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

Industrial property rights are important issues that play an important role in the technological and industrial development of countries. Criminal guarantee for the protection of this type of intellectual property rights and its examples such as trade secrets and trademarks have received less attention and investigation. The purpose of this article is to investigate the criminal guarantee for breach of trade secrets and trademarks from the perspective of jurisprudence and Iranian law and French law. This article is descriptive and analytical, and it has investigated the mentioned subject by using the library method. The findings indicate that in French law, the punishment of imprisonment and fine is determined as a criminal sanction for the violation of trade secrets and trademarks. In Iranian law, unlike French law, there is no criminal protection of trade secrets and there are no comprehensive laws in this regard. Trade secrets are not mentioned in any of the articles of the patent law, and only the law of electronic commerce and the law of computer crimes and the law of publishing and free access to information have implicitly and limitedly mentioned and supported this right. Violation of the confidentiality of trade secrets is mentioned in the laws of Iran in scattered laws and in a vague and incomplete manner. Another point is that the French law for the violation of trade secrets and trademarks has determined a monetary penalty of up to one million francs, which is in line with decriminalization and reducing the motivation of industrial property crimes, which are mainly financial, because the economic benefit of committing the crime is largely eliminated.

The child is one of the most vulnerable members of the family, who needs support especially in the case of parents' divorce. Child alimony is one of the important issues in Imami jurisprudence. In this article, this important question has been examined: what is the opinion of Imami jurisprudence regarding Child alimony and what is its criminal sanction from the point of view of jurisprudence and legal issues? This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings showed that from the perspective of Imami jurisprudence, child alimony like relatives alimony is father's responsibility to pay it, and if the father is deceased or unable to pay the children's financial support, the grandfather will be responsible for paying the Child alimony. If he is unable to pay, the mother will be responsible for providing the expenses, and if the mother is not alive or is poor, it will be the responsibility of his/her grandfathers. The criminal sanction for not paying the child alimony is imprisonment.

Alimony for pregnant women and fetuses is one of the important topics that an attempt was made to analyze it in the light of variable verdicts and to examine its criminal sanction. The current paper is descriptive and analytical and has been explored using the library method. The findings of the present paper indicate that alimony of the wife and fetus is the responsibility of the man, but if the woman leaves her husband's house due to her refusal to fulfill her marital duties, her alimony will be reduced, and the fact that the woman is pregnant has no effect on the reduction of her alimony. But the child's father is responsible for maintaining and alimony of the fetus. Regarding the alimony of a pregnant woman, according to the opinion of most jurists and civil law, if a woman is in a retrograde divorce, she is entitled to alimony and during the period of idah, but a divorced woman is entitled to alimony only if she is pregnant. But regarding the alimony of a pregnant woman of dead husband, the woman is not entitled to alimony. The alimony is one of the subjects that are affected by variable sentences due to the consideration of the time requirements and conditions of the wife and the examples of alimony, which are subject to the custom and social conditions of the wife. Husband refusal to pay alimony to wife is punishable by imprisonment penalty.

The wife has several rights in the relationship with the husband. Some of these rights are called financial and economic rights. The wife's economic rights include dowry, alimony, retribution. The main purpose of this article is to examine the guarantee of criminal implementation of the wife's economic rights.

This is a leading descriptive-analytical article using a library method.Ethical considerations: In different stages of writing the article, ethical and scientific principles have been observed, including the scientific and accurate use of scientific resources.

Not all cases of wife's economic rights have a criminal guarantee. The use of criminal guarantees in couples' relationships is not very compatible with the foundation and philosophy of family and marriage, legislator's approach in this regard is minimal.

Regarding the economic rights of the wife, only the dowry and alimony of the criminal guarantee are provided. Regarding the dowry, with the issuance of the recent directive of the Judiciary, which has restricted the execution of imprisonment sentences for non-payment of dowry, the criminal guarantee has been practically abolished. The legislature has also set a penal guarantee for imprisonment for alimony, but the fact of the matter is that the punishment of imprisonment for leaving alms does not affect the wife's condition. Therefore, instead of imprisonment, it is better to consider other punishments, such as being sentenced to forced labor in certain centers and paying its wages to the convict.