Mechanisms for Protection of Victims Against Organized Crime of Legal Entities
Afshin
Parsaei
Student, Department of law, Bandar Abbas Branch, Islamic Azad UniversityIran, Bandar Abbas
author
Alireza
Saybani
Assistant Professor, Department of law, Bandar Abbas Branch, Islamic Azad UniversityIran, Bandar Abbas
author
Amirhossein
Rahgosha,
Assistant Professor, Department of law, Shiraz Branch, Islamic Azad University, Shiraz
author
text
article
2021
per
The combination of the term organized crime with the concept of criminal offenses is one of the sophistications of today's design of strategies for protecting the victims. Committing various organized crimes such as trafficking in human beings, import of psychotropic drugs, organ trafficking, import of cars and stolen goods to other countries and many crimes against health, with the name of legal entities, and up-to-date behavior along with the significant complexity of the crime. Their actions have led to a growing number of instances of violations of the rights of victims and numerous damages to various communities. In Iranian law, the scatter and uncertainty, coupled with the ambiguity of the relevant regulations, have created the basis for a maximum violation of the principle of protection for victims. Therefore, this paper tries that the identification of principles and requirements in the above mentioned forensic and legal aspects can provide a significant defense against the power arising from the organization of legal entities in various crimes. The research method is descriptive-analytical
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
7
26
https://jol.guilan.ac.ir/article_4888_b001c274ef38b0e6aed6c06e2cec44fb.pdf
dx.doi.org/10.22124/jol.2021.16027.1894
Risk Management Approach and its Effects on Iran's Criminal Justice System
Jalaladdin
Hassani
Department Law, Humanities, Islamic Azad University of Qom
author
Seyedmahmud
Mirkhalili
Law Department, Faculty Law, Farabi Pardis of Tehran University
author
Mohammadreza
Nazarinejad
Law Department, Humanities Faculty, Guilan University, Rasht, Iran
author
text
article
2021
per
Criminality is a natural phenomenon in society and one of the approaches available to it is the crime risk management approach. In this approach by utilizing the gains of forensic justice and the use of criminal statistics, the risk levels of each of the crime categories are assessed and the high-risk offenders with the most severe responses and the low-risk offenders with the softest responses are encountered. There are clear examples of this approach in the approaches of the Iranian criminal justice system. Ranking and determining punishable sanctions, prohibiting the imposition of penal sanctions on certain crimes, and imposing a punitive punishment for failure to execute retribution are examples of the Iranian penal system's approach to crime risk management. In addition, criminal justice appointments, special criminal proceedings, and so on are the most important frameworks for implementing the criminal risk management approach of the Iranian criminal justice system. From these examples, it can be concluded that the criminal risk management approach is openly accepted by the Iranian criminal justice system
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
27
52
https://jol.guilan.ac.ir/article_4892_6bbb26342565252e3f32fe5216c62dc6.pdf
dx.doi.org/10.22124/jol.2021.11380.1581
Criminal Enforcement Guarantees of Violation of the Principles of the Constitution; a Case Study of Violations of Freedoms and Fundamental Rights of Individuals
Mohaddeseh
Zeraat
Allameh Tabatabaei university
author
Abbas
Zeraat
Professor of Law, Kashan University
author
text
article
2021
per
Constitutional law as a fundamental law is of great value and validity. But this validity and importance is prominently cultural and ethical giving it a spiritual worth in nature. The Guaranteed implementation of constitutional provisions depends on the firm conviction of the government and the nation. This means that the deeper they believe in constitutional law, the better guarantees they can have for their implementation without violations requiring prosecution or condemnation. However, constitutional principles cannot be abandoned without administrative guarantees especially in non-democratic countries. Therefore, the ordinary legislator should also consider guarantees for criminal enforcement. A group of important provisions of the Constitution of the Islamic Republic of Iran is related to the fundamental rights and freedoms of the people. Given that the government is the guarantor of their realization, these must have a stronger guarantee of implementation. These rights have been enshrined in a number of constitutional principles, but most of them are in Chapter 3 of the constitution. The purpose of this article is to explore the guarantee of criminal enforcement of these rights. Article 570 of the Islamic Penal Code passed in 1996 envisages the most important guarantee of the enforcement of these rights. However there are some subtle points related to it that call for deep research. The present paper attempts to address this article (570), its relationship with subject matter of other legal articles and the intended rights and freedoms
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
53
74
https://jol.guilan.ac.ir/article_4885_b4f1fcca063916fc59624e8754e037ab.pdf
dx.doi.org/10.22124/jol.2021.16356.1909
Meaning of the “Interests of Justice” in ICC and the Competent Authority to Establish it in the light of Afghanistan Situation
Sadegh
Salimi
Associate Professor of Law Faculty, Islamic Azad University, Tehran Central Branch
author
text
article
2021
per
