Journal of
Criminal Law and Criminology
Number 18
Vol. X ● No. 2
Autumn-winter 2022
Managing Editor: Vahid Eshtiagh
Editor-in-Chief: Mohammad Ashoori
CONTENTS
Notices the Course of Criminal Proceeding in Iran and the United Kingdom: Freedom or Restriction of Media (Investigating the Thalidomide Case)
Dr. Alireza Azizi & Dr. Mohammad Ali Mahdavi Sabet
The Structure of the Execution of Iranian Criminal Sentences in the Light of the Principle of Judicial Independence
Dr. Hasan Ali Moazenzadegan & Behzad Jahani
Instrumental Crimes in terms of Rational Choice Theory and Evolutionary Psychology
Vahidreza Masoumi & Dr. Behzad Razavifard, Dr. Hosein Gholami, Dr. Farideh Hosseinsabet
Challenges of Imprisonment in the Light of International Cooperation Agreements
Dr. Mohammadali babaei & Parisa Saghafi
Warnty Criminal’s Law in Minimal State Challenges and Strategies
Dr. Alireza Jamshidi, Dr. Mojtaba Shirood Bozorgi
The mechanism of power and its impact on the punishment of citizens
Dr. Taher Tohidi & Dr. Mohammad Ashouri
Institutionalizing restorative justice procedures in the police
Dr. Ebrahim Rajabi Tajamir
The State of Empirical Approach to Punishment in Iranian Criminal Law
Dr. Rahim Nobahar & Mohammad Javad Kebriti Kermani
Starvation of the Civilian Population as Crimes War Crime
Dr. Mohammad Hadi Zaker Hossein
Iran’s Criminal Policy Against Drug Prescribe Inductive
Mohammad Pirvaram, Dr. Shadi Azimzadehshadi
The Development of Forgivable Crimes in the Penitentiary Reduction Law: A Practical Review of Challenges and Achievements
Sadegh Fetili, Dr. Rashid Ghadiri Bahramabadi, Dr. Majid Sadeghnejadneini, Dr. Maryam Naqdi Durbati
Compensation Strategies for The Spiritual Damages Caused by Crime in Iran’s Law System and England, France and America
Maryam Sadeghnia, Dr. Gholamreza Mohammadnasl, Dr. Yasaman Khajenoori
The Impact of Human Rights on the Criminal Policy of the International Transfer of Sentenced Persons
Hossein Erfanimoghadam, Dr. Mohammad Ashouri
The Divergence of the Nature of Drug Crimes in the Criminal Law System of Iran And a Comparative Study of Afghan Law
Hasan Ebrahimi, Dr. Rajabali Goldoust Jooybari
Prevention of e-money laundering: Defensive approach and offensive approach
Shahyar Abdillahi Ghahfarokhi, Dr. Batol Pakzad, Dr Hassan Alipour, Dr. Mohammadreza Elahimanesh.
Analyzing the Linguistic Norms in the Iranian Criminal Courts Based on McMennamin’s Forensic Discourse Model: A Case Study on Karbaschi’s Defense Sessions
Farangis Abbaszadeh, Dr. Bahman Gorjian, Elkhas Veysi, Dr. Mohammadreza Elahimanesh, Dr. Mehran Memari.
ABSTRACTS
Notices the Course of Criminal Proceeding in Iran and the United Kingdom: Freedom or Restriction of Media (Investigating the Thalidomide Case)
Dr. Alireza Azizi
Ph.D. in Criminal Law and Criminology, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
Email: aazizi30@gmail.com
&
Dr. Mohammad Ali Mahdavi Sabet
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran, Corresponding Author.
