فصلنامه مطالعات حقوق خصوصی
سال چهل و سوم شماره 4 (زمستان 1392)

Although the static method is the primary method of actuarial assessment,that only pays attention to static risk factors such as past conviction, it isn’t able to assess crime risk precisely, because it neglects dynamic risk factors such as present drug addiction. So other methods such as dynamic actuarial assessment and combined actuarial/clinical assessment have been gradually invented, that in order to increase the exactness, include factors such as "criminogenic need" and "responsivity".Criminogenic need is another word for dynamic risk factor, that affects present situation of criminal. Removing these needs by rehabilitation programs can bring about crime risk reduction. Studing the last versions of actuarial assessment shows that not only it hasnt any conflict with rehabilitation idea but also prepares good grounds for it, by focusing on three principles: risk, need and responsivity.

Privacy in the context of Islamic law, the Quran and Sunnah reasons, is not mentioned. But this does not mean that the concept of privacy as one of the basic human rights in Islamic law has not been considered. Various aspects of privacy are presented In the Sharia Particular discourse. In this study in addition to concept of privacy and law in Islamic law, law enforcement in Islamic law and some Strategies to guarantee privacy has been studied. Research findings show that Comprehensive and extensive presence of religion various spheres of human life does not conflict with privacy. One aspect of support may be Specific criminal policies in criminal proceedings In the case of crimes committed in private.

Without General Principles, no System of Law is conceivable. These Principles have special position not only in domestic but also in international law. General Principles would have been invoked even though those principles were not cited as the sources of international law in accordance with the statute of ICJ, Article 38. Those are taken into account as the independent source of international law, irrespective of the international contract and the custom any rules. The analysis of ICJ function in exercising the General principles in the process of the contentious and advisory opinions would be analyzed in this article.

Standard of proof in criminal case is to access the judge into conviction intime. In fact The criteria for judging and voting, is inner certainty that is obtained for the judge with evaluating evidence set forth in his criminal case. The judge in criminal cases execution two act: Reconstruction of substantial events that happened in the past and law enforcement and passing a judgment. However, reveals more accuracy that between these two steps, there are fundamental steps that have primary importance in the sentencing criminal judgment and this is evaluating of evidence also explained that it is the conscientious convictions. The judge by obtaining new evidence and examination of evidences that is in criminal case reconstruct substantial events that happened in the past, But before the evaluation of evidence and achieve persuasion conscience, will not be able to accommodate events of the material on the legal sentencing. In this article we intend to provide a detailed analysis of the meaning and nature of evaluation of evidence, consciousness convictions and method of achieving to it, with considering standard of proof "beyond all reasonable doubt" standard of proof in criminal cases in the country as common law, differences and similarities two standard of proof to be shown.

Time limitation is one of the legal institutions of the domestic law. This institution is more welcomed in the civil law system compared to the common law. Immunity, amnesty and time limitation are the most important obstacles in the ending of impunity culture. Immunity is a international phenomenon, whereas amnesty and time limitation are considered as domestic elements. International criminal law has rejected time limitation by creation of numerous international documents regarding the prosecution and conviction of perpetrators of international crimes. In this study, it is sought to analyse the status of recognition, implementation and rejection of time limitation in international criminal law.

Since the dawn of space age, international community was faced with the challenge of determination of the norms governing human activities in space. Among these, sovereignty, appropriation and property rights were the most sophisticated problems. The question was that whether states are permitted to extend their terrestrial sovereignty to outer space and appropriate space and celestial bodies or not. The Proposed solution to this question was “prohibition of appropriation and sovereignty in outer space”. But humanity has stepped on the moon for a while and now is advancing his knowledge about outer space and celestial bodies. As a result of this advanced knowledge, Space powers have recently adopted an economic and commercial approach to outer space. Now international community again asked the old question. Therefore it seems vital to analyze the non appropriation principle in space again.

Piracy is an international crime that poses a serious threat to the countries’ national security, international trade and maritime security. Although the offense has been the subject of numerous conventions and agreements, and many measures have been taken to combat it, but no practical measure has been predicted so far to trial the perpetrators. Several factors have role in the failure to achieve a definitive solution. These factors include human rights issues arising from the capture of pirates, political reluctance of states, issues of evidence, lack of adequate facilities and capacity for judgment and so on. Among the several solutions that have been proposed to eliminate these barriers, the theory of the formation of a special international tribunal for the crime is grandstanding, that in this article well review it.

