مجله حقوقی دادگستری
پیاپی 86 (تابستان 1393)

Liberty and security of person are the main concerns of individual human beings after life. Importance of these rights caused to come right to liberty and security of person in international and regional Human Rights instruments. Right to liberty and security of person is the oldest and the most fundamental human right which should be regarded as one of the most important issues of judicial justice. Join of Right to liberty of person and Right to security of person is as Right to liberty and security of person in Human Rights instruments that exploration of each of them could help to recognize the borders of Right to liberty and security of person. This Article deals with the concept of Right to liberty of person and Right to security of Person، as well as their applicability. It focuses on the judicial process of Human Rights Committee and European Court of Human Rights.

Repentance (Tobeh) includes returning with Penitence toward God and avoiding sinning. The penitent should make a resolution not to do sins again. And also the sinner should ask for God''s forgiveness and try to compensate for his past. Regarding to Quran and Sunna، repentance has a special and important place. It is an opportunity given to the guilty to repent from his wrongs and to try to right. In addition to the other worldly effects، repentance has mundane effects، too. Since scholars differ about the amount of its effect in mundane punishments، it is necessary to consider its effects in punishments. There are several opinions about the effect of repentance in penalties. Zahariah believe that repentance does not have a role in the lapse of mundane penalties. Because accepting the lapse of punishments by repentance leads up to God''s hudud come to a standstill. They believe repentance causing to lapse of unworldly penalties. The religions of Hanafieh، Malekieh and Shafehieh believe that punishment merely renders null the crime of combatant (Mohareb) and doesn''t have any effects in other punishments، on condition that the combatant repents before government forces take action because only in proportion of the crime of fighting (together) (Moharebeh) there is a clear text (Nass-e-Sarih). Hanableh، Emameih and Shafehieh in one of the saying rely on Ahadis and in comparison (Qias) with other penalties، believe repentance generally clears Hudud. It seems that this opinion is more correct.

Offset agreements are legal trade practices، common in the aerospace and military industries. The international names for these commercial practices are various: industrial compensations، industrial cooperation، offsets، industrial and regional benefits، balances and equilibrium. An offset agreement is an agreement between two parties whereby a supplier agrees to buy products from the party to whom it is selling، in order to win the buyer as a customer and offset the buyer''s outlay. Generally the seller is a foreign company and the buyer is a government that stipulates that the seller must then agree to buy products from companies within their country. Indeed، industrial compensation practices required as a condition of purchase in either government-to-government or commercial sales of articles and/or services. Often، the aim of this process is to even-up a country''s balance of trade. Although the offset agreement is so significant، it has been rarely known for inner academic associations; in this work، after brief introducing of the mechanism، variations and compensatory obligations of these contracts، we discuss about the structure of them and the tendency of their parties to bind independent contracts related to each other throughout a document called the protocol.

Prosecution of high-level government officials of some African countries has caused deep dissatisfaction of these governments. This has led to serious reaction of these countries to the extent of introducing the idea of setting up an African criminal court، special for African countries. African Union، in its decision in October 2013، has proposed expansion of African Court of Human and Peoples'' Rights'' jurisdiction to involve international crimes. This article analyzes the causes of misunderstanding between ICC and African Union and its effects and consequences. In this respects، necessity and possibility of establishment of such a court will be discussed. Current approach to this issue among African countries is extending the jurisdiction of African Court of Human and Peoples'' Rights to International crimes in Africa.

New penology has introduced its most important product with the name of selective inacapacitation for surveillance، control and management of high risk criminal. The presumotion of this policy is the committment of most crimes by small groups of criminals who have received the lable of high risking. This approach for achieving its goals، by using prediction tools، has proceeded to select، classify and incapacitate of this group of criminals. It is alleged that selective incapacitation has resulted in decreasing crime rates، prison populations and costs. This article is an effort to show other realities; Realities such as objectivity seeing criminal، infringing the principle of proportionality، mistaking in predicting high risk criminals and reversaling the right of autonomy have challenged the legitimacy of this policy. Reducing in crime rates، prison populations and costs as the main aspiration of this policy has not yet been occurred. In addition، the regulations of Recidivism in perspective of selective incapacitation have been investigated in new Islamic penal code.

Unilateral legal act consists of producing of effect of law which is created with volition. Also such as contract، gives important to classification and recognition types of unilateral act. Because of research and investigation in characters of any category، induces illustrate concept of unilateral legal act and derive appropriate rules with that. One classification of unilateral legal act is in to “non- suspended” and “suspended”. Some Shiite jurisprudence not accepts suspension in unilateral legal act and selects principle of non- suspense ability of unilateral legal act; except that legislator stated opposed legal rule; whereas others have been mentioned principle of suspense ability. In this respect، among Sunni jurisprudence few disputes and many are unreasonable theory of suspension of unilateral legal act. So، they accept suspension in divorce. Similarly، jurisprudents nearly concerned with suspension in unilateral legal act. However، theory possible of suspension in unilateral legal act by reasons of exist cases of shari’ah and absence opposition effect of cause، as a general principle and not exception rule، has been accepted. As against، resolution condition [La condition résolutiore] in unilateral legal acts has no legal effect.