Email: m-mahdavisabet@srbiau.ac.ir
Abstract:
Press freedom comes from Citizens’ right to information. But this Notices in criminal proceeding following the Corrupts sequences such as disclosure of confidential information, being under pressure by witnesses and jurors and judges & etc. So justified to create the legal restriction & prohibition. Both the criminal law of Iran and the United Kingdom, Are considered the Restrictions for press notices in criminal proceeding. The law of Iran has encountered only one legal ban on illegal recording and on illegal distribution in the form of crime. The law of England criminalized the both conducts for press. Illegal distribution criminalized with the aim of preventing the negative impact of the media and diverting the proceedings, Based on common law illegal distribution describe as crime with strict liability. But as a result of the Thalidomide case, The British Parliament to adhere to that principle, departed too much from strict liability rule by Ratification the contempt of court Act 1981. In total, Iranian press have more freedom in notices in criminal proceeding and confront less often restrictions. But UK procurement restrictions on press freedom are more coherent & accurately than the same in Iran legal system and leads to more responsibility for media.
Keywords: Principle of Press Freedom, Criminal Proceeding, Illegal Distribution, Diverting the Proceedings, the Thalidomide case.
The Structure of the Execution of Iranian Criminal Sentences in the Light of the Principle of Judicial Independence
Dr. Hasan Ali Moazenzadegan
Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabataba’i University, Tehran, Iran, Corresponding Author.
Email: moazenzadegan@gmail.com
&
Behzad Jahani
Ph.D. Student in Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabataba’i University, Tehran, Iran
Email: jahani365@yahoo.com
Abstract:
The execution of criminal sentences is the result of the criminal investigation process and the result of all the previous efforts of law enforcement. The criminal justice system at this stage has institutions and actors that are responsible for enforcing various criminal judgments. An examination of the different legal systems shows that there are two general patterns in the structure of enforcement. In many countries, the enforcement of judgments is entrusted to the judiciary, which itself can be a subset of the executive or the judiciary. Execution of sentences. However, the structure and manner of execution of judgments is based on a series of rules and regulations that are derived from the principles of fair trial. These principles, which are the result of years of human efforts to humanize criminal law, are accepted in international documents and guide lawmakers in establishing appropriate organizations and how to implement criminal judgments. One of the most important principles of fair trial related to enforcement, which has not been discussed so far, is the principle of judicial independence in the execution of criminal sentences, which has two aspects of structural and personal independence; That is, both the institution and the executive judge must be independent. But this principle faces serious challenges in Iran; Because now, on the one hand, the Deputy for Execution of Criminal Judgments is a subset of the Prosecutor’s Office, and the Executing Judge is basically under the supervision of the Prosecutor, both of whom lack full independence in executing sentences, and on the other hand, the Execution Judge has the power to change the sentence. The use of correctional institutions such as parole and suspension of punishment is not contrary to the principle of judicial independence and individualization of punishments. However, in other legal systems, serious steps in the field of structural and personal judicial independence in the execution of sentences The penalty has been lifted.
Keywords: Enforcement of Criminal Judgments, Judicial Independence, Structure, Judge of Enforcement of Judgments, Prosecutor’s Office.
Instrumental Crimes in terms of Rational Choice Theory and Evolutionary Psychology
Vahidreza Masoumi
PhD student of Criminal law and Criminology, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran, Corresponding Author.
Email: v.r.masoumi@gmail.com
&
Dr. Behzad Razavifard
Associate Professor, Department of Criminal law and Criminology, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran
Email: razavi1351@yahoo.com
&
Dr. Hosein Gholami
Full Professor, Department of Criminal law and Criminology, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran
Email: gholami1970@yahoo.com
&
Dr. Farideh Hosseinsabet
Assistant Professor Department of Clinical Psychology, Faculty of Psychology & Educational Sciences, Allameh Tabataba’i University, Tehran, Iran
Email: farideh_hosseinsabet@yahoo.com
Abstract:
The rational choice theories are empowered on explaining the instrumental crimes such as fraud, malversation and other financial crimes. It is due to the consonant of economic human as agent who can evaluate the costs and benefits of consequences his behavior and the financial nature if instrumental crimes. One of the crucial assumptions of rational choice theory is to consider human being as people who are aware and their behavior is egoistic. There is not any harmony between the real society and mentioned assumption, as we can see there are lots of cooperative behaviors among people. The rational choice theories are not successful in explaining criminal decision making cognitive process.
