نشریه دیدگاه های حقوق قضایی
پیاپی 93 (بهار 1400)

Suspension causes paralysis of a contract, but it does not stop and do not cause death. In other words, the suspension is the temporary suspension of the implementation of the obligations of one or both sides of the work relationship, which may be forcible or optional. Maintenance of the work relationship and retaining work records prior to the suspension are two absolute and irrevocable effects of the suspension. The two other effects of suspensions are the following: including of a suspension period as part of the work record and the non-payment of the wage during the period of suspension. Here, the different types of suspension, with respect to these two effects of the suspension, have different characteristics and legal effects. On the one hand, including of  periods of suspension as periods of employment or as retirement records, On the other hand, cases of suspension of a work contract without payment of salary and benefits of suspended periods, cases of suspension of employment contract with payment of salary and benefits of suspension by employer, Finally, the cases of suspension of employment contract with compensation or unemployment benefit by the social security organization are discussed in this article by descriptive-analytical method.

Throughout human history, why and how punishment has always been the subject of debate and attention of scholars, followed by various ideas for justifying punishment. One of the most fundamental ideas is to justify the deterrence punishment, with the ultimate aim of intimidating and inscrutable. The present study seeks to assess the deterrence of sentences and fines. For this purpose, among the cases of the crime of theft in the Mashhad jurisdiction, 100 cases of imprisonment and 100 cases with a cash penalty were randomly selected among the convicts who were executed in 2014. One year after the execution of the sentence, it was considered as an opportunity to Recidivism, and then they were inquired about each of them to determine whether they had committed a crime within a year after the initial conviction. The results show that 25% of convicts have been sentenced to imprisonment and 15% of convicted offenders have committed repeat offenses. There is also a significant relationship between demographic variables with repetition of crime in repeating offenderschr('39') convicted offenders, in contrast to cash penalties.

Myanmar located in Southeast Asia has been engaged in ethnic and religious conflicts since 1948 and it’s Muslim minority have been discriminated and oppressed by the majority Buddhists. Events and violence in Rakhine state in 2012 led to mass killings, rape and displacement of hundreds of Muslims in this country. In September 2017 Buddhists killed at least 1000 Muslims such as women and kids that caused grave international responses. This event is among international crimes that have not been trialed in any court and have been legally remained silent. According to recorded facts and international laws, it seems the deliberate destruction of Muslims by Buddhists in Myanmar can be crime of genocide or crimes against humanity and If so, it will be arose competent court and the responsibility of the Government of Myanmar in this regard. This article examines the incident of Myanmar from the perspective of international criminal law. On this basis, examining the legal aspects and descriptions of these events indicates that multiple international crimes occurred in Myanmar and the international community should form an international tribunal for proceeding.to prevent of remaining these crimes unpunished.

One of the non-judicial methods to resolving legal disputes is refer to arbitration. Using of this method is prevalent in many cases and recommend because it can help to reducing the inputs of the judiciary and consequently decreasing the length of the trial. However, some disputes are not, because of some respects, arbitrable. In the Iran legal system, there is no legal explicit clause for the non arbitrablity of labour disputes and the Invalidity of the clause of arbitration in the labour contract, However, some of the principles and special considerations of labour law have made it doubtful.
This paper, using a descriptive and analytical method, after examining the presentable arguments on the validity or invalidity of referring to arbitration in labour disputes, ultimately concludes that labor disputes, subject to observance of the mandatory rules and the minimum protective standards of labour law, are arbitrable and accordingly, the clause of arbitration in the labour contract is correct.

The aim of trial in contentious affairs is to remove action and ending dispute between litigants. The action usually ends by a competent court’s final decision; but it is not finished, if the contradictory judgments have been held about the same subject matter, because one or both of them are definitely unjust. In order to resolve this inconsistency, Iranian Code of Civil Procedure provided the retrial (whenever the opposing Judgements are issued by the same court) and appeal (when the inconsistent judgements are considered by the same or different courts). By examining the conditions of each of these two methods, it appears that the territory of dissolving contrary judgments by appeal is wider than by retrial. Given that each of these methods have a specific base and foundation; it should not be possible to utilize them on the same cause. Even if there is contradiction between two decisions of the same court, the appeal can remove inconsistency. Therefore, the feasibility of retrial is unnecessary and for this reason, it is necessary to amend article 426 of the Civil Procedure Code.

