نشریه تعالی حقوق
سال نهم شماره 1 (بهار 1396)

Attention to the personality of criminals, living conditions and their social and cultural characteristics, in the process of responding to crimes, it's an approach that With the aim of individualizing the response to crimes considered in some criminal justice systems. And including its objective effects, the formation of a "personality case" in Iranian law and "pre-sentence report" in English law. The key question of this article focused on the similarity and differentiation aspect each of the two entities mentioned in the law of Iran and the United Kingdom and the result is that contrary to Iran's criminal rights which has focused on the formation of a personality case for some defendants at the very early stages of preliminary research, in UK Criminal Law only at the trial stage and after conviction and before the sentence is issued, "pre-sentence report". According to this report the judge can determine the punishment. This point considering the costs of the formation of a personality case in the preliminary research process imposes on the criminal justice system, becomes twofold.

The Iranian Legislator’s initiative in Sub-article 45 Code of Criminal Procedure 92 which some authorizations include preserve crime scene and arresting the perpetrator has given citizens, a new approach from the concept of citizen participation Offers. Results revealed that despite the physical participation of citizens in the preserve crime scene and prevention of escaping of those who committed the crime, these people cannot practically be considered a judicial officer. Of course Granting this authorities to citizens could give rise to the promotion of social security, provided that their operation take place in a legal framework, otherwise it could result in chaos, intervention with privacy and citizen’s civil and criminal liability.

Historical approach to the pattern of penal policy making reveals that purposes of punishment have been changed through the time in diverse major legal systems. There is a popular misconception which considers developments of purposes of punishment, including but not limited to retributivism, deterrence, rehabilitation, balance theory, distributive justice, moral education, incapacitation and so on, as an irregular-periodic change. Most of contemporary literature have not answered what ideological and non-ideological, social, factors have been leading to these developments of purposes of punishment in west. The study of underlying causes of this phenomenon is a controversial intricate issue and variety of arguments for and against it will not vanish anytime soon, however; the author is on the conviction that mentioned developments are not results of exclusive influence of intellectual movements of diverse schools of thought. To elucidate on, fundamental transformation of purposes of punishment are products of the constant battle waged between ideological factors and non-ideological ones. With respect to this principle presumption, this paper, by taking analytical-descriptive approach, not only illustrate how intellectual movements, from traditional retributivism to modern utilitarianism and even Christian philosophy, can influence purposes of punishment, but also explores the influence of behavioral patterns of social factors such as politics and political economy on purposes of punishment.

Under the statutory law of Iran no transparent punishment for accessory to murder has been stipulated. The general rules of accessory to murder have been mentioned in the articles 126, 127, 128 & 129 of the Islamic penal code ratified in 2013. The punishment determined for accessory to murder, whenever feasible, is the Islamic lex talionis i.e. Qisas, or whenever not feasible and owing to reasons such as frivolous defense lacking legal merit, or correspondence of the accessory’s action to the religious or legal definition of the term ‘accessory’ shall be different. The findings of the present research reveal that the judged confront overwhelming articles and various religious laws which has led to diversity of views. The present paper undertakes to study the challenges confronting punishment of the accessory to murder stipulated under Islamic penal code.

The trans-boundary oil and gas fields are the hydro carbon structures that cross territorial boundaries of one or more states . Furthermore some of oil and gas fields are located in the disputed areas and claimed by two or more states. These fields also studied in the international legal literature under category of trans-boundary reserves.
International law as an instrument for regulating the international relations peresents general legal framework to exploitation of the trans-boundary oil and gas fields. In this article the author rises and answers some questions about the general approach of international law governing trans-boundary oil and gas fields and specially analyses legal conduct of the Islamic Republic of Iran and Qatar in South Pars gas field. The presumption of this article is that general rule in exploitation of shared or trans-boundary oil and gas fields is “cooperation” and Iran and Qatar also should be work together with cooperative approach.

The theory of piercing the corporate veil, means holding the shareholders of the joint-stock companies and the partners of the limited liability companies be responsible toward the company’s debt that is applied in the legal cases. This doctrine was first introduced in the English Law and then has applied in other common law systems. However, there are some challenges with regards to the basis of piercing the corporate veil doctrine application, its instances and the its scope of application. On one hand, piercing the corporate veil cases varies from country to country. On the other hand, given that this doctrine ignores the distinct legal personality of shareholders and company, so there is no need for its self – indulgent application. Accordingly, the main question that the Article intends to respond includes analyzing the basis of the Passage of the Legal Personality Doctrine application and its application scope in the Common law system. Finally, it will be ascertained that the piercing the corporate veil Doctrine has been accepted in the common law systems and there is also appropriate case law in this regard. These claims have been brought to the courts in accordance with a variety of contractual and non – contractual basis and their percentage of success depends on various factors such as the selective basis for bringing a claim, the degree of shareholder’s domination over the company and etc.

In an proceeding to resolve the disputes between Czechoslovakia and Hungary, The International Court of Justice used for the first time a site visit order. The question raised about merit of The Court is related to its achievements in the evolution and development of international law. In context of responsibility law, The Court, while emphasizing the need for a distinction between an international wrongful act and the preparatory acts leading to it, nominate necessity and countermeasure as two factors to circumstances precluding wrongfulness. Moreover, The Court, in addition to addressing concepts such as succession in treaties, fundamental change of circumstances of conclusion time of treaty, and the impossibility of the performance of the treaty on the law of treaties, for the first time explicitly stipulated the concepts of international environmental law, including the principles of prevention and sustainable development.