نشریه قضاوت
پیاپی 95 (پاییز 1397)

Investors on the Iranian stock exchange welcomed future contract as one of the derivative instruments in the field of coinage transactions in 2008. This kind of contract had a significant impact on controlling cash market fluctuations. In fact, this type of contract is a good option for directing liquidity sources to invest in price balancing in Iranian financial markets. However, the futures contract for the traded gold coins on the Iranian stock exchange has two main legal problems. Under this type of contract, the buyer has not delivered the gold coins at the time of signing the contract and he can conclude a new future contract in the stock market before delivery at a given date, which is an obvious example of executory sale (a sale that both object and price executory). Furthermore, this type of contract is also similar to the gambling contract for each party to the transaction may equally make a profit or bear a loss out of it. The question that arises is, is this type of contract legitimate from the legal and jurisprudential point of view? Our studies suggest that the future contract is equivalent to possible time contract (Bakhtiqi), and with investigating in the words of Imamieh jurisprudents and lawyers of Iran under the discussions of executory sale, set-off, and gambling, this type of contract meets Islamic and legal standards for a valid contract, which is permissible under the principle of freedom of contract.

Confession is one of the methods of proving a lawsuit that employed extensively in human societies for a long time. Confession is an acknowledgment of another person against one’s own interest. If confession is accessible, any other evidence will unnecessary to submit to the court. According to an Islamic rule, acknowledgment of people against their own interest is permissible; anyone who confesses to a right for others against his own interest will be required to fulfill it. If the confession conducted in accordance with required standards, denial after confession is not admissible, a rule that jurists and lawyers has consensus about it. However, in certain cases, denial is admissible. Under article 1277 of the Civil Code of Iran in case a person making a claims the confession made by him was faulty or based on error or mistake or other claims is discussed in this paper, his case will be heard. This may be before the award is issued or later. This paper reviews the terms of acceptable denial.

Restorative justice is one of the types of justice in the criminal law system, which instead of relying on punishment and strengthening its aspect, by combining some of the features of the criminal system of the descent and the criminal system of rehabilitation focuses on compensating for the losses suffered and the social fate- family and even all of society. Therefore, the main concern of this kind of justice is the compensation of the victim and the retribution of the offender to the community without the execution of the punishment or the minimum punishment. In this paper, we will examine the approaches and programs that are applicable to children and adolescents in the process of prosecution and preliminary investigations. Considering the specific psychological and physical conditions of this age group and their greater vulnerability, attention to restorative approaches is important to them. Finally, we will conclude that the lawmakers in the penal code of 1392 have considered restorative and semi-restorative approaches to children and adolescents, which are consistent with the principles of restorative justice.

Recidivism means criminal behavior of someone who convicted by a criminal court based on a definitive sentence however later he commits another crime. A difference between the plurality of crimes and recidivism is the history of a criminal conviction, which is an important prerequisite for recidivism to occur. The conditions for the recidivism in the former Islamic Penal Code was first, the finality of the previous conviction, meaning the authority of criminal res judicata and must be enforceable; second, the previous conviction must be either punitive or deterrent (discretionary punishment awarded by the judge). Therefore, the prior conviction to non-punitive or non-deterrent punishments (namely punishment exactly defined by Sharia which may neither be reduced or augmented known as “Had” and talion) so the rules applying to non-punitive punishments had to be consulted through Islamic texts. Furthermore, it was deducible from the text of article 48 of the previous penal code that the prior punishment had to be performed, although, there was seemingly a difference between execution and completion of a criminal conviction. Without any doubt, if for some reasons such as exempting excuses, the punishment might not be enforced, the finality of conviction was not sufficient solely but if after enforcement of conviction or during its enforcement, the perpetrator committed a new crime, the rule of recidivism applied to him e.g. crimes committed by prisoners during the prison time. Regarding the second element of recidivism, that is, repeated conviction, the prerequisite of previous code for second offense was nothing but being of punitive or deterrent nature. According to the new penal code, the provision applying to recidivism undergoes important changes. Therefore, regarding the importance of such changes, the present paper reviews the approach of new penal code toward recidivism or reaped crimes.

Following the condemnation of the LaGrand brothers to the execution and Implementation of sentence of one of them in the United States, Germany, invoking to the violation of Convention on Consular Relations (1963) and by reference to the first Protocol to this Convention, resorted to the International Court of Justice. Germany contended that the United States violated the right to consular which provided in Article 36 of Convention on Consular Relations and provisional measures of The Court which was issued to suspend the execution of the second brother until the final judgment of The Court. The Court declares that provisional measures is binding and creates an international legal obligation for the concerned state. The Court adds that the rights contained in the Convention on Consular Relations (Article 36), in addition to the creation of international obligations to the United States vis-à-vis other states parties, entail individual rights for LaGrand brothers. This interpretation of article 36, as well as the Court's approach to the binding nature of provisional measures and the responsibility for the violation, in particular the method of reparation of this violation, namely, continuous performance for non-repetition of internationally wrongful act, is an indication of the importance of this judicial mechanism in terms of guaranteeing the enforcement of international law.

The religion of Islam is the last divine religion and the complete program of human life for all societies and centuries. Therefore, it must be able to adapt to the changing circumstances and circumstances of society. Therefore, the criminal law of Islam divided into two parts; fixed and variable punishments. Qisas and diyat categorized as the fixed part of this system and punitive sanctions as variable one. These punishments have unique characteristics that can be effective in advancing the purpose of correcting and rehabilitating offenders. Given the fact that a certain part of the Islamic criminal policy is variable, it is a matter of whether there are rules in this regard that gives widespread powers to the Islamic ruler in order to determine appropriate punishments and institutions for correction and rehabilitation of criminals, in the light of the arisen circumstances and situations. On the other hand, one of the goals pursued by criminal policy decision-makers in determining criminal responses are the correction and rehabilitation of criminals in order to avoid the repetition of crimes. Postponement of the issuance of a sentence is one of the institutions seeking to correct and rehabilitate the criminal. This institution, as envisaged in the Islamic Penal Code of 1392, by suspending the issuance of sentences, increases the opportunity of making the criminal a law-abiding citizen.

Empowerment is the most important challenges of managers in this era, because organizations are exposed to the rapid and unpredictable changes. Since human resources are the most important factor in organizations, so, equipping and prepararing organizational resources to deal with the changes, is particulary important. The aim of the study in terms of objective is applicational and in terms of nature and method is descriptive. This research is to investigate the effect of empowerment on staff’s performance in enghelab eslami court organozation. Staff empowerment using six independant factors contain training, individual factors, competency, management, culture and environment as well as seven dependant criteria include validity, ability, feedback, environment, support, motivation and role clarity were evaluated. In order to investigate the effect of empowerment on performance, a questionnaire with six criteria and 39 questions was designed. The reliability of the questionnaire using Cronbach's alpha coefficients calculated as .79 and 196 quesionnaires were distributed between Statistic population of the research. The simple and multiple Regression tests were used to assess the correlation between the criteria. The final results of the study show that there is a significant relationship between empowerment and performance and competency as an independent variable ranked first as the greatest impact on performance, individual factors and management in terms of effect on performance ranked second and third repectively. The results associated with the criteria are as follows: personal factors with highly desirable status in stood at the first place, then the second place is on education criterian with a good level, management is in the third place with an desire level, the competency is in fourth place with a good level, culture is in the fifth place with a good level and finally environmental factor is the the last position and it is undesirable.