نشریه دیدگاه های حقوق قضایی
پیاپی 86 (تابستان 1398)

Stressing that the consequences of today's social, economic, legal and penal population inflation and overcrowding in prisons, the issue has turned into the most complex challenges in the criminal justice system, the pre-tria detention, one of the main factors is the increase in the penal population it is, in a way that almost a quarter of the total population of prisoners in Iran and the world are the accused arrested.So reducing the number and rate of pre-trial detention, to reduce congestion and improve the criminal population leads.

principles and standards as avoid pre - trial detention , custodial measures as a last resort , make maximum use of non - measures in custody, the principle of innocence , the judicial permission and minimum standards , of the most important principles governing the pre - trial detention in Iran's penal law with international patterns decisive that adherence to the principles of the decline in the intervention of the criminal law, the use of successful experiences of other countries ' policies and strategies to get out of the crisis While ensuring the rights of defendants awaiting trial.

Restorative justice is a movement aimed at combating the aftermath of crime by reforming and rebuilding relations between the three main parties, namely, delinquent, victimized, and community. The analysis of the relationship between the theory of restorative justice and the principles of rehabilitation of the offender reveals the differences and differences between the two systems. Although it is claimed that restorative justice is criminal and focuses on improving the situation of the perpetrators, some studies indicate the effect of restorative justice on the well-being of offenders and the reduction of crime in them. In this study, it has been attempted to show that regenerative models and restorative justice, although similar, have two distinct normative frameworks with different functional areas and their attempt to combine them is wrong. Some studies have shown that offenders usually have satisfactory experiences with the implementation of restorative justice practices, and there are, of course, negative experiences that have been referred to. The purpose of this article is to rehabilitate delinquents and the experiences of criminals from restorative justice. Using the library method, information has been gathered. In this paper, the researcher seeks to answer these questions. Is there any meaningful insight into the methods of restorative justice and rehabilitation, how and to what extent restorative justice has succeeded in meeting the needs of the victim, and the principles and values ​​of restorative justice. What is.

The present research study intends to investigate the concepts of transparency, confidentiality and privacy within the scope of Investor-State Arbitration and International Commercial Arbitration.Transparency, confidentiality and privacy are the main pillars of international arbitration which have a close relationship together, however in some cases they are in a controversial situation. The tension between confidentiality and transparency comes into existence when the issue of public interest plays the main role in international arbitration. In such situations, private interest of individual parties, involving confidentiality and privacy, conflicts with the interest of general public, involving openness of the arbitration proceedings and access to all documents concerned. Then it becomes important to know how to make a balance between these competing concepts, what their value is and how their relationship is in controversial situations of international arbitration. For this purpose, the first Part of the paper intends to define some key terms such as “confidentiality,” “privacy” and “transparency” related to international arbitration. The second Part challenges the issues of Transparency and Confidentiality in the context of International Commercial Arbitration and Investor-State Arbitration. The third part concludes by analyzing how to make an equilibrium between transparency and confidentiality in controversial situations of international arbitration including Investor-State Arbitration and International Commercial Arbitration.

Although clause 8 of article 1 of the Securities Market Act has been explained Over the Counter market and defined it to ”an electronic or non-electronic market which implements securities transactions on the basis of negotiations”, according to some changes in the rules and regulations of this section, including approval of Iranian Securities Market Act, The law for Development of New Financial Instruments and Institutions, The Fifth Development Plan Act and etc., it has undergone fundamental changes in performance and has gone away from its prevailing concept in countries with developed economy. Iran Fara Bourse Co. has been established on the basis of Securities and Exchange High Council’s license as the sole over the counter market in Iranian Capital Market, the organized structure of this company and procedure of its transactions, which is very similar to stock exchange, practically have led to a distancing of the Fara Bourse from the concept of OTC. This has led to the exclusion of Iranian Capital Market from benefits of OTC market, with significant legal defects. However, in US law, OTC market is completely different from the stock exchange from the variety of aspects, including how transactions are carried out, tax breaks, fees, and transaction brokers, thereby provides diverse investment opportunities for Capital market activists.

The main purpose of the establishment of the International Criminal Court is to investigate and prosecute international perpetrators of crimes, so that these individuals are not left without bureaucracy. To accomplish this, the Prosecutor of the Court has a tremendous duty. Selection of the situation and initiation of its research and its initial review is done according to reports, documents, evidence and evidence. At this stage, the prosecutor must establish a reasonable basis, in which case the primary branch will decide by conducting its own judicial oversight of conducting comprehensive investigations and prosecuting perpetrators.
The study seeks to analyze the initiation of international prosecutor investigations. To this end, some research-related issues will be evaluated in the light of the provisions of the Statute of the Court and its practical procedures.