On the other hand, evolutionary psychology as an interactional approach tries to explain that the fraudulently behaviors which end to instrumental crimes, are emerge from cooperative and sustainable strategies. Cooperative and sustainable strategies are emerged as the consequences of evolutionary psychological mechanism such as theory of mind, empathy and the sense of fairness that are related to cooperative strategies. In some cases these mechanisms pave the way for transmission and stability of cooperative behaviors; but in some occasions they provide necessary situation for executing free riding strategies for people.
This is a descriptive analytic study that is based on fundamental orientation. The data of this paper has been collected based on secondary resources.
Keywords: Instrumental Crimes, Evolutionary Psychology, Rational Choice, Natural Selection, Adaptive Rationality.
Challenges of Imprisonment in the Light of International Cooperation Agreements
Dr. Mohammadali babaei
Associate Professor Grade 21, Department of Criminal Law and Criminology, Faculty Member of Imam Khomeini International University, Qazvin, Iran, Corresponding Author.
Email: m.babaeiali@gmail.com
&
Parisa Saghafi
Master of Criminal Law and Criminology, Faculty of Social Sciences, Imam Khomeini International University, Qazvin-Iran
Email: parisasaghafi21@gmail.com
Abstract:
International agreements for the transfer of convicts to imprisonment are as evidence of the enforcement of a judicial decision of a country in another country. In fact, they are to be contrary to the aims of punishment and the territoriality of the enforcement of a criminal sentence. Nevertheless, the scope of these agreements is increasing day by day, which requires rational justification (that it needs logical justification). The allocation of laws and the limitation of legal principles by these agreements and judicial subrogation of convicting authority is the philosophy of the existence of these acts in the form of a case and exceptional and it has deficiencies that require more survey. In this article, while reviewing these agreements and the implementation challenges posed to it, it will try to provide reasonable justification for this procedure by assessing the basis for accepting agreements as a contract or a standardized contract.
Keywords: Transfer of Prisoners, Execution of Criminal Sentences, International Agreements International legal aid.
Warnty Criminal’s Law in Minimal State Challenges and Strategies
Dr. Alireza Jamshidi
Professor and Faculty Member, Department of law, Faculty of law, Islamic Azad University, Central Tehran Branch, Tehran, Iran.
Email: jamshydy@gmail.com
&
Dr. Mojtaba Shirood Bozorgi
Ph. D. in Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Central Tehran Branch Tehran, Iran, Corresponding Author.
Email: shirodbozorgi@yahoo.com
Abstract:
Citizenship rights form an essential part of the values of each society, therefore, the obligations of each society towards this should be radically expanded in terms of belief and morality within the general system of the society, therefore, the prediction of legal resources that safeguard the interests and rights of citizens it important. The way society reacts to crime is to a large extent related to political concepts and ideologies, and ideological foundations are crucial in determining the direction of criminal law practice, and it is effective in defining the scope of criminal law. Depending on the political system, the level of government interference in individual freedoms and private lives varies, and the increase or decrease in the scope of government interference in this area can lead to bribery or expansion of criminal offenses. The theory of a minimal government believes that people without government intervention can solve their social problems. It also does not rule out the replacement of non-payment performance guarantees; it may even be sacrificed in some cases, even more so than individual rights and freedoms. In this paper, in order to emphasize the rights and interests of citizens and their role in the process of criminal justice, the status of the guarantee of criminal law in a minimum state; effective challenges and strategies to ensure that the basic rights and freedoms of citizens are desirable, provided and guaranteed.
Keywords: Criminal law, Minimal State, Citizen Rights Waranty.
The mechanism of power and its impact on the punishment of citizens
Dr. Taher Tohidi
Ph.D. Graduated in Criminal Law and Criminology, Facuilty of law, Theology and Humanities, Sciences and Research Branch, Islamic Azad Univercity, Tehran, iran
Email: tohidilaw@gmail.com
Dr. Mohammad Ashouri
Professor, Department of Criminal Law and Criminology, Facuilty of Law, Theology and Humanities, Sciences and Research Branch, Islamic Azad Univercity, Tehran, iran, Corresponding Author.