According to Article 53 of the ICC Statute, in addition to jurisdiction and admissibility, an investigation or prosecution should not violate the interests of justice. Any prosecution and investigation are presumed to serve the interests of justice unless taking into account the gravity of the crime and the interests of victims otherwise proved. Pre-trial Chamber II admitting the gravity of alleged crimes, admissibility and jurisdiction rejected the prosecutor’s request for authorization of an investigation in Afghanistan in April 2019 arguing that it would not serve the interests of justice redundant. The Appeal Chamber reversed the impugned decision and authorized an investigation on 5th March 2020. While based on all 5 situations so far decided and The Office of the Prosecutor Policy Paper on the Interests of Justice, the Pre-trial chamber judicial review had been recognized the Appeal Chamber held that the prosecutor might exclusively establish it. In this descriptive-analytical study, having analyzed what the meaning of interests of justice and competent body to establish it are, it is found that the pre-trial chamber had rejected the authorization request because the chamber believed that it was unlikely or even impossible that investigation would result in the statute objectives. It seems that the pre-trial chamber was influenced by some extra-judicial considerations. The appeals chamber preferred justice and equality before the court
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
75
98
https://jol.guilan.ac.ir/article_4887_47f13c54bdcf07384e14436433599529.pdf
dx.doi.org/10.22124/jol.2021.16088.1893
The Inadequacy of Start Crime Rules in Had Offences
Kourosh
Azimi
University of applied sciences, Guilan province police force center
author
Hasan
Shah malek pour
Guilan university law department
author
text
article
2021
per
The commencement of a crime is a situation in which the offender, despite the decision to commit a criminal act preparation and entering the implementation stage, for some reason, it is beyond his control, does not reach the desired result. Of course, this accidental factor has nothing to do with the evil intention of the offender and maybe if he did not encounter an obstacle, he would achieve his goal. So there is no doubt that the crime starter - however less than the complete crime agent- is punishable and deserves to be blamed. Article 122 of the Islamic penal code also follows this idea and considering the circumstances, knows that the starter of crime is punishable. But given the dominant circumstances of Had crimes, it seems that the determination of punishment in paragraphs A, B and C of the mentioned law, and where it is related to the Hads, is insufficient and imperfect. These bugs show up more when most Had crimes in the early stages (committing a crime) not having yet the title of Had and basically, they are punishable behavior, So like the before (For example, Article 613 of the IPC on the commission of attempt the murder or 655 of the IPC on some types of starting theft…) it may be better that just crimes that the starting of them is imagable, to be criminalized below the relevant legal provisions and appropriate punishment for them to be considered.
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
99
122
https://jol.guilan.ac.ir/article_4886_1359666155bde7f58ea1e70caf893745.pdf
dx.doi.org/10.22124/jol.2021.16350.1908
Pathology of “Students Disciplinary Regulation “ from the View Point of Drug Abuse Prevention
Hassan
Ghasemi Moghadam
law department yazd university
author
text
article
2021
per
Drug abuse prevention among students to be planned and enforced a disciplinary regulation that prohibits all effective conducts including abuse advertising or encouraging, possessing or distributing abuse means explicitly. Also excluding measures could not be used against addict students without regarding redundant the correctional purposes and mechanisms. Because this manner of treating leads to ignoring the causes and focusing on the effects, then it deprives education by which makes him more addicted. moreover the proportionality between the disciplinary sanction and the violation has an effective role in achieving preventing purposes. This study was descriptive-analytic and targeted to explain the shortcomings of the “ students disciplinary regulation”, to play preventing role. Regarding criminological basics this study shows that the “ regulation” lacks the necessary probabilities to drug abuse prevention among the students, because of shortcomings in legislating all conducts related to substance abuse as violation, ignoring correctional mechanisms, and disproportionality in penalizing.
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
123
149
https://jol.guilan.ac.ir/article_4895_6cef0961beb84df9a84287f31b7d4515.pdf
dx.doi.org/10.22124/jol.2021.17232.1959
Qisas in the Duality of Stability Oriented and Functionalist Readings
Hassan
Maldar
PHD student of Ferdowsi university
author
Abdolreza
Javan Jafari
Associate Professor of Law, Ferdowsi University of Mashhad
author
Seyyed Javd
Sadati
Assistant Professor of Law, Ferdowsi University of Mashhad
author
text
article
2021
per
Qisas is one of the most important shapes of punishment in the Penal structure of Sharia. About this matter that Qisas is fixed penalty there are two different kinds of reading in Sharia penal theory. The famous theory believed that Qisas is a fix penalty and times and place requirements have no impact on it. This reading is stability oriented reading. In contrast to this reading we can talk about functionalist reading. Based on this reading, Qisas is a social phenomenon and its continuity redundant depends on its social function. So, if in the time passing, Qisas failed to perform its social function we can replace it with another kind of punishment.
