compensation

Over the years, the main focus of countries’ criminal policy has been the prosecution and punishment of criminals in light of the increase in criminal titles, penal inflation, and the reckless density of the pursuit process in its general sense (from the beginning of the pursuit to the execution of the penalty), as a prominent example of the flaw in the criminal justice system. Scrutiny in the emergence of these problems reveals exaggerations in crime assumptions, excessive penalties, and disregard for other alternative pursuit processes, including civil mechanisms and compensation for damages, as the most important factors in the emergence of this issue. This article is written using an analytical-descriptive method.

To address these problems, we can provide a justified and legal way for justifying the pursuit-abolition in its maximum sense by considering titles such as institution-abolition and crime-abolition, by examining the foundations and various practical and theoretical thoughts with a look at abolitionist theories. Paying attention to the damages of the victim in all stages in the best possible way can have an impact on the maximum abolition of the pursuit process. Because, in all stages, the goal of the victim’s presence in the criminal process has been to compensate for their damages more than the punishment of the criminal. Based on this, the fundamental principle of damage in the penal system has a lot of importance in preserving the rights of the parties to the lawsuit, preventing the increase in criminal titles, and reducing the pursuit process, and ignoring it leads to the inefficiency of this system.

The upcoming research is under the title of compensation for damage caused by the illegal seizure of a ship in international law, although there are articles and written articles in Persian and English with the titles of compensation for damage caused by the seizure of a ship in the international law of the seas, so far the article or book in Persian and English with Paying attention to the principles of government responsibility has rarely been published. Therefore, we felt it necessary to study and research in this regard. The research method suitable for the present topic is the library method of collecting the necessary information and data and the descriptive-analytical method and analyzing and analyzing the information. In this way, first by using the library method to collect the necessary information and data from the library sources, and then to analyze them using the descriptive-analytical method. The analysis tool is also logical and legal reasoning with the study. The articles and documents are related. The results of this research is one of the tools through which free navigation can be protected in the international arena, creating responsibility for governments. From the subjects of the international community, it is burdened that in case of violation of that obligation, the responsibility of that government will follow in compensating the damages caused by the seizure of the ship.

 Affected by the industrialization of societies and industrial competition in the world, the environment has been attacked along with human destruction in such a way that today, unfortunately, the environment is considered a function of development in industry and the diversity of human needs with the disruption of order. environmental and even non-environmental damages have been associated. Environmental crimes in various forms are an example of disturbing the balance of the relationship between man and nature, where humans are on the path of destroying nature with the aim of seeking a share and gaining more profit. Marine oil pollution is one of the most common environmental damages, which due to the type of pollution and the level of stability, sometimes leads to irreparable damage to the human environment, and the main source that can cause pollution in the seas is oil spills. The international community has shown various reactions in the form of drafting laws, conventions and international documents in facing the issue. With this explanation, the researcher in this essay tries to analyze the dimensions of governments' responsibility in relation to the compensation of damages caused by marine oil pollution, and examines the issue from the perspective of laws, documents and opinions of international courts, and in the shadow of this goal To questions such as what governments are responsible for marine pollution caused by petroleum products? And what is the reaction of international laws and documents in relation to marine pollution? And how effective have the global community's measures been?

 This research is applied in terms of purpose and descriptive-analytical in terms of method. In this research, to deal with the issue and answer the question, it is used to collect information with the library method and by using the sources, as well as using news sites and specialized articles.

 The studies conducted on marine oil pollution cases at the international level observe that despite the effects of harmful environmental and non-environmental damages, it is still under the shadow of conflict of interests, lack of benefit, lack of loss. The direct relationship between the coastal governments and the flag owner in the international environment has not been able to protect the marine environment from the dangers of oil pollution in the shadow of the international responsibility of the governments, and this approach shows the inefficiency of the civil liability system in preventing, reducing and confronting pollution. It is a sea, according to the extensive examples of oil pollution in international waters and the sometimes irreparable damage to the marine environment and the negative economic effects of oil pollution in the seas, all confirm the need to resort to an efficient judicial structure, a dynamic criminal liability system and the creation of a guarantee of executions. strong in the international system, especially in relation to the open sea, which is the real loss of "humanity". International law has not yet reached the level of progress that a government can file a lawsuit on behalf of the interests of humanity. But it seems that if the act of pollution by countries is a violation of one of the provisions mentioned in the Convention on the Law of the Sea (1982) or other laws and regulations or international custom, any country can refer to Article 48 of the international responsibility of the government. to initiate a claim for oil pollution compensation in the Azad Sea.

Damages caused by fine dust as air pollutants are numerous and varied and despite the fact that these fine dusts have destructive and harmful effects on the environment, in the field of domestic law, less attention has been paid by the legislator. The purpose of this study is to investigate the various methods of preventing criminal acts to compensate for the damage caused by fine dust.