Email: m-ashouri@srbiau.ac.ir
Abstract:
Power exists between citizens in all social relations and its effect on various fields can be clearly seen. Power has also played a role in the field of criminal law and it affects the process of citizen’s punishment. The mechanism of punishment which affects by power can depart from its true path and eventually these affects can punish an innocent person or, in contrary save an offender from punishment. Power in various fields of politics, economy, military, etc. imposes itself on the mechanism of punishment. Any kind of power can affect fair trial and there are many instances of this in the history of criminal law that indicates how much power can affect the process of criminal justice. In famous lawsuits like Alfred and Dommyn’s cases, the evident effects of power can be seen on criminal law. This is an undeniable truth.
Keywords: Power, punishment, Criminal policy, Object, Subject.
Institutionalizing restorative justice procedures in the police
Dr. Ebrahim Rajabi Tajamir
Assistant Professor, Department of Criminology, Faculty of
Enforcement Sciences and Technologies, Amin Police University
and Associate Member of the Scientific Association of Disciplinary Research, Tehran, Iran
Email: E.rajabi.t@gmail.com
Abstract:
Introduction: Due to the institutionalization of the traditional function of the police in preventing the occurrence and recurrence of crime, in the practice of providing security has faced a deadlock. Therefore, this study seeks to identify the challenges and mechanisms for the implementation of restorative processes in the police to respond to the needs of the victim, make the offender responsible, increase the sense of security and restore disrupted order in society.
Method: Qualitative research is applied in terms of purpose. Its sampling is purposeful and with a semi-structured interview tool that is used to collect data from experts and consulting staff of Tehran police stations by snowball method to the point of theoretical saturation.
Results: The most important challenges of implementing restorative justice procedures in the police organization; Lack of rules for police remedial intervention, limitations of mediation in punishments, weakness of effective oversight mechanism, lack of interaction between the judiciary and police, dominance of police organizational culture in peace and reconciliation, lack of verbal communication on restorative justice, inadequate police understanding of application The results of restorative justice are to ignore the consent of the parties in referring to the restorative process.
Conclusion: The most important legal, judicial and executive mechanisms of restorative justice procedures in the police organization; The need to formulate laws for police remedial intervention, the need to draft peace and reconciliation regulations, promote a culture of restorative justice, standardize the behavior of police facilitators and monitor and evaluate them, employ expert mediators and teach them the principles of restorative justice, reform the police structure in Introduced to strengthen the restorative justice approach.
Keywords: Restorative Police, Institutionalization of Restorative Procedures, Mediation, Peace and Reconciliation.
The State of Empirical Approach to Punishment in Iranian Criminal Law
Dr. Rahim Nobahar
Associate Professor, Department of Islamic Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran, Corresponding Author
Email: r-nobahar@sbu.ac.ir
&
Mohammad Javad Kebriti Kermani
Ph.D. Student in Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Email: m_kebritikermani@sbu.ac.ir
Abstract:
Empiricism, as a philosophical school, has been influential in various fields of science through suggesting experiential method. The usage of this method in criminal law is also being expanded. Due to the religious foundations of law in Iran, it is necessary to recognize the possibility of using empirical method in Iranian criminal law system. According to some articles of Iranian constitution, using advanced human experiences and trying to advance them in order to achieve the goals of the Islamic Republic of Iran is necessary. Among the sources of Islamic law is binā al-oqalā i.e. common sense or manner of the wise people and there is no doubt that wise people rely upon experience. Even though experiential studies don’t result in surety and certainty, they bring credible conjecture and Islamic view recognizes credibility of such knowledge. In practice, Iranian legislator has paid attention to the findings of experiential studies less and more in all types of punishments like had (prescribed punishment), qisās (retaliation), diyah (blood money or compensation) and ta’zīr (discretionary punishment). The legislator’s benefit from empirical findings in Iranian criminal law, however, has not been based on statistical and precise studies. This shortcoming, in its turn, has resulted in a huge number of changes which have not been based on considering the previous experiences.