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
151
174
https://jol.guilan.ac.ir/article_4889_604373ba8027f1e334aeec0523067762.pdf
dx.doi.org/10.22124/jol.2021.15885.1874
Interpretation of the Note of Article 292 of the Islamic Penal Code in the light of the theory of indirect Intention
Abbas
Mohammadkhani
Assistant professor of ilam University
author
text
article
2021
per
The Iranian legislator has devoted three counts in Article 292 of the Islamic Penal Code to Khata Mahz as one of unintentional crimes, in note of the same article stated that perpetrator knowledge to realization of a crime, converts his crime redundant to a deliberate crime. Although some jurists regard the sentence as a reckless manslaughter, the accuracy of the jurisprudential sources as the primary source of legislation in this debate as well as the general principles of criminal law regarding the mens rea of the crime shows that the sentence provided for in Article 292 is not a new one and is in line with other articles of the Islamic Penal Code, such as paragraphs B and C of Article 290 based on indirect intention. From this point of view, when the perpetrator does not want to achieve the result, but knows that his or her behavior is typically and usually conducive to the outcome, he or she will have an indirect intention
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
175
192
https://jol.guilan.ac.ir/article_4899_07603606553874b2f680a59207ac6388.pdf
dx.doi.org/10.22124/jol.2021.15783.1869
Analysis of Factors Affecting Non-reporting of Victimization
(Case Study: Male Students of Ferdowsi University of Mashhad)
Mohsen
Nourpour
Graduated from Ferdowsi University of Mashhad, PhD in Criminal Law and Criminology
author
Seyyed Mahdi
Seyyed Zadeh Sani
Assistant Professor of Law, Ferdowsi University of Mashhad
author
Mohammad Yousef
Naseri Fourg
Master of Law, Islamic Azad University, Birjand Branch
author
text
article
2021
per
Non –reporting of victimization to police-judicial authorities and inaccessibility to the black victimization figure is one of the major problems with criminal justice systems. Self-reporting of victimization in the form of victimization surveys is one of the scientific-experimental ways of achieving the true victimization figure. Currently, this method is recognized in many countries, and even internationally, as a grandiose Strategy. While in Iran, these surveys not only have no place in the executive-policy-making structure, but also face severe scientific poverty at the level of research literature. The purpose of this study was to investigate the unreported victimization rate and the factors affecting it in the last five years among male students of Ferdowsi University of Mashhad. The statistical population was all male students of Ferdowsi University of Mashhad in the second semester of the academic year of 2015-2015 among whom 350 students were selected using Cochran formula. The results show that more than half of the victims did not report the actual casualties for various reasons. The highest incidence of victimization is related to financial and street crimes including theft, purse and pocket crime, while the lowest incidence of victimization is related to sexual offenses related to the redundant reputation of the victims.
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
193
218
https://jol.guilan.ac.ir/article_4891_167a28e6e0d690c93128eae48c1917af.pdf
dx.doi.org/10.22124/jol.2021.15493.1842
Guaranteeing the Implementation of Legal Entities with the Emphasis on Criminal Functions in the Legal Systems of Iran, England and the United States
Amin
Nikoomanazari
PhD student in criminal law and criminology at ShahidBeheshti University
author
Bagher
Shamlo
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
author
text
article
2021
per
The status of the guarantee of the performances of legal entities considering their credit and hypothetical existence is different from the natural persons committing crimes, so that most of the real persons’ punishment such as the physical one cannot be imposed on legal entities. The Islamic Penal Code laid down in 2013 opened a new chapter in the Iranian criminal law having approved of the criminal liability of legal entities and imposed penalties on these individuals. The present article, with an analytical-descriptive approach, examines and analyzes the guarantee of criminal performance in these three mentioned systems, and the analysis of present findings indicates that despite the credit and hypothetical existence of legal entities, punitive functions such as deterrence, correction. , Empowerment, etc. can apply to a legal entity. Studying and applying the penal systems of the United States and the United Kingdom can help us believe in the fact that Iran's criminal law does not provide adequate mechanisms for punishment and cannot cover the functions of punishment well.
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
219
236
https://jol.guilan.ac.ir/article_4884_af92199a75748e257bde921ae0e9eaa1.pdf
dx.doi.org/10.22124/jol.2020.16768.1926
Criminalization of Competition Law, Dimensions and approaches of legal Systems
Mohammad Hosein
Vakili Moghadam
Private law Department- Hazrat- Masumeh University- Qom- Iran
author
text
article
2021
per
Part of the enforcement of competition law is achieved through the use of criminal law and the criminalization of anti-competitive behavior. In this method, due to the importance of maintaining commercial competition in the market, relying on criminal law Mechanisms as the most effective and efficient methods of guaranteeing legal rules is used. The purpose of this article is to use a comparative study to explain the effective components in realizing the effectiveness of criminal law, enforcement guarantees and to review and evaluate the position of Iranian law. This article tries to explain the necessity of criminal intervention in competition law, how to determine the proportionality between criminal enforcement guarantees and anti-competitive behaviors. Based on some legal capacities in Iran, it seems necessary to accept the concept of optimal enforcement sanctions and amend the existing law and procedures accordingly. This involves recognizing the impact of rights on the economic, social, and normative components.
Criminal Law Research
University of Guilan (with the participation of the Iranian Association of Penal Law)
2322-2328
12
v.
1
no.
2021
237
256
https://jol.guilan.ac.ir/article_4890_9d3fa80676ef8921cbb0dbcd14cce69b.pdf
dx.doi.org/10.22124/jol.2021.16396.1913