The research method is a review study and the use of library resources.

In this study, preventive measures due to dust, law enforcement through administrative authorities (tax office), cases of control and prevention of dust in Iranian law, methods of compensation for dust, conditions of compensable damage, methods of compensation Compensation and methods of guaranteeing the principle of full compensation were examined. Studies have shown that prevention is the golden rule of law in domestic and international law. The use of tax tools and methods of prevention in various legal and criminal laws if effective It is one of the most important tools to control and reduce air pollution. Police and surveillance systems, including "prohibition", "prior authorization" and "prior notification", can be considered in relation to dust damage. the accumulation of the pillars of civil liability of the government means that the government is obliged to compensate the damages and the perpetrator of the damage must be held accountable for his wrongdoing and return to the previous situation under the pretext of exercising his right to act.

Foreign investment is the intersection of the national interests of the host country with the respective countries of the investors. By considering the disruption of the foreign investment process as a criminal phenomenon, the investigation of the issue from the perspective of criminal policy becomes inevitable. The purpose of this study is to explain the position of restorative strategies in supporting foreign investment in Iran's legislative criminal policy. In this regard, two major restructuring strategies aimed at compensating for the disruptive practices and procedures of foreign investment by the Iranian criminal policymaker at the legislative level have been envisaged.

The research method is descriptive-analytical and library.

The findings indicate that the payment of compensation to foreign investors and also the recognition of the right to refer to arbitration to injured foreign investors are among the most important remedial strategies envisaged by the Iranian criminal policymaker in this regard. . Despite the serious concern of the country's criminal policymaker to the strategy of compensation in legal texts and bilateral investment agreements, it seems that the strategy of the right to arbitration, despite the lack of explicit opposition to Iran's legislative criminal policy and the provision of this strategy in many Bilateral investment agreements, the provisions of Article 139 of the Constitution, which make the settlement of disputes arising from foreign investment subject to parliamentary approval, have caused the country's legal policies to not fully comply with the standards adopted by the international consensus.

The impermissibility of the detention of individuals is a fundamental rule based on the principle of respect for their freedom. But sometimes the detention of citizens suspected of committing crimes under the law is necessary to protect public order and interests. Some detainees face a restraining order or an acquittal after a preliminary investigation and justice requires that the damage done to them during detention be compensated. Many countries have specific measures and measures in place to compensate for unjustified or unjustified detention. The fundamental question is what is the extent of the responsibility of the government, the judiciary or judicial officers in compensating for the wrongful detention?

The research method in this article is descriptive-analytical and the legal context and procedures for seeking compensation for unjustified detention will be analyzed and evaluated and through it, the existing challenges in the Iranian criminal justice system will be revealed.

Detention of persons is carried out by order of a judicial official and by judicial officers. The principle of judicial independence requires law enforcement officers and other judicial officers to prescribe a detention order as legal. However, after the issuance of a restraining order or acquittal of the detainee on the charge for which he was detained, the damages resulting from the detention must be compensated. The main challenge in compensating innocent detainees is the lack of a precise criterion for assessing the extent of the damage and how to compensate. The results of this study indicate that there is no precise and convincing criterion for determining and evaluating the amount of damage inflicted on persons whose innocence is proven after detention.

Proper restorative justice can play an effective role in preventing recurrence of crime and increasing social security. The effectiveness of the envisaged restorative justice measures requires cultural and social infrastructure. Therefore, the purpose of this study is to identify social and cultural barriers to the implementation of restorative justice in Isfahan province.

In terms of its objectives the present study is of an applied research type and in terms of its nature it is considered as descriptive-analytical. The data were collected using a researcher-made questionnaire with a five-point Likert scale. The validity of the research was confirmed using construct and face validity the reliability of each of the studied concepts was calculated through Cronbach's alpha coefficient. The sample size was set as 359 individuals using quota sampling method appropriate to the statistical population of officers and judicial officials of the Isfahan Prosecutor's Office and Court and based on the Cochran's formula. The research data were described using frequency distribution, relative percentage and mean; and after Kolmogorov-Smirnov normality test, the data were analyzed by non-parametric tests (Kruskal-Wallis, Pearson correlation).

Based on the descriptive findings, the average attitudes of officers, prosecutors and court judges towards the implementation of restorative justice in the range of 1-5 were 3.28, 2.94, and 2.75, respectively. On the other hand, the average social barriers among them in the range of 1-4 were 3.10, 2.38, and 2.89, respectively, and the average cultural barriers among them in the range of 1-4 were 2.63, 2.77, and 2.249. In other words, despite the moderate attitude towards the implementation of restorative justice, social and cultural barriers to its implementation are somewhat above average among respondents. Also, based on analytical findings, younger prosecutors and officers familiar with criminal procedure have a more positive view towards restorative justice.