The right to privacy is subject was defined by Shariah and law and it refer to exploration prohibition and kind of human life aspects which are called positivism area. Article constitution is known as one of the most important rights for people in community closely linked to the right to privacy. The authors, considering that the prisoners are also human and his conviction should not deprive him of human rights. In this research, the authors consider to explain the dimensions and extent of right to privacy in three axes: physical, mental, and financial and estate that, although the imprisonment should be removed or replaced with other punishment, but until then, the detained person should have other human rights other than those specifically deprived of his liberty and in accordance with the purposes and principles of the prison and also should codify an enforcement in  statutes against prisoner’s law breach ؛This constitution is known as one of the most important rights for people in community closely linked to the right to privacy.

stock market is run by special regulations. accordingly, analyzing the issues about the relation between the competition law and capital market such as stock market officials and their boundaries in the context of setting, controlling and  enforcing rules, the generality or specificity of such rules, the controllability of stock market in comparison to the general competition rules and the state of competition law in case of the sanctions governing securities' market and finally, the competition between the stock market officials are of great importance which will be fully discussed during this article. 
regarding the relationship between competition law and capital market in Iran, it must be considered that: first, specificity and formality of stock market does not contradict the general authority of the special organizations and instruments of competition law. 
Secondly, the bilateral structure of these regulations in our country does not exactly prevent disturbing the competitive rules but it also does not quite comply with the competition law rules.
Third, although the civil, criminal and disciplinary sanctions in stock market have been set to protect this area, but the stock market does not directly play a role in clarifying or confronting the anti-competitive conduct in securities’ market itself and the related regulations have to be extracted from the stock market regulations.
Therefore, the legal institutions working on this area in Iran, are mostly related to sanctions rather than focusing on ethical or practical matters.
Forth, although, the competition between stock market officials and related organizations could have some acceptable results but it also could lead to merger, monopoly or even some anti-competitive conducts in long term.
Thus, the competition law could face some conflicts at this area.

The law of fracture diya is accepted by majority of Faqihs. The law states that bone fracture diya with recovery in diya limbs equals one fifth of amputation diya and, in case of complete recovery, is four fifth of that one fifth of amputation diya. The book of Zarif, as the main document of this law, is reflected in Fagihs books. A comparative study of fiqh statements with those in the book of Zarif, leads us to different laws than those mentioned by Faqihs, and this has been studied by some other Faqihs. In legislation, the criminal law has generally accepted this law in clause of 569, and in the process of implementation, based on the specialty needed to determine the degree of bone fracture, the clause of 136 of criminal procedure stipulates that the inspector should satisfy the experts in Legal Medicine Organization wherein defined laws already exist. In practice, there exist three viewpoints for fracture bone diya, that is, Faqihs statements, criminal law, and medical process. Besides practicing problems in legislation, they are in court. The present article tries to study this law, its reflection in the law, and examine solution for its implementation problems, and then some suggestions are presented.

Creation of new criminal law in the European ::::::::union:::::::: has led to an approximation of the criminal law of member states to each other. Compliance with this obligation for EU member states is due to the provisions of the Treaty of Lisbon. Main approach of the Treaty of Lisbon is to resort to the option of harmonizing the criminal laws of the member states, which is a new chapter in the history of European criminal law. However, the harmonization of the laws of new criminality is contrary to the general expectations on the national level and conflicts with the teachings of the fundamental rights of member states. The obligation of member states to reciprocally recognize the principle and the principle of harmonization of laws is an alternative to avoiding these consequences. But the principle of mutual recognition also has challenges that rely heavily on mutual trust in the legal and judicial system of each other. The study of the concept and function of the principle of mutual recognition and challenges in the area of European ::::::::union:::::::: criminal law is the subject of this paper. The findings of this research show that the principle of mutual recognition over time has led to the harmonization of criminal laws and the forging of new mechanisms for the realization of mutual legal cooperation between governments.

When a company exposed to liquidation process the most important question is how its property should distribute between creditors.
Since after the bankruptcy, creditors scramble to the property of  insolvent an orderly and systematic framework is needed to scheduled this process in order to avoid more detriment and assist the insolvent to reorganize the business.
Principle of equality of creditors or Pari passu is the fundamental principle in liquidation process and it means all the unsecured creditors are equally managed with out any display of preference.
Recently, with augmentation of different types  of  exceptions, many lawyers suppose that the principle did not have efficiency anymore.
 New approach of legal system toward reorganization ofcompanies is another reason for them to  try to render alternative solutions for pari passu.
In our  country trade law, the principle of equality of creditors did not expressly presented and there for, this article is to analysis new prospect of principle to help the internal legislator to provide a comprehensive approach toward this principle and ways of distribute the insolvent property.