فصلنامه پژوهش حقوق کیفری
پیاپی 27 (تابستان 1398)

After half a century from the first provisions on air pollution in Iranian cities in an amendment to the Municipal Act in 1967 and on the basis of experiences gained from 22-year enforcement of the Prevention of Air Pollution Act of 1995, Iranian legislative and executive branches passed the Clean Air Act in 2017. Although this Act has some weaknesses, but its strengths, in particular improvement of criminal provisions and its innovations compared to the Prevention of Air Pollution Act, have created the hope that by enforcing it, the catastrophic situation of air pollution would be resolved. The most important improvements of criminal provisions in this Act are: 1. increasing criminal liability of juristic persons, 2. coherence of punishments, 3. anticipating modification of fines, 4. Increasing punishments. The most important innovations of it also are: 1. using the economic tools, 2. renovation of motor vehicles, 3. sampling and monitoring of pollutants by industrial units, 4. production and supply of renewable and clean energies, 5. increasing the green space of cities, 6. combat dust phenomenon, 7. granting the position of sheriff's officer to the protection unit of Department of Environment, and 8. providing specialized courts in the field of air pollution.

In the recent decades, Iran has been faced with this challenge too. The research question is that, by using of systemic formwork, what are the important approaches related to crimes pre-emption in Iran? The important crimes pre-emptive approaches consist of: boost of communicative and information approach between judicial system and society, civil associations, elites and citizens, boost of civil and informal control frameworks, serious using of socio-cultural control frameworks and new-institutional capability- building in judicial system as well as a serious willing to crime pre-emption and law sovereignty. The final conclusion of research is that, in spite of legal frameworks and new institutional capability building, yet the judicial system has not been complete successfulness in pre-emption of crimes. Earning of this aim entails using of mentioned communicative-systemic approaches and security and economics ones that needed another researches. This study has been conducted with analytic- theoric method and functional approach by using of systemic theory and model in pre-emption of crime.

"Iran and England Courts' Approach to Effects of Murdered's Deliberate Behaviour in Interrupting of Cause Link" Abstract: In debate of cause link, factors may interfere after committing accused's behaviour and before realization criminal result for creation it, in the way that real attribution fact to accused faces to difficulty. One of these factors is victim's behaviour. Sometimes his/her behaviour (act or omission) in happening criminal result, acceleration or resonance have casual effect. In this article, several patterns of Iran and England courts' verdicts are analysed and judgs' approach to causal effect in the final result of accused's behaviour and it's importance in remove or diminish of his responsibility is evaluated. This evalution clarify that the current casual judgment in criminal law is relative and not only from one judicial system to another judicial system is different but also is different from one court to another court in same criminal system even in different stages of one trial

In the wake of the Shari’a of the Guardian Council, the jurisprudential title "Shari'ah Ta'zir" entered the Iranian criminal justice system and the enforce of many established institutions that have enjoyment aspect like Postponement of sentence and suspension of punishment and time lapse have ceased to this subject that those institutions are not the example of Shari’ah-based Ta’azirat. However, the legislator has not provided any definition of Shari’ah-based Ta’azirat, and it is the responsibility of the prosecutor to determine its recognition and understanding of its implications. This has led to numerous and conflicting procedures in the courts. Therefore, the recognition of the basics and the examination each legal its examples and comparison with nonShari’ah-based Ta’azirat requires the necessity of this research. Based on The result of the research, the definition of the Shari’ah-based Ta’azirat is those guilty and forbidden conduct that have been determined Ta’azir in the correct and valid narratives. That is, the type of punishment is also specified, but its size and precision are not stated and are left to the judge. The examples of the Shari’ah-based Ta’azirat in the Islamic Penal Code are based on narrations and this limitation merely refers to these legal examples.

Regarding the amount of blackened diamond that has been blackened (Al-Sun al-Awsud), the fatwa of the Imams is different and different; As the present paper of the subject in the written jurisprudential legacy has identified four theories in the assumption of the problem: 1. Three thirds of a healthy diyeh. 2. A quarter of a diy's proof. 3. Arsh's proof. 4. A detailed view (a third of a diyeh in a corrosive black teeth and an arshash fixation in a black teeth that is not weak). However, the legislator of the Islamic Penal Code chooses from among the existing votes the famous view (the third of the bill), which reflects the following in Article 619: "... Diyah teeth that have already been blackened, one third of the Diyah is the same teeth" But the results of this research suggest weakness of this view. In the descriptive-analytic research, and in a problem-oriented manner, after the explanation of the words in the problem, they have tried to evaluate and analyze them and evaluate their validity in the balance of the jurisprudence. The results of the research show that the only view that can reasonably be defensible is the promise of the

The uncertainty surrounding the ability of the ordinary justice system to fight corruption and the concern for impartial treatment and fear of intrusive influence have forced many countries to establish SpecialisedAnti-CorruptionInstitutions and specialised anti-corruption courts. The general reason for the establishment of specialised anti-corruption courts is to increase the certainty of the execution of the penalties and the special reasons are to increase the efficiency, integrity and experience. In the countries through the world, there is no standardized model for specialized anti-corruption courts, and there are various models in the judicial hierarchy depending on the countries' requirements and their needs for expertise. Some countries have only foreseen a special judge, and some countries have developed special courts of special primacy, while others have established Hybrid courts that in some cases act as court of first instance and in other cases as appellate courts. And ultimately, at the highest level of the response to the expertise, some countries have created a system of comprehensive special courts, which is also the width of the ordinary judicial system. Although the Specialised anti-corruption courts in the Islamic Republic of Iran are specific in their formation, they have many share points to global models.

Existentialism is a philosophical school that gives a special importance for two principles of "freedom" and "responsibility". Jean-Paul Sartre, with philosophical arguments, comes to the conclusion that "human is condemned to freedom" and thus perceives the deepest possible form of freedom for human. Given the freely-centered approach of existentialism and because the concept of freedom enjoys a distinguished standing in the school, involvement of idea and components of the school in the world of criminal law gives us a significant analysis and inferences. By examining the demands of existentialism in the field of criminalization and decriminalization, it is evident that any restriction of personal freedom is in confrontation and conflict with the principles of existentialism and accordingly, the theories of paternalism and legal moralism, according to this school of thought, are threatening the individual freedoms. According to the idea of existentialism, resort to criminalization is permissible when freedoms of individuals are subject to damage. In this regard, the scope of individual freedoms in criminal law is broader, it will be closer and more compatible with existentialist demands and vice versa, limitation and narrowing individual freedoms and extreme and maximum criminalization will be in contrast to criminal approach of existentialism.

More behaviors are entering criminal responsibility by approval the law on new offenses. In some forms of criminalization and penalization, the use of various types of criminal referral techniques in identifying the crime, determining punishment, and defining the label and title of criminal, citizens and activists of the judicial system are referred to multiple criminal or non-judicial texts. Awareness to people about how to behave and coexist peacefully are legislative goals that will be undermined by the use of criminal labelling without observing the rules, principles and requirements of the legislation. The fair labeling principle is one of the fundamental principles of criminal intervention, which should always be considered by legislators in the process of constitution in order to determine the title and description of the legislator, in order to transferring the functions of the criminal label and the message of the criminal policy makers in a proportionate and realistic way to contacts. In the present study, in addition to the review of criminal referral conceptual scope as one of the most widely used methods in the process of legislation, this technique is evaluated and analyzed in the light of the fair labeling principle.