The greater the social and cultural barriers of officers, the more negative their attitude towards the administration of restorative justice. According to court judges, with the increase of social barriers, the administration of restorative justice decreases, and finally, the lack of necessary training for judges of the judiciary make their attitude towards the restoration of restorative justice more negative.

Motivation is an intrinsic factor that activates and directs people's behavior. One can understand the motives of one's self by analyzing one's behaviors and how one behaves in the face of others' actions. Understanding people's motivation is a good way to understand correctly the same compensation person. There are numerous cases in Islamic doctrine that have been introduced for the common motive of a convicted person's conviction, such as the convicted person's. The present study aims to investigate the psychological analysis of motivation and its effects from the viewpoint of God and the infallibles through a descriptive-analytical method and with a proper look at the verses and narratives. By examining the collection of verses and narratives on the subject of motivation, the results of this research indicate that the motivation of the individual is effective on the quality of the compensation of the individual and can be considered the equality of the compensation of willing and the factor.

Decisions based on error or fault that are issued by judicial institutions and as a result lead to irreparable damages and damages, have wide dimensions that by not identifying and paying attention to the nature They can never be fixed. The criminal laws adopted in 1392 (Islamic Penal Code and the Code of Criminal Procedure) have pointed out some of the weaknesses and ambiguities of the past legislative criminal policy and have specified to some extent how to implement them; Nevertheless, there are many issues that need to be clarified by the legislature.

The present research is analytical-descriptive in terms of nature and method and the information was collected through documentary review and filing.

The important issue is how to compensate innocent convicts in the criminal justice system; In fact, these people have been neglected by the legal system, their property, lives, liberties and dignity have been violated; Sometimes the damage will never be compensated, but in any case, the society must do its best and repair the damage in the best way.

Identify methods that can put innocent convicts in a situation similar to before the occurrence of damages; It will also be effective to compensate for the lost situations to some extent. The most important of these solutions in this article are in two traditional approaches (public announcement, remedial measures and the possibility of accountability) and modern ones (insurance, social security and positive discrimination). Has been discussed and analyzed.

Various studies confirm the contradictory assessment of the position of women in the family, which, in spite of their broad role in various areas of family life, In practice, much of them is ignored. The purpose of this study was to analyze this process based on women's perceptions and experiences. The method of doing research is qualitative and based on the grounded theory. The data were obtained through semi-structured interviews with 14 married women (Includes employed and housewives) in Mashhad. Coding and analyzing the text of the interviews in the form of Strauss and Corbin's three-step approach led to the formulation of a central phenomenon entitled "Women's Performance as a Compensating Agent in the Household Economy". This phenomenon is characterized by a set of underlying conditions such as the experience of attending different social and cultural environments and the model of gender division, the causal conditions such as the pattern and amount of income and savings, interventional conditions such as social conditions Economic paternal family and features of the marriage unit were surrounded. Women have taken strategies against such phenomena, including benevolent costs, essential costs and financial costs, which would have consequences such as the economics of human-family relations and the low-cost transition from economic crisis.

For the realization of civil liability, the physical intervention of individual in the harmful event is always necessary. Material intervention is the person's physical relationship with the accident and this relationship may be associated through personal act, object act and other's act. Therefore, personal act is one of the person's material interventions in the harmful event. Personal behavior means the intentional or unintentional act or omission committed by the person that leads to a harmful incident. This study aims to explain the civil liability of traffic police employees in the detrimental or harmful act or omission. This article has been arranged in two parts. The first part deals with the civil liability regarding the harmful act. The second part analyzes the civil liability of traffic police about the omission.

This study is of a descriptive-analytic research type. Its findings were analyzed using library resources and current cases in the judiciary. Findings and

Neglect and failure of individuals and organizations (such as municipalities, departments of transportation, electricity, etc.) cause fatal accidents and imposes irreparable damage to people and the government. The above mentioned organizations should coordinate their operations with traffic police before conducting any operations and immunize their operative workshop sites with standard signs and according to the sections of 211 and 212 traffic regulations, which are also examples of omission for traffic police, the police are obliged to stop individuals and organizations that conduct operations without following the rules of safety on the roads. Obviously, otherwise, the police will also be responsible among those organizations. Experts of accidents have to determine the negligence caused by acts or omissions of police or police officer in accidents, and they are obliged to determine their responsibility and reflect it to the judicial authorities in the crash report letter.

