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

The crime of espionage is one of the main high-risk crimes that endangers the foreign security of countries and faces the security-oriented criminal policy of all countries, and repressive punishments are usually applied to it, because while violating the independence of countries, it makes them vulnerable to foreigners.The purpose of this article is to discuss the crime of espionage in Iran's criminal laws and shortcomings to address it, which necessitates revision and amendment to the current regulations . This research is a library study in terms of its practical purpose and research method, descriptive, analytical, and information gathering method.The crime of espionage has been addressed in various codes, such as the Islamic Penal Code, the  the Punishment of Armed Forces Crimes code, and the Law on Cyber Crimes code, , and the analysis of these laws reveals the ambiguity and contradictions in different articles, which shows the fragmented and partial view of the legislator in this field. It is necessary to review the crime of espionage in different criminal codes under a comprehensive system. The examination of the new bill of the Penal Law also shows that this bill has not  solved the problems raised.

The right to privacy and its observance by others is recognized in customs and laws. Students in educational environments also have the right to privacy and administrators must respect it. However, the communal life of educational institutions has its own requirements, and the preference for communal interests and benefits create opportunities for administrators to enter the privacy of students, which must be justified by educational jurisprudence. This article, using a descriptive-analytical and jurisprudential approach, seeks to answer the question of what is the jurisprudential ruling on respecting the privacy of students? What is the limit of entry into the privacy of students and does this entry require parental consent? The most important research findings are "the sanctity of entering the privacy of individuals without their permission and the primary sanctity of espionage or eavesdropping," with exceptions such as "secondary titles that serve communal interests" being excluded from the ruling of sanctity. Based on jurisprudential evidence such as the Quranic verse "Waqaya" and the command to do good and forbid evil, administrators of educational institutions can access the privacy, especially a level of personal information and intellectual and ideological content of students, in order to ensure the communal interests of the students and safeguard their physical and mental well-being, and this entry does not require permission from the guardian of the student.

Iran's criminal system originates from the Romano-Germanic system, especially the French judicial system, however, it seems that it has not been able to take advantage of the more comprehensive view of the French legislator towards the crime of espionage, the crime of espionage is one of the main high-risk crimes that has been included in the security-oriented criminal policy and is usually The countries face maximum criminalization and repressive punishments. Therefore, the purpose of this article is to examine Iran's criminal policy regarding the crime of espionage in comparison with French criminal policy.This research is applied in terms of objective with a fundamental approach, and the method of descriptive analytical research and the method of collecting information is library studies.In the criminalization of espionage, Iran's legislator has looked at this crime with a minimal and traditional view and has not been able to consider various dimensions for the criminalization of espionage, which has modernity and flexibility and is proportional to the level of possible risks and harms of this crime, which is the reason for incomplete criminalizations. Sometimes it has become contradictory and ambiguous towards espionage and it has caused the disagreement of jurists and courts in this field; The new Penal Law bill has not been able to solve the problems raised; While the French legislator, by correcting and updating his legislative attitude regarding espionage, has been able to criminalize various dimensions for it.

This article paper examines the possibility of consular protection in espionage and terrorist act cases from the perspective of international law and the International Court of Justice judgment in the Jadhav case (India v. Pakistan). In this descriptive- and analytical research, by re-examining the precedent of the court in cases related to the interpretation and application of article 36 of the 1963 Vienna Convention on Consular Relations, we conclude that the Court, because of jurisdictional limitations, reaffirms its previous precedent (stare decisions) on not considering consular protection as a human right. But by remembering the responsibility of the host state to effective review and reconsideration of the convictions and sentences, the court implicitly confirms the importance of consular protection in making the right to a fair trial more effective. Moreover, by denying the existence of the "terrorism and espionage exclusion" in treaties and customary international law, the Court considered that all persons deprived of liberty regardless of their criminal charge and its gravity have the right to receive consular protection from their respective state. The approach of the International Court of Justice cas d’espece is evaluated in the sequence of progressive humanization of international law.

