نشریه قضاوت
پیاپی 99 (پاییز 1398)

From the point of view of judgement principles, it is a good judgment and brings the audience to the point where the judge is convinced, which shows the judge's accuracy, fidelity in quotations, impartial treatment of individual issues and rulings, and in separate sections. It also joins issues such as the "parties", the "subject or principle of litigation", "defenses" and "judicial responses and arguments" until a final decision is reached. This continuous chain together forms a coherent judgement with decisive judicial features. Such a judgment will undoubtedly convince not only the litigants, but also any other reader, especially the judges of the higher court or tribunal, as we clearly see in the case file of this judgment. From the point of view of nature, the weighty judgment of the First Branch of the Baharestan General Court, written by its esteemed judge, Mr. Ghazi Hosseini, can be confronted with some criticisms from two angles: "Not determining the duty of the right and the way of creating the physically properties of claimer in these years of several decades" and "interpretation of the unanimous judgement of procedure No. 508 of the General Assembly of the Supreme Court and attention to the inalienable right to sue." The opinion of this branch has clear and acceptable arguments, but according to the author, "in order for all the official documents of the substance of endowments not to be declared without legal effects at once, the court should entere into the ownership of substance of endowments regardless of whether the permission to establish He has good tools for discovering the truth; The truth that reveals the expansion of the endowment and the value of willing."

Monetary and banking crimes are among the business crimes that are specifically and certainly addressed in the field of money. Receiving large loans with low interest rates through forged documents, obtaining documentary credit and opening documentary credits contrary to import and export documents, using credits obtained in a place other than the goal of approval, fraud in stock exchange transactions, collusion and fraud in currency distribution in exchange offices, buying and selling foreign currency without the permission of the Central Bank, forming or establishing a bank or credit or financial and monetary cooperative without the permission of the Central Bank, as well as transferring capital of authorized banks and credit institutions in the name of third parties are the most important monetary and banking crimes which can be prosecuted in the special court for investigating monetary and banking crimes. The order issued by the Special Investigator of the Special Court for Monetary and Banking Crimes is one of these cases in which the accused, through various fraudulent processes, including forging signatures and forging documents and financial statements, as well as registering fictitious companies, received large sums of money. He has acted in the name of his relatives and employees and has committed socalled bank fraud. Banks and individuals in the abovementioned departments were initially charged as defendants in the case, but then, due to the difficulty of proving or perhaps for expediency, the preliminary investigation of the crime against these individuals was not completed and only by issuing being summoned to the trial of the honorable investigator, only the main accused will bear the burden of punishment alone.

The parties can stipulate the “consideration clause” in the most gratuitous contract. Lawyers believe, with the stipulation of this clause, the gratuitous contracts don’t become a consideration contract, but this clause is effective on the nature and consequences of the contract. In this article, we have studied the effects of the consideration clause in the donation, as a most important of gratuitous contracts. The review of the specific provisions governing the donation with consideration shows that a certain basis that would justify these provisions, is not expressed in the legal and Feq books. The provisions governing donation with consideration, especially the irrevocability of this contract, can be explained and justify on the basis of the “Mutuality of obligations” theory. According to this theory, the stipulation of the consideration clause, in some forms of it, causing the mutuality of obligations in a donation and resulting donation with consideration to be irrevocable.