Given Iran’s today economic conditions and change in the prices and devaluation of national currency, it is difficult to have transaction without taking into consideration a penalty for delay in payment of time-bound deals. At the same time, ambiguity about contradiction of this rule with the Sharia has led to suggestion of various stances by legal authorities to the extent that some maintain that penalty for late payment of cash is against the Sharia. Hence, the significance of this issue becomes more important from different perspectives. The present article is an attempt to find out whether the nature of penalty for late payment of cash is different from payment based on the current value of currency and calculation of the inflation rate, or, it is the same. Or, whether the collateral or guarantee fund is a kind of civil penalty for violation of the commitment? Or, whether this collateral or guarantee fund is a kind of penalty compensation for the damage inflicted by the committed person because of violation of his/her commitment?

Context and One of the implements by which the environment internationally could be protected, is to set responsibility for governments. This responsibility,in the field of international invironment rights,is some obligation on any of international community followers ;that in case of violating it, that government would take responsibility for all damage compensation. This article tries to clarify the general thread about environmental damage made,visionary international principals of governments, as well as to describe and analyze the responsibility basis resulting from environmental damage due to warfare and leading conditions,and so on.
Research The current article is transcribed by description-analytic method as well as using library-digital sources.
Findings: The long term, intense,and expansive detriment to the environment ,acts as by far the most negative irreparable impact on human-kind life and natural resources in contrast with those made in battle fields . Many conventions ,prohibit the weapons that have wide range , constant and severe effects on the environment. It is obvious that the environment-polluted effects made by these weapons will cause long-lasting misconsequences on the human-being,animals,and plants. One of the most ordinary and principal compensative ways that have lasted between two enemies ,that is to financially indemnificate due to human right contravention.
About compensation , it has to be said that due to international crime, not only hurt governments but also international community can in the context of general assembly demand for compensation. In addition to the security councel,the general assembly of the united nations also since 1973 has confirmed the compensation payment duty.

Iran's Law Enforcement Police Department as an organization is responsible of various, different, and hard duties. Performing tasks and regulations in a proper way by the police staff has been insisted by the legislator and society. A main part of legal tasks relating restore order and security, crime prevention, prosecution and arrest of offenders, run the judiciary, civil and criminal enforcement – in its different aspects – and also a main part of law and non-law enforcement services including issuing certificate, passport, military affairs, international police and enforcement matters is on police organization’s responsibilities, and you can hardly find a law which is not involved in police organization. Wide and variety scope of missions is such that it relates police missions to people’s lives before any other organization or institution. Necessity of legality of actions and proceedings forces the police organization and its staff to perform them in legal frameworks. Sometimes it may happen that performing a demanded task lead to the occurrence of adverse events and damage to natural and legal persons and hence, result in the realization of civil or criminal liability of police and the necessity of compensation of damage and losses happened –whether financial or spiritual - by that action. The police organization and its staff also have to take more care in performing actions and notice victims with responsibilities and exemption of police staffs in order to reduce civil liability of police. By a brief look at rules, the general and specific principles and resources of civil liability of police has gained interest and legal cases of police civil liability has been discussing and analyzing by investigating related cases in constitution, penal, civil liability, compensation practices, the use of weapons and civil law.

Dissection is among new medical issues whose ultimate goal is safeguarding human health through education or even dissection of a pregnant dead mother to rescue her baby. Since it is not an old problem, jurisprudents in the past did not issue an fatwa on it. The present article is an attempt to discuss the canonical decree on the subject and its related issues on the basis of Imam Khomeini’s viewpoints. In the first place, therefore, the principle of permissibility regarding the things and acts is discussed to find an outlet to dissection. It is concluded that according to authentic traditions dissection of a Muslim dead body is not allowed under normal circumstances because preserving the dignity of a Muslim dead body is obligatory. But this decree can change at the time of necessity. Also it is mandatory to pay compensation to the relatives of a diseased whose body is dissected and organs taken out.

Shiite jurisprudents unanimously agree that “the restitution” [diyeh] of men and women is equal unless it exceeds one third of the complete restitution of a man. Under such circumstances the restitution of a woman reduces to the half of a man’s restitution. However, concerning the compensation [arsh] of harms done to women there is no clear mention in jurisprudence sources. Out of narrations and dictums (Fatwas) one can elicit three views: “absolute halving”, “lack of absolute halving”, and “halving of compensation when it equals to one third of a man’s complete restitution”. In this paper these three views are briefly introduced and the third one is admitted.

One of the most important rules in the field of restitutions is arsh or government. Arsh is the compensation of harms done to the body of man and its value is not determined. This rule is among the absolutes of Shiite jurisprudence and is unanimously accepted by jurisprudents although there are disagreements over the real instances. This paper tries to answer this question whether in the case of women the compensation more than one third of a man’s complete restitution should be halved or whether this rule is only true for soul [nafs] and it cannot be applied to arsh due to the lack of textual proof. Finally, to revive women’s rights, it is suggested that the restitution of women be calculated on the basis of the hexagonal cases of restitutions for example for women on the basis of the value of two hundred cows and for men on the basis of the value of one hundred camels.