Keywords: Empiricism, Iranian Criminal Law, Had (Prescribed Punishment), Qisās (Retaliation), Dīya (Blood Money), Taʿzīr (Discretionary Punishment).
Starvation of the Civilian Population as Crimes War Crime
Dr. Mohammad Hadi Zaker Hossein
Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Scienc, University of Tehran, Tehran, Iran
Email: mhzakerhossein@ut.ac.ir
Abstract:
Starvation of civilians as a method of warfare is prohibited in armed conflicts. This proscribed conduct is criminalized as a war crime by international criminal law. Taking into account international instruments and jurisprudence, this paper seeks to conceptualize starvation and its constituent elements. As an international crime, starvation requires three elements. First, contextual element and that is the conduct should be committed in the context of an armed conflict. Second, material element which defines the concerned conduct as depravation of civilians from objects indispensable for their survival, which implies that the term of starvation goes behind its literal meaning that is limited to depravation of food and water. Third, mental element which requires the perpetrator to intend to starve civilians as a method of warfare.
Keywords: Indispensable Objects for Survival, Humanitarian Assistance, Humanitarian Law, Armed Conflict, Inchoate Crime.
Iran’s Criminal Policy Against Drug Prescribe Inductive
Mohammad Pirvaram
Ph.D. Student in Criminal Law and Criminology, Faculty of Law and Political Science , South Tehran Branch Islamic Azad University, Tehran, Iran
Email: m.pirvaram@gmail.com
&
Dr. Shadi Azimzadehshadi
Assistant Professor, Department of Law, Faculty of Law and Political Science , South Tehran Branch Islamic Azad Uuniversity, Tehran, Iran, Corresponding Author.
Email: azimzadehshadi@gmail.com
Abstract:
The medical induced consumption as a collection of deviations which holds one common feature namelythe same misuse of authorities and powers for gaining benefits has enjoyed a specific importance both nationally and internationally. Measured and correct reception in relation with such phenomenon involves a comprehensive and at the same time one exact criminal policy that every country must pay attention to it. One of the most important aspects of such criminal policy is the legitimate one that the ranges and limits of such phenomenon and the related crimes are defined and its examples are clarified and then the answers appropriate to them are organized in the same and prior to any subject matter. Furthermore, there is another topic which must be taken into consideration in terms of both origin and nature namely the same common rules and regulations whichare governing the entire crimes and the answers which are monitoring them. The response methods are among the important topics which must be taken into consideration in the criminal policy and for the medical corruptions particularly the induced consumption. The rules which are monitoring the responsible institutions, penal response and also the performer rules at the time of criminal proceedings are all of a great importancein this field. Furthermore, with regards to the transnational featureof drug mafia and the crimes related to it therefore all contrivances which are applied for regulating and arranging the international co-operations are among the constituent componentsof criminal policy in every country. The global society has tried to declare the most drastic actions, measures and programs related to prevent such phenomenon and then create a very effective confrontation with this matter at the national level of countries by utilizing the experience and innovation of different countries and with regards to the prevalence and extentof negative effects of induced consumption. One of the most important methods in this regard is the necessary plan of substituting the generic plan which has specifically taken the topic of medical induced consumption and the required plans for confronting with it including the penal supports into consideration and also has changed to an executive law in the different countries such as America, Canada, European Union and Japan. In this dissertation we have tried to compare the medical induced consumption in Iran’s criminal policy with the other countries and then clarify the points of similarities and differences and provide some recommendations to remove the probable gaps in Iran’s criminal policy.
Keywords: Criminal Policy, Induced Consumption, Medicine, Penal Responses.
The Development of Forgivable Crimes in the Penitentiary Reduction Law: A Practical Review of Challenges and Achievements
Sadegh Fetili
Ph.D. Student in Criminal Law and Criminology, Faculty of Humanities, Islamic Azad University, Shahrekord Branch, Shahrekord, Iran
Email: sadegh.fatili56@gmail.com
&
Dr. Rashid Ghadiri Bahramabadi
Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Shahrekord Branch, Shahrekord, Iran, Corresponding Author.