The main subject of present study is the limitation and prohibition of surveillance based on an jurisprudential approach. Meanwhile, the purpose of study is to show that surveillance  to elicit information about employees performance to build an ideal organization require to determine the red flags.The research is descriptive and analytical.Library method has been used.Ethical Considerations:In present study,the principles of text originality,honesty and trustworthiness have been observed. surveillance and inspection are related to the issue of dignity and reputation of the employees, therefore it is necessary to state Sharia rules,as well as the jurisprudential and ethical standards of surveillance correctly and  determine the boundaries and limits of surveillance and inspections. The jurisprudential requirements of organizational supervision and inspection can be corresponded in the foundations of economic jurisprudence, include" Nafye Sabil " rule( rejection of foreign influence) as well as Grace and Obligation rule to protect the country. The interference of these rules to determine. the jurisprudential requirements of surveillance and inspection is in such a way that ban on Sharia Law of spying and prohibition of others privacy invasion  including agencies and employees as well as prohibition of suspicion in the cases that lead to the denial of  domination of foreigners, assistance to  employees and guiding them towards the psychological and moral health as well as a higher expediency of country, have been removed.

Governments have always sought to obtain the secret and strategic intelligence of other countries in order to protect national security and respond to domestic and international threats, thereby applying their covert policies in the target country. This, in most cases, inflicts numerous injuries on the victim country. But the question is, can espionage make the government responsible for that act? Given the absence of any regulations in international law on espionage, there is a strong disagreement over the legal status of espionage. The present study first elucidates the position of espionage in international law and then assesses the attribution of espionage to the responsible State. Finally, the terms of the international courts' proceedings and alternative measures are analyzed. Research results show that espionage is a wrongful international act because of its incompatibility with the principles of international law, but it is not usually possible to take legal action in international courts. The best solution is to use political ways and countermeasures in espionage cases.

Espionage has been exercised throughout world history. By the new advancements in technology and emergence of the phenomenon of terrorism and taking necessary measures against it, however, it has gained its particular complexities and leading to many international disputes. International law distinguishes between peacetime and wartime espionage. In peacetime, it applies principle of separation of national and international jurisdictions and consequently that of State equality. Therefore, any intervention including through espionage entailing aggression against State national jurisdiction is considered as unlawful. The principle of equality of States implies non-intervention by States in each other’s affairs. Nevertheless, in new international legal order there exist certain instances of justified interventions including through espionage such as interventions permitted by the UN Security Council when collective peace and security of the world demands; intervention for self-defence; intervention by invitation; and intervention for humanitarian and human rights purposes. In war time, under certain circumstances, espionage is recognized as a legitimate ruse of war. There is an urgent need to have a world document for codification of provisions governing espionage and its new forms including cyber espionage and espionage violating the individual’s privacy. Espionage has become a global issue and therefore a new treaty can identify the instances of legitimate and illegitimate espionage.

This article investigates various aspects of cyber-espionage and its criminal and legal issues, explaining the similarities and differences of traditional espionage with cyber-espionage, explaining cyber-espionage conditions and elements with an approach to unauthorized access to information and security breach. The country and the explanation of the laws of Iran are subject to cyber spying. This article examines cyber-espionage and its dimensions in terms of cybercrime law, as well as the laws and materials related to cyber-crime. The challenges and obstacles in the way of dealing with cybercrime and in particular cyber espionage, the differences and similarities and the relationship between the various materials about espionage in Islamic Penal Code are also addressed. Finally, suggestions are made to resolve legal vacancies and legal problems.

Espionage is one of the most important challenges in human rights field and such importance shows itself more egregiously when intelligence agencies commit spying under the aegis of human rights or circumvent human rights under the cover of fighting against espionage. A legal study on this subject may clarifies vague points and solves the existing conflicts in a way which neither individuals’ fundamental rights nor national security of states is breached. Since a solid cornerstone, its serious supervisory mechanism and its enforcement, human rights obligations, travers more quickly and more purposeful than any other areas of law and a huge part of such traversing has been caused by restricting states’ sovereignty and establishing observing organs which observe activities of states and their institutions and organs.

Political systems in the contemporary world to ensure political survival and to achieve permanent political acceptance and to prevent the institutionalization of corruption, not only start to organize some Regulatory organization, but also provide Regulatory powers for such organizations as The right to research, question, getting informed and find out the on process things. On the other hand, according to 57th article of the Iranian Constitution, the supreme leader can control the Islamic system. Present research with a jurisprudential method, wants to study such authority in the Islamic Republic of Iran for the supreme leader And it does not consider the justification of the prohibition of espionage and bad opinion, and Necessity of good opinion and justifies it as such.