Referring to responsible person by insurer after damage compensation is one of the important issues in insurance law. Finding the jurisprudence basis of this reference regarding to Islamic laws and jurisprudence sources is the objective of this article. Subrogation with payment is rooted in French law and it is not stated in Iranian law and its basis. According to an implicit condition in insurance contracts, all the insured persons tend to compensate their damages by receiving the compensation from insurer and not to file a lawsuit by assigning it to the insurer. Therefore, obligation will be issued of existence of the insurer subrogation basis in contract.

Anti-Money Laundering Act of 1386 granted authority to the Supreme Council to ratify regulations required by the law. The Council adopted bylaws, approved in 1388, but with powers that have been delegated to him under the pretext of some of the crimes emerging technology in the modern criminal justice deficiencies in the law to coordinate with the international instruments Such as the Palermo Convention and the 2000 departure beyond the material one, 27 - 28 and paragraph 4 of Article 38, acts upon the rule that the cases of criminal negligence laws and regulations of it, the draft Criminal Law to refer the criminal procedural, the rule actions to hedge its procedural and judicial investigations and research have named executive officer. Transformation in traditional techniques of mass negligence, discover and investigate criminal offenses in criminal law in terms of modern features, including Contemporary criminal money laundering regime but should be accepted directly by the Legislature or by the special committee shall be by permission. If he is in bylaws, beyond legislative permission. Action under Article 170 of the Constitution and is voidable by the Court of Administrative Justice.

Constitution is one of the most key concepts in public law that in which set the institutions of power and their relation with each other, and also guaranteed the fundamental freedom and rights of people. So the concept of constitution is different in various counties on the base of political structure and history experiments. In this essay after investigation the concepts and aim of constitution and experience of three revolutions in England America and France. we studied what Iranian creation of this concept in constitutional revolution, and we show that what Iranians could entered the fundamental concepts in the discussion of intelligentsia, constitution revolution, the first parliament and struggles of agree and disagree persons in their thoughts.

Transnational organized crime, is one of the most important problem of international community in21 century.at the late of 20 century, international community and united nations organization due to unification, cooperation, harmonization, conclude a convention to combat such actions. This document was named (united nations convention against transnational organized crime), which completed with two protocols.well known as palermo convention. The first protocol was about (prevent, suppress, punish, trafficking in persons specially women and children), and the second protocol was about (smuggling of migrants by land, air and sea). This article evaluate the illegal immigration aspects via sea, which happen by diffrent reasons and the ways that reduc this problem under international cooperation.

Policy making and priorities for achieving the goals stated in the constitution of the Islamic Republic of Iran especially ideological goals For providing and realization of "Justice and equity" &"Full independence" & "National unity" stated in part (c) of Article II of the constitution, is Leadership competencies Explicitly based on paragraph 1 of Article 110 of the same Law.Leadership Messages in the New Year follow a particular philosophy that is providing the same Islamic Republic of Iran goals, which this year message is in the fact to determine economic strategies.Accordingly Leadership message should be considered as a religious command and legal order. From this perspective; the message of the New Year is a double-side that One side has attention to the sovereignty & other side to the people. Government and the people must be used All his efforts in order to Realization of this message.

The issue of conflicting jurisdictions is certainly not new to law. It has long been known in domestic Law systems. However, for public international law the issue of conflicting jurisdictions is relatively new. Since the early 1990s we have witnessed an indisputable proliferation of international courts and tribunals endowed with the jurisdiction to deal with certain areas of international law or to settle specific disputes, as well as an increase in the willingness of states to use these courts. While the creation of an ever increasing number of dispute settlement bodies should be welcomed, it can become problematic because the scope of their jurisdictions can potentially conflict. In other words, two or even more courts and tribunals may simultaneously have jurisdiction to adjudicate the same dispute or parts thereof. This paper demonstrate that conflicting jurisdictions between international courts and tribunals are not only possible, but are a real and inevitable phenomenon.