Email: ghadiri-r@sku.ac.ir
&
Dr. Majid Sadeghnejadneini
Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Shahrekord Branch, Shahrekord, Iran.
Email: M.sadeghnjad@hsu.ac.ir
&
Dr. Maryam Naqdi Durbati
Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University, Shahrekord Branch, Shahrekord, Iran.
Email: Naghdi@iaushk.ac.ir
Abstract:
the division of crimes into forgivable and unforgivable is one of the main guarantees and manifestations of paying attention to the rights of the victim. In the law reducing the punishment of imprisonment imposed in 1399, the legislator using various criteria such as; the type of crime committed, the amount of property seized, the history of the offender, the age of the offender, etc., has developed the scope of forgivable crimes. This action of the legislator has brought practical achievements in accordance with the components of justice and fairness, and challenges for the judicial authorities due to the ambiguous criteria and expressions. Considering the development of the scope of forgivable crimes in the law of reduction, the adoption of a judicial procedure in accordance with the mission of the law of reduction is the importance of conducting research. The main question is, what are the innovations and challenges facing the development of the scope of forgivable crimes in the law of reduction? Therefore, in this research, with a practical approach, and descriptively-analytically, these changes are examined and the achievements of the research include; Identify the challenges and achievements of the law in relation to the development of the scope of forgivable crimes.
Keywords: Forgivable Crimes, Reduction Law, Penitentiary Imprisonments, Challenges, Achievements.
Compensation Strategies for The Spiritual Damages Caused by Crime in Iran’s Law System and England, France and America
Maryam Sadeghnia
Ph.D. Student in Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
Email: maryam_sadeghnia@yahoo.com
&
Dr. Gholamreza Mohammadnasl
Associate Professor, Department of Law, Orientation Criminal Law and Criminology, Faculty of Law Enforcement Sciences, University of Law Enforcement, Tehran, Iran, Corresponding Author.
Email: g_mnasl@yahoo.com
&
Dr. Yasaman khajenoori
Assistant Professor, Department of Law, Orientation Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran.
Email: yas_kh2009@yahoo.com
Abstract:
Background and aim: spiritual damages are a set of harms imposed on the individual rights of people. In accordance with Article 14 of the criminal procedure code, approved in 1392, in regard to the compensation law, inclusion of the final verdict in the press and apology are amongst the compensation strategies for the spiritual damages. The compensation strategies in Iran are analogical and it is the judicial authority who makes the final decision about them. This project aims to conduct a comparative study of the executive strategies in compensating the spiritual damages in Iran, France, the UK, and the US Method: The current study is a qualitative research with a comparative approach which applies library resources and documents in terms of its application and instruments. Findings: Based on the findings of research considering Iran’s law, spiritual damage is the harm to the dignity or reputation of individuals. Example of spiritual damage in Iran include personal, social, and family defamation as well as psychological traumas. In the UK, any damage that results in loss of social adjustment, defamation, or mental disorders is considered as spiritual damage and consequently, damages that lead to individuals’ pain and suffering, or loss of gifs of life are amongst the cases of spiritual damage. In France, it is defined as the harm to people’s reputation and dignity. Defamation, humiliation, and insult are instances of spiritual damage in France. In the US, any action that causes intrusion or invasion of individual privacy could be categorized as spiritual damage, which includes defamation, grief over the loss of loved ones, disclosure of private secrets, lack of access to education by deceased parents. Conclusion: In spite of the apparent difference among the fore-mentioned countries in terms of the cases of spiritual damage, they adopt similar compensation strategies. Influenced by French legislation, Iran’s criminal law applies some compensation strategies as apology and inclusion of the final verdict in the press and indemnification. However, in The UK and the US, owing to their application of common law, the victims could only demand apology and indemnification under special conditions.
Keywords: Spiritual Damage, Mental Injury, Compensation Strategies, Apology, Indemnification.
