all crimes and corruptions that cause the loss of intellect, thought, health and wealth, and the rupture of the family system.

The Islamic Penal Code discusses drunkenness in various articles. Therefore, the legislator has not criminalized drunkenness, but has criminalized the consumption of intoxicants, so that even if a person eats intoxicants but does not get drunk, even if it is a drop, he will be sentenced to the Islamic punishment named Hadd. Therefore, what has been important for the holy Islamic Shari'a is the consumption of intoxicants, not the state after it.

Testimony is known as one of the evidences to prove a lawsuit or the fastest way to access evidences in legal systems, and its performance at different stages of proceedings is a manifestation of the cooperation of citizens and the community with the enforcement of criminal justice in finding the truth. Undoubtedly, the discovery of the truth as much as it makes the victims and the plaintiffs hope for justice, it makes the accused and the criminals angry and arouses a sense of revenge in them. And this retaliation against the witnesses due to the testimony of the perpetrators of the crimes makes it necessary to protect the witnesses. In this regard, witnesses can be supported by adopting different support methods, especially preventive measures before and during the proceedings and even after. Witnesses also have rights in the judicial process, which should be considered in comparison with the rights of other persons involved in the case. The present study examines the measures and witness rights in Iran's legal system with a brief look at the procedure of the International Criminal Court, which supports financial, mental security and physical security of the witness, including the mechanisms designed to encourage witnesses to cooperate with the criminal justice system, and in this regard, measures such as concealing the identity of the witness, physical protection from the witness, honoring, changing the job and place of residence and Compensation for the damages caused to the witness will benefit.

Societies have norms and values, the violation of which is considered a crime and the perpetrators will be punished. Based on one idea, any person who ignores these values ​​should be punished only once; this issue is discussed under the rule of "prohibition of re-prosecution and re-punishment". In Iran's criminal law, the legislators of different eras have had different orientations towards the mentioned rule. According to the criminal laws before the Islamic revolution, the acceptance of the rule was limited and conditional, but after the Islamic revolution, in the laws passed in 1361 and 1370, re-punishment was accepted. However, in the Islamic Penal Code passed in 1392, the prohibition of re-prosecution is accepted with conditions only for Ta’zir crimes. In the criminal law of Afghanistan, from the distant past, the rule of prohibition of re-prosecution was accepted in a limited way following the Hanafi jurisprudence, but today, the legislator of this country has properly supported it in various laws, including the Criminal Procedure Law and the Penal Code.

Embezzlement is considered a crime against public property that society is the first victim of this crime, so this crime has a public and unforgivable aspect. In this article, considering the comparative and descriptive method, we study the crime of embezzlement in the Iranian ceiminal system and compare it with the Iraq criminal system, we try to remove the ambiguities in its constituent elements. Actus reus and mens rea are same in both penal systems, but the difference between each of the two systems is the amount of punishment set for this crime. Ten years of short-term imprisonment in front of the Iranian penal system, the intensification of the punishment of the accessory of this crime in Iraqi law is much more severe than the Iranian system; However, probation and parole and the imposition of financial penalties in Iranian law indicate that the Iranian criminal system is stricter than Iraq.

Channels and pages known as "Crush" in cyberspace are expanding especially among Iranian youth and students in universities. Members of these channels and pages often express their desire to befriend with the opposite sex without naming or with inserting his/her face. The hidden and obvious contradictions of these behaviors with the value system of Iranian society have raised concerns among the custodians of the affairs in universities and at the community level, so that the judicial, law enforcement, and security agencies in different cities are entering into this issue and dealing with its activists, especially their creators and managers. this social action is new and lack of the legal and judicial experience in criticizing and judging it, have forced the authors before issuing the votes and possibly the unwise treatment of the mentioned device, And by paying attention to the principle of legality of the crime, the extent of its compliance with the various crimes contained in the crime log of our country.

Descriptive-analytical with using field study and also examine several crush pages and channels.

The behavior of members in channels and pages known as crush is in the accordance with the crimes under the Subject of articles 641 and 638 of Islamic punishment law (approved 1996), However, despite some couplings, these cannot be considered as examples of articles 637 and 639 (approved 1996), 130 and 142 (approved 2013). Also, the creators, managers, and advertisers of these pages and channels can be prosecuted as the accessory of the above-mentioned crimes..

