پژوهشنامه حقوق کیفری
سال دهم شماره 2 (پیاپی 20، پاییز و زمستان 1398)

As women's crime rates increase, gender equality is important in punishing offenses. Therefore, the issues affecting the punishment of women's crimes, including the will to commit a crime and the consequences of the punishment, are addressed. Structural stress theory and role concept are used to investigate these issues. The research method is qualitative through semi-open interviews with four groups of religious scholars, judges and lawyers, criminal law students and women's rights activists. The structural pressure that is exerted on women in different situations provides a passive will and provides them with the opportunity to commit a crime. On the other hand, punishments have more severe consequences, such as physical and mental problems, family and social exclusion for women. These conditions necessitate the application of a supportive approach to punishment, such as a reduction in the type and amount of punishment, the complete abolition of certain penalties and so on.

Guarantee confirmation in case of damage to the beauty of individuals as well as elimination of the secondary function of the body members, has its own complexity and has not received much share of jurisprudence literature. The acceptance of this view is subject to the examination of jurisprudential sources and the finding of unity of criteria in similar cases. In jurisprudence and related contexts, one may not directly find the verdict of the issue in question; however, there are also some narrations that can provide insights into this issue to reach an acceptable conclusion. This research, based on the traditional Islamic law and related narrations and Fatwas, attempts to provide a solution according to the jurisprudential rules for entering two categories of beauty of individuals and the secondary function of the body members into the vast context of guarantee (blood money-cubit).

The offence which is clarified in Article 637 of Tazirat Act 1998 is about illegitimate relationship and the practice of chastity - not illegal intercourse-. The legislature has expressed that the punishment of this crime is lash. Two criminal headings in this Article are so vague and Interpretable. This causes different verdicts in similar cases and because of that the courts don’t have similar case law in this sphere. The result of this descriptive-analytic research is that the case of covetousness (intercourse of naked man and woman) according to the jurisprudential views and narratives can be considered as written ta'zir. But the practice of chastity which is not related to physical contact can not be regarded as written ta'zir.

Crimes against the sovereignty are crimes committed against the state itself and usually the main harm of these crimes threates the security of society. Encountering of traditional criminal law with these crimes is repressive as well as exclusive and offender of these crimes is considered dangerous and enemy of society. But the question in this article is whether, contrary to the traditional idea, we can speak about restorative justice in these crimes and replace mediation and compensation instead of revenge and elimination of the offender in these crimes. Given that the victim of these crimes is "government" and the subject of these crimes is "security" and in some cases the offenders intend to reform sovereignty, it seems like that we can find grounds for peace-building solutions and restorative responses through peace and negotiation in such crimes until offender can compensate and restore former status and not to be rejected forever. Accordingly, the present article seeks to assess the doctrines of restorative justice in crimes against sovereignty by emphasizing the criminal law of Iran and Islamic jurisprudence.

The application of the rules of inquisitorial system, and the sensitivity of the pre-trial stage in gathering the evidence and the possibility of arbitrative decisions by the judicial authorities, demonstrate its importance in comparison with other proceedings. Therefore, this stage has received more attention in international human rights instruments. The High Disciplinary Court of Judges as a reference for investigating disciplinary offenses of judges has issued numerous decisions in favor of prosecuting judges violating defendants' rights and freedoms in the pre-trial stage. A review of the judges 'disciplinary procedure shows that this court has issued numerous and well-deserved verdicts guaranteeing some of the defendants' rights and freedoms in the pre-trial phase, but notwithstanding of Companionship this court with a human right court, in comparison with  human rights documents, its jurisprudence has not been able to comprehensively defend defendants' rights at this stage.

The dramatic increase in crimes against underground resources in recent decades threatens human being's life. Nevertheless, underground crime victimization is not reflected as a horrible matter, since, nowadays we are challenged with the environmental victimization syndrome phenomenon. According to green environmental criminologists, the victims of these crimes  are not at the center of attention until the emergence of harmful consequences of crimes. On the other hand, society in many situations does not assume itself as a victim of green collar criminals. Allocation of criminal justice system facilities to overcoming crimes and deviances against underground water resources in the first step needs identification of the reasons of these crimes and deviances. In doing so, we are aiming to analyze the Causes of Transformation of Groundwater Resources victimizations into the Syndrome in the light of criminology.

One of the most important topics with a significant effect on the manifestation of legal justice is a matter regarding proving grounds, which the sentence legislator is required to explain with more clarity. The Islamic punishment law, approved in 1392 (2013) considers these grounds to be confession, witnessing, oath, vows, and judge’s knowledge.  As we know, among proving grounds, confessions have special standing to the extent that it is called the “queen” of legal reasons, such that as soon as there is a confession, the judge is required to issue his verdict based on it.  In the present article, considering the Islamic punishment law of 1392 (2013) we attempt to determine the position of the judge’s knowledge in proving criminal matters, and whether we can consider it the “higher reason” or the “queen” of reasons.  Is there a reason that has a higher position among criminal proving grounds?  The results of the analyses indicate that for the first time, in the Islamic punishment law of 1392 (2013), while keeping the proof value of the other grounds, the legislator has considered judge’s knowledge in a higher position than the other criminal grounds including confession and witnessing.

Nowadays we are confronting with the commercialization of space activities and prevalence of space tourism. The important point in these journeys is informed consent of tourists and acquiring the authorization needed.  The aim of this article is studying the measures for determination of the criminal Jurisdiction of states for investigation of crimes committed in space vehicle and on the International Space Station (ISS). This article will examine the international space documents (5 documents),- The 1988 Inter-Governmental Agreement (IGA), the memorandum of understanding concluded with NASA and the ISS Crew Code of Conduct (CCC). This article is about to investigate which states have criminal jurisdiction for prosecution of crimes committed in space by using the descriptive- analytical method of research. For prevention of impunity the codification of national regulation for granting appropriate visa will help space tourists to know which state has legal jurisdiction for in these journeys.

The relationship between the prosecution service and the police is one of the most effective relationships between social institutions in crime management. These relations follow the distinctive models in accordance with the ruling system (accusatorial or inquisitorial). The accusatorial system has governed the network model of prosecution service and police relations. This paper deals with the descriptive-analytical method to introduce the network model, components of the network relations model of the prosecution service and the police and ultimately criticizes it. This relationship is based on a type of interoperability and network linkage, and is contrary to the inquisitorial system that has led to a hierarchical approach between the prosecution service and the police. This study will provide an introduction to the feasibility of developing the components of this model to the police and prosecution service relations in Iran's criminal justice system and to improve the governing model.

In the Islamic Penal Code, through changing the legislator's attitude due to taking criminal responsibility of legal entities, drafting particular rules of procedure compatible with the status of this group of entities becomes imperative. Therefore, new prosecution, trial and punishment methods should be adopted and confirmed for legal entities, through approval of specific criminal laws and new criminal Procedures distinct from those considered for natural entities. Therefore, in the new Criminal Procedure Code (approved in 1392) the legislator has considered a special criminal procedure for legal entities. Review of the relevant articles show that, in spite of providing some innovations, the above-mentioned Code is in no way commensurate with the special status of legal entities and the Criminal Procedure Code of 1392, has only accounted for trial and punishment of natural entities. Therefore, revision of the Code, consideration of relevant articles, and extraction of the chapter related to offences committed by legal entities from the Criminal Procedure Code of armed forces –as described in the following sections- is necessary.