The Impact of Human Rights on the Criminal Policy of the International Transfer of Sentenced Persons
Hossein Erfanimoghadam
PhD Student in Criminal law and Criminology, Faculty of Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
Email: erfanimoghadam@yahoo.com
&
Dr. Mohammad Ashouri
Professor, Department of Criminal Law and Criminology, Islamic Azad University, Central Tehran Branch, Tehran, Iran, Corresponding Author.
Email: m-ashouri@srbiau.ac.ir
Abstract:
The dynamic and curious nature of human beings to deepen and develop social relations and the help of new technologies as well as limiting the undisputed field of sovereignty within geographical borders has created a great revolution in the international community on a human-centered base. The development of the realm of law has moved in the same direction, and the international transfer of convicts, as one of the important examples of judicial cooperation in the field of international criminal law, has indicated to the same transformational view.
Today, the transfer of convicts is conducted based on principles and rules that are influenced by human rights’ standards and regulations, the violation of which by international activists leads to their accountability and responsibility. Accordingly, the international transfer of convicts has not been deprived of this current issue of human rights development, and even because of the importance of freedom and rights of individual in this regard, it is rapidly adapting to the new conditions created in the international community. Therefore, the investigation of the interrelationships between human rights and the international transfer of convicts, as well as explaining the examples of human rights in the implementation of the transfer in an analytical-descriptive manner, will remind the depth of human rights impact on government penal policy in the international transfer of convicts.
Keywords: Transfer of Convicts, Commitments of Governments, Human Dignity of Convicts, Human Rights.
The Divergence of the Nature of Drug Crimes in the Criminal Law System of Iran And a Comparative Study of Afghan Law
Hasan Ebrahimi
PhD Student In Criminal Law and Criminology; Faculty of Law and Political Science; Islamic Azad University; South Tehran Branch ;Thran; Iran
Email: he.ebrahimi.gh1366@gmail.com
&
Dr. Rajabali Goldoust Jooybari
Associate Professor, Department of Criminal Law and Criminology; Faculty of Law; Shahid Beheshti University; Thran; Iran, Corresponding Author.
Email: r-goldoust@sbu.ac.ir
Abstract:
Determining the nature of crimes in substantive law will always be a criterion for how to apply formal regulations to certain crimes and by determining the nature of the crimes, the legal prohibitions on the application of compassionate institutions to the perpetrators are correctly identified and the dispersal of votes in the judiciary regarding some criminals is prevented in this regard, drug crimes are a clear example of crimes due to the unclear nature of them how to apply formal regulations and sometimes the application of benevolent institutions to them is problematic and changing the nature of these crimes in the legislative process before and after the revolution and especially the reformed laws after the revolution doubled this problem.
Changing the nature of drug crimes from deterrent to ta’zir and the imposition of a limited punishment on some of these crimes that this crime took on a multiple nature and according to the research conducted in the laws of Iran and Afghanistan was determined this crime has followed a single path in Afghan law and by knowing it as ta’zir, it has eliminated such problems whereas in Iranian law, the mentioned offense has both the nature of an unspecified religious ta’zir and a limit.
Keywords: Tta’zir, Hadd, Mansoos Shari, drug, Afghanistan Criminal Law.
Prevention of e-money laundering: Defensive approach and offensive approach
Shahyar Abdillahi Ghahfarokhi
Ph. D. Student, Criminal Law and Criminology, Department of Law, North Tehran Branch, Faculty of Humanities, Islamic Azad University, Tehran; Iran
Email: sabdolahigh@yahoo.com
&
Dr. Batol Pakzad
Assistant Professor in Criminal Law and Criminology, Department of Law, PhD in Criminal Law and Criminology , North Tehran Branch, Faculty of Humanities, Islamic Azad University, Tehran, Iran, Corresponding Author.
Email: b_pakzad@iau-tnb.ac.ir
&
Dr. Hassan Alipour
Assistant Professor in Criminal Law and Criminology, Department of Law, Farabi Campus, PhD in Criminal Law and Criminology, University of Tehran, Tehran, Iran.