One of the most important issues in criminal law and in the process of criminal proceedings and an important part of the preliminary investigation is the search of places and houses or devices or persons mentioned in the fifth chapter of the Code of Criminal Procedure 92. Home searches are closely linked to privacy and freedom of the individual. Therefore, by examining the exact meaning of the inspection and its scope in criminal law, it can be said that the inspection also has jurisprudential support in jurisprudential arguments. While examining privacy in jurisprudential arguments, ie in the Holy Quran, the tradition and reason and law, and dividing privacy into examples such as physical privacy, information, communication, and homes and places, it is concluded that Imami jurisprudence emphasizes maintaining respect. The privacy of individuals is subject to certain criteria for inspection, including the Code of Criminal Procedure and the Constitution and other laws that emphasize the protection of the rights and freedoms of individuals, including their privacy. The principle in the preliminary investigation of crimes is that the privacy of individuals be respected, and on the other hand, the search warrant allows investigators to invade certain homes and places that are considered the privacy of individuals, but the Code of Criminal Procedure, search and inspection It is permissible when it is more important than the rights of individuals such as privacy and individual freedoms, because in jurisprudential arguments, the preservation of human dignity, the prohibition of spying and the prohibition of disclosure of secrets refer to the privacy of individuals. Therefore, in this research, we try to explain the limits and scope of the inspection and also to study the jurisprudential principles of the it.

Among the common anomalies that law enforcement and judicial authorities deal with are the discovery of some types of cold weapon by someone. In the single article of the law approved in 1396, based on the annexation of two notes to Article 617 of the Penal Code tazirat of 1375, the Iranian legislator carried some cold weapons if they were carried out for the purpose of conflict and assault; It has also criminalized the import, production and supply of weapons under this regulation. The purpose of this study is to investigate some important aspects of this issue. The crime is an absolute, total and material crime. In this regulation, only real weapons are considered and not fake weapons; The examples of weapons in the above regulation are exclusive and not allegorical; The production and supply of some cold weapons in some cities as handicrafts is not a crime, but it is necessary to impose some legal restrictions in this regard. Determining the competent authority to investigate the crime in question, given the difference in this issue, is another finding of this research. Legal action through criminalization of these behaviors is a necessary and relatively deterrent condition, not a sufficient condition and a fundamental factor in the prevention and treatment of the abovementioned abnormalities; Therefore, it must first be in the field of norms; Then, in the field of nonlegislation, such as appropriate measures through guilds and restricting the producers of some cold steel weapons in the form of handicrafts; Finally, it took appropriate action through legislation, especially criminal law.

Currently, one of the challenges for people living a vegetative state is to determine the wergild, the type and number of lost benefits such as vision, hearing, swallowing power and as well as paying the cost of vegetative state or life. In this kind of life, a person is incapable of performing his or her voluntary actions and has stable vital signs and accordingly, from a jurisprudential and legal point of view, they are considered conscious. According to damages inflicted on the organs of the body and benefits in Article 680 of the Islamic Panel Code approved in 1392, the legislator has considered a separate wergild for such person, because vegetative state is not considered a definite death and for each of the harms and lost benefits based on the wellknown opinion of jurists, legal provisions and the rule of non interference of wergilds, it should be determined separate wergild or bodily injury money and compensation. However, there is disagreement among judges and forensic doctors regarding the type and amount of bodily injury and compensation for each injury, as well as how it is calculated. Therefore, despite the principle of the rule of noninterference of wergilds in bodily injuries and the insurer refuses to pay multiple bodily injuries money, Challenges regarding the type and number of wergild and compensation due to dementia and benefits such as vision, hearing, smell and taste, lack of urinary control, etc, It is necessary to discuss the legal and jurisprudential views on the type and amount of bodily injury and wergild, which we will discuss in this study.

In recent years, the international community has witnessed the emergence of a terrorist group called ISIL (Da’esh) or "Islamic State in Iraq and the Levant" and its terrorism in various parts of the world especially the Middle East, which has severely endangered international peace and security through their violent acts. The terrorist acts and international crimes of ISIL prompt an inquiry into applicability of international law to such nonstate actors. Also despite the various measures taken to combat ISIL, the prosecution, trial and punishment of members of this terrorist group have not been fulfilled yet. This article by examining the main areas of international law and some of the legal and political obstacles concludes that the existing international law does not adequately address the activities of ISIL, and the failure of the international community to execution of criminal justice to ISIL members and leaders reveals that a new international mechanism and more cooperation between states are needed.