فصلنامه پژوهش حقوق کیفری
پیاپی 21 (زمستان 1396)

Although the result of criminal behaviour against the person is often shown as some sort of physical injury, but in some cases, the committed behavior may cause the victim to fear and panic, fear that violence will be used against him in the near future. In these situations, the victim without takes action against him/herself or another, because of the fear created, such as inflicting some harm, suffers some kind of psychological harm, so that it can be said that her psychical integrity is assaulted. In the English criminal system, this type of assault has a certain criminal title, But Iranian lawmaker do not pay attention to committing such conducts specifically, so the courts have to determine Arsh. However, comparative study of the mentioned behaviors in the two Iranian and English criminal systems indicates the need to criminalize, and also to determine the appropriate Taezir punishment for them, in particular.

The freewill of offender in the crime, although often is considered as an important part in establishing criminal responsibility, but the concept that it will usually is ambiguous and mixed with ambiguity So sometimes instead of the will have been used intent,consent and the like and This position in the general theory of crime and criminal responsibility has been challenged. In this article we have tried using legal sources and standards, while explaining the concept of the meaning of "freedom of choice", is distinguished it from other similar concepts and Unlike most concepts, the role of freewill and the decline in the wavering elements of crime be examined. The nature of freewill is an important issue that has received less attention in legal publications. Although the debate about the freewill and its role in human responsibility is as old as human life and to have multiple dimensions, in various sciences, including philosophy, theology, psychology, ethics and law is discussed.

In addition to some legal institutions such as legal and judicial exemptions, the penal substitution shall be taken into account as well. The penal substitution, in its general sense, is an attempt toward the individualization of punishment, avoidance of the violation of the right of avenger/s of blood, avoidance of undermining the religion, restriction of imprisonment, and fulfillment of the fair judicial justice. At the present time, the substitution of punishment in the field of Hudud punishments, Qisas and Ta’zirat is
applicable. However, the fundamental question which is raised is whether the conditions applied for Qisas are the same as what are applied for Hodud and Ta’zirat or not? The substitution of Ta’zirat is divided into two groups: legal and judicial. While the legal substitution is extensively subject to the conditions mentioned in the Penal Code, the judicial one is basically subject to the judges’ better judgment. But, the substitution of Hudud, the same as the legal substitution, is subject to mentioned conditions in law and depends on the agreement of the Supreme leader or head of the judiciary.
Regarding the Qisas punishment, there are two types of substitution:Mandatory or legal and personal or voluntary. When the execution of Qisas, religiously, is not possible or permissible, it is compulsorily substituted by the blood money.

From witness remembered as the eyes and ears of the criminal justice ystem,participation of witness makes it possible to discover the crime and ultimately bring security to the community.Therefore,the adoption of protectionist policies could be considered as a ground for the active participation of witnesses in the criminal process.Hence,in English law,document has been allocated in order to the appropriate rules of conduct for witnesses with the general rules called the witness charter.in this document,more clearly than the Code of Criminal Procedure1392and the Code of Practice for the Protection of witnesses and Informants1394,In the first step,in order to protect the physical and material integrity of the witnesses,the rules for training,the assignment of special officers and the compensation of all damage inflicted on witnesses is foreseen.On the other hand,in both systems,the rules and standards of conduct has been allocated aimed at protecting the spiritual integrity of the witness and rewarding his position in the criminal process,as well as providing advisory services and timely information and a fair and just treatment with the witness.In addition,in the UK legal system,there is a differential and specific support in the witnessing of violent and organized crimes. Assigning effective enforcements to the Good The flow of support .

The mental element of intentional crimes in the jurisdiction of the International Criminal Court, is mentioned under Article 30 of the Rome Statute. Except those stipulated unintentional, as a general rule, this article is evenly applied to all crimes in the jurisdiction of the Court. This article cannot define material and mental of elements of the crimes transparent and clear, although it seeks to create a general rule for mental element of all crimes in the jurisdiction of the Court; and still there is a lot of uncertainties on them. These uncertainties challenging the interpretation and implementation of mental element related issues in the Statute. Defining and separating primary and essential parts of mental element In Article 30, this paper examines and discusses the relationship of these elements with the behavior, condition and result of crimes within the jurisdiction of the Court.

Jurists of practice physicians and specialists who practice he provided to sick leave, in accordance with the provisions of medical and technical standards, in other words without fault, causing damage to the patient, are attached to two terms. Islamic Penal Code in 1370 to follow the doctor's first responsibility was accepted as pure and without fault. Therefore, in the absence of negligence or fault of doctors in science and practice, there is no guarantee. The present article tries to defend the position and to explain the article 495 of the Penal Code Act 1392 is organized.
Jurists of practice physicians and specialists who practice he provided to sick leave, in accordance with the provisions of medical and technical standards, in other words without fault, causing damage to the patient, are attached to two terms. Islamic Penal Code in 1370 to follow the doctor's first responsibility was accepted as pure and without fault. Therefore, in the absence of negligence or fault of doctors in science and practice, there is no guarantee. The present article tries to defend the position and to explain the article 495 of the Penal Code Act 1392 is organized.

The rule of the "Search-Incident-to-Arrest", for inspection immediately after his arrest, the defendant is under the capture property until the reasons for the police in charge of crime and security police of the potential risks arising from this property is preserved. Apply this rule in recent years relative to the cell phone with the accused faced hesitations that targets the cause of the this rule does not meet the. This issue has caused different procedures in the United States take shape. But in 2013 in the case of the Wurie argument can be a reflection of the High Court in denying extend this rule to cell phone charged provided that the unique of its kind and the theoretical and practical solutions in other courts and legal systems.