Email: hassan.alipour@ut.ac.ir
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Dr. Mohammadreza Elahimanesh
Assistant Professor in Criminal Law and Criminology, Department of Law, PhD in Criminal Law and Criminology , North Tehran Branch, Faculty of Humanities, Islamic Azad University, Tehran, Iran.
Email: m.elahimanesh92@yahoo.com
Abstract:
Prevention of e-money laundering has a defensive aspect from two perspectives. One of the perspectives of the crime scene is cyberspace, which, with protecting the subject of crime takes precedence over preventing the occurrence of crime, and preventive measures are in the position of protecting computer values so that the perpetrator does not touch them. Unlike crime prevention in the traditional or physical space, the authority to act is in the hands of the perpetrators, but in cyberspace, the perpetrator is in the hands of the perpetrators, and the perpetrator is more of a guard than an opportunity to commit a crime. The second is from the perspective of electronic financial exchanges, which are based on features such as speed, mass and spatial diversity in practice, out of reach of preventive measures. What will be an open environment for mastering and creating controlling software measures is only the limited financial institutions, but this mastery in exchanges is minimized. In this regard, the prevention officer inevitably resorts to a defensive approach in crime prevention.
This article, based on library and Internet resources and in a descriptive and analytical manner, tries to examine the challenges and strategies to prevent e-money laundering from the point of view of defensive and offensive measures. The approach is based on the defense approach in the prevention of e-money laundering, according to which the values of cyberspace on the one hand and the effectiveness of preventive measures in cyberspace on the other require financial exchanges in cyberspace in terms of origin. And control the origin and the direction of the exchange path.
Keywords: E-Money Laundering, Crime Prevention, Confidentiality, Defense Approach, Value Protection.
Analyzing the Linguistic Norms in the Iranian Criminal Courts Based on McMennamin’s Forensic Discourse Model: A Case Study on Karbaschi’s Defense Sessions
Farangis Abbaszadeh
Ph.D. Candidate in Applied Linguistics, Abadan Branch, Islamic Azad University, Abadan, Iran
Email: farangisabbaszadeh@gmail.com
&
Dr. Bahman Gorjian
Associate Professor, Department of Applied Linguistics, Abadan Branch, Islamic Azad University, Abadan, Iran, Corresponding Author.
Email: b.gorjian@iauabadan.ac.ir
&
Dr. Elkhas Veysi
Associate Professor, Department of Applied Linguistics, Abadan Branch, Islamic Azad University, Abadan, Iran.
Associate Professor, Department of Linguistics, Payame Noor University, Iran
Email: drveisi@khz.pnu.ac.ir
&
Dr. Mehran Memari
4. Assistant Professor, Department of Applied Linguistics, Abadan Branch, Islamic Azad University, Abadan, Iran
Assistant Professor, Department of ELT, Farhangian University,Khouzestan,Ahvaz, Iran.
Email: m.memari@cfu.ac.ir
Abstract:
This study investigated the linguistic norms in forensic discourse of judge-defendant in criminal courts of the Islamic Republic of Iran and focused on the frequency and the percentage of verbal deviations in the judge and the accused person. The research tool was McMennamin’s (2002) linguistic model concerning the linguistic prescriptive, and descriptive deviations from the linguistic norms. Data were collected through observing twenty 10-minute video clips of Karbaschi’s defendants as the former mayor in Tehran. The data were analyzed statistically through descriptive statistics. Findings were divided into three categories of verbal norms: standard, change and deviation. The findings indicated indicated that usage of words through non-standard language have a vital role in representing the defendant’s social statusWhile the judge followed standard norms, Karbaschi changed and deviated from the norms more significantly than the judge did. Findings of the study suggest that forensic discourse implicitly depicts hierarchical level, superordinate and subordinate’s structures within the linguistic community. Social distance determines the formality of situational context while power and solidarity affect people’s interactional communications. Thus, the analysis of judges and accused persons’ speeches can lead to identifying the linguistic norms which are correlated to their use of discourse.in the court specifies their individual, social, and forensic status.
Keywords: Criminal Courts, Forensic Discourse, McMennamin, Linguistic Descriptive and Prescriptive norms, Situational Context.