The crime of escape of prisoners is found in the seventh chapter of the Penal Code of Tazeerat. In the Islamic Penal Code, Iran's criminal law has dedicated a separate topic to this topic and has considered a specific punishment for each crime, which seems to be insufficient and has legal ambiguities in some cases, in terms of the psychological element. Most of these crimes can be committed intentionally,but in some cases, the legislator has criminalized the unintentional behavior and criminal error of the perpetrator, such as Article 550 of the Penal Code of the Penal Code regarding the fault of the arresting officer that leads to the escape of an individual. that he should be arrested, Article 548 of the same law, which is about the fault of the guard and employee of the prisoner, which leads to the escape of the imprisoned or arrested person.According to the logic of Article 547 as explained above and the principle of legality of crime and punishment, the escape of a prisoner outside of the above three cases is not a crime, and since the accused is sent to the prosecutor's office, court or hospital and his escape from these places, it is one of the three cases. It is not considered in Article 547.The crime that is the subject of this article is absolute from the point of view of the psychological element, and from the point of view of the material element, it is bound to be released from prison.

One of the controversial contemporary issues, which is the result of the advancement of modern medical technologies in recent decades, is the issue of brain death and legal challenges related to the effects and rulings on this situation. Investigating and explaining the rulings related to brain death and hypothetical death in Iranian criminal law is one of the objectives of this study.

The research method in this research is descriptive-analytical.
Ethical Considerations: All ethical considerations have been observed.

The findings and results of this study have shown that, firstly, in case of proving the defendant's presumed death in the criminal proceedings, the judicial authority is obliged to issue an endowment for prosecution. Secondly, if the absent person (hypothetical deceased) is found after a final verdict is issued, there is the possibility of prosecution and re-investigation. Thirdly, crimes against a person with brain death are considered to be a crime against the dead in Iranian law. Finally after observing the formalities in case of proof of the defendant's vegetative state, the judicial authority shall order the temporary filing of the case by appointment of supervision.

The rule of brain death is like actual death.

Compensation for delay in payment is one of the issues that have been raised in the field of jurisprudence and law and in terms of the emergence of many changes, has taken positions from the jurisprudential and legal authorities. On the one hand, it is very difficult to maintain economic order in the current world, regardless of the penalty for delay, and on the other hand, the suspicion that the legal institution is illegal and the need to comply with the rules of law according to the fourth principle of the Constitution of the Islamic Republic Iran demands more and more exploration around this issue. After the revolution, the jurists of the Guardian Council, according to the fourth principle of the constitution, declared that their duty to implement the laws in accordance with Anwar Sharia was illegal and haram, but later due to increasing liquidity and rising inflation. The Guardian Council was forced to reconsider and accept the compensation for the delay, but doubts remained. To seek a solution in the Shari'a, and by determining the damages on the delay of payment, to establish a lever for the fulfillment of the obligation on time.

Children and adolescents are more likely to be harmed by others in terms of age and personality against social events, including deviance and delinquency.In fact, despite the fact that it is one of the Barriers tocriminal liability,But the vital and criticality of childhood and adolescence has led the legislatorTo design the rules among the child's behavioral and pedagogical factors and the system for responding to these social incompatibility behaviors in a special and differential legal system.Our lawmakers in the Islamic Penal Code of 2013, in pursuit of this goal, have enacted the following laws under Chapter 10 of the Law on the penalties and measures for the education of children and adolescents.In the Criminal Procedure Code of 2013, the title of the chapter on the enforcement of laws is limited to children and the institution implementing the judgments of children and adolescents.This study seeks to investigate the fact that although legislated materials for children and adolescents can be effective in the rehabilitation and development of children and adolescents, but in the Iranian penal system, what executive solutions are provided for these regulations and what are the executive challenges that they may face with in the implementation of criminal sentences. In this regard, the system of execution of criminal sentences of Iranian and Egyptian law is compared with a pathological view of Iranian law in order to provide effective suggestions for reforming the system of execution of criminal sentences of children and adolescents in Iran. It should be noted that this research has been done by descriptive-analytical method and in the collection of resources, the library method has been used.

Most Islamic jurists believe that a father will not retaliate against his son in a deliberate crime. However, there is disagreement about the mother joining the father. Sunni jurists mainly believe that the mother cannot be retaliated like the father, a position that is also accepted in the penal regulations of the countries subject to Sunni jurisprudence. According to the famous Fatwa of Imami jurisprudence, the regulations of our country have specified the removal of retribution only against the father, and this issue has caused the legal doctrine of the mother to be subject to retribution..In the present study, the issue is examined with a descriptive analytical method and it is clear that the only valid document of the famous fatwa of the jurists is the general reasons for retribution, which in other cases, like the grandparents, have been left out for reasons that should apply to the mother in the first place; In particular, a parent who is not retaliated according to the hadiths is also referred to as a mother and also the hadiths do not say anything about the retaliation of the mother, and the companions did not even ask the infallibles about this issue. Evidence that exposes the mother's retaliation to suspicions that should be avoided. From a legal perspective, due to the lack of legal clarification, the mother can be excluded from retaliation based on the fatwa of the minority, especially the opinion of the leadership.