The punishment of the deprivation of liberty has been widely welcomed in the two areas of legislation and the judiciary. Given the emergence of penal schools from classical to neoclassical school, the imprisonment has always changed in terms of both quantity and quality of the execution worldwide as a result of changes in the purposes of punishments, but to what extent do these changes affect the Iranian legislature? The outcomes of the above-mentioned schools and paradigms governing the imprisonment are accepted when the General Penal Code was passed in 1925. As the Islamic Revolution of Iran took place, the classification of punishments and the maximum reduction of imprisonment rate as tachr(chr(chr('39')39chr('39'))39chr(chr('39')39chr('39')))zir are obtained as result of Islamic Penal Code (referred to in Iran simply as sharīʿa) passed in 1983. Despite the above-mentioned changes, paradigms governing the punishment of the deprivation of liberty have always played a significant role in the Iranian legislature’s tendency towards the imprisonment

Statute, the rules of procedure and jurisprudence of International Criminal Tribunals have prescribed when the evidence is presented by prosecution and accused, it’s not necessary the innocent or guilty of accused be exhibited certainly, rather, this will be specified at the time of sentencing and considering the evidence as a whole and review in terms of strength and weakness. So it may the raised evidence that is not a high degree of validity be admitted. when the method of obtaining evidence by prosecution has violated international human rights instruments, the judges are not required reject it unless these violations, jeopardize the rights of accused severely. Therefore from regulations and jurisprudence, it can be seen the interests of victims predominated on rights of accused. While the establishment of peace and reconciliation in unquiet areas will be possible provided that justice to be implemented not only on victims but also accused. For this reason, it is necessary that regulations related to evidence in Statute of the International Criminal Court which has taken steps on the long way of administration of justice, be revisited

Abstract
 
According to article 279 of Islamic Penal Code enacted in 1392, the statement of: "however causes no security in environment" expresses that the essence of Muharibah is not absolute and requires the existence of no security as a result of Muharibah. In some cases of this crime, the lack of security is not because of the crime itself but is resulted from factors like selective publication in media, calling the actor of crime as Evil and Dracula, propaganda and broadcast of recorded cameras from the scene of crime. This form of no security which has been known as "fear of crime" in criminological approach, is alike because of possibility of victimization in both of these conceptions but is different from no security as a result of Muharibah, so the distinguish between these two kinds of no security will be hard and problematic. In this article, the authors try to show the necessity of this distinguish and avoid from the developing of the subjects of the crime.

Judges, in their position of dispute resolution and justice-enforcement, constantly depart the legislators’ intention, through interpretation, towards the valuable goal of justice and righteousness. However, they might walk dissimilar pathes in their journey which, in turn, might end up being seen as a threat to the valuable rule of law. However, we might be right in thinking that the judges’ interpretations cohere into a unity, plurality within unity, not merely through the legislation, or even legislator’s interference to create unification, but also, and even more importantly, through the power and coherence resulting from the common sense, which frames their understanding of law and fact. Commons sense, that is, the direct and self-evident understanding of common people from the existences, including the legal system, creates a coherent and powerful whole drawn upon the history and presence of man’s knowledge and contemplation. Such framework will, on the one hand, provide Judgement with coherence and attribution to social realism. On the other hand, though, will encumber the other function acclaimed by judgement, that is, justice and emancipation. Commons sense, thus, highlights the tension between the regulatory and emancipatory causes for the judicial theory.

On the one hand, age, sex, nationality, illness and its physical and psychological outcomes on the one hand, as well as specific situations that expose the person to victimization, are among the most important factors that make the victim vulnerable and facilitate victimization. These victim groups must be supported by special legal protections to prevent repeat victimization, providing integrated support that simultaneously covers specific needs. The severity of the offense and the types of damage sustained should be considered and the absence or existence of the relationship between the victim and the perpetrator, as well as his / her situation and conditions in the community, should not be overlooked. The extent to which different types of protection are considered by the Criminal Procedure Law (1392) is the subject of this article.