پژوهشنامه حقوق کیفری
سال یازدهم شماره 1 (پیاپی 21، بهار و تابستان 1399)

One of the important issues in final verdicts is whether to calculate or not the duration of detentions prior to hearing for the convicted persons. There are three approaches to this issue across the world: the first, zero calculation; the second, mandatory calculation and the third, optional calculation. Iranian criminal acts, since the inception of the judiciary system, have been calculated in terms of mandatory approach (public penal acts 1304 and 1352). After the victory of the Islamic revolution of Iran, the optional perspective was adopted, but in recent years the mandatory approach appears to have been opted for. This has been due to human rights movements at a global level which have resulted into the adoption of such an approach in criminal courts. This paper intends to assess and measure the calculation of frequency prior to court rulings and elaborate on its merits and demerits

Article 276 of Iranian Islamic penal code states that theft when not accompanied by conditions which lead to Hadd punishments shall be classified as one of Tazir thefts as the case may be. Therefore, it is possible to enumerate 14 or 15 Tazir thefts (including article 270) each lacking only one condition required for Hadd theft. In addition it is possible to enumerate thefts which do not possess two, three or even four conditions required for Hadd theft. But are all of these thefts equally severe? Or should the judges determine the amount of punishment according to the severity of the crime? In this article with respect to the pattern of Hadd theft and findings of criminology; it has been answered to the question that “which conditions of Hadd theft are mostly effective in making Tazir thefts more severe? Findings of this study showed that thefts which lack “Breaking” and “stealthiness” are mostly effective in reducing the severity of Tazir thefts.

Criminal protection of personal data faces challenges; the subject of a crime is limited to "sensitive personal data". The E-commerce law is a special law and approved in 2003, and the Islamic Penal Code is a general law approved in 2013. In January 2012, a draft law on data protection and privacy in cyberspace was issued that, if they become law, the validity of the rules of the E-C law and the relationship of these regulations will be a new challenge. If the bill is lawful, what law would be governing in the cases of a void or a legal conflict? Equivalent to the hypothesis, the principle of the "general uncertainty of a particular universe is not primitive" is not applicable here, and in cases of void or legal conflict, in the domain of cyberspace, which would be a prominent feature of being present, the lawyer's new request must be applied.

Traditional approach to economic growth along with industrialization, civilization increasing growth of population and Capital Empire has faced contemporary world with serious crises. So that the protection of environment has become the main concern of  the universal society.’ Green cultural criminology”asa new critical apprroach , aiming at challenging this traditional and nonecological approach, protection of environment, etiology and prevention of environmental crimes, has been entered into the area of contemporary critical criminology since the early of 21th century. This article, using descriptive-analytical method, has illustrated this new approach. The findings shows that green cultural criminology insists upon ”organizational criminal culture”, ”modern consumerist culture” ”political economy” and ”media representation” in etiology of environmental crimes .Based on these findings, it stresses on changing and reforming the anomic and nonecological structures of society from the political, economic, cultural and legal point of view as the most important and influential measures for prevention of environmental crimes and unsustainable behaviors.

The legislator of the Islamic Penal Law 1392 has predicted the alternative responses for adults under 18 years, so called youth in three separate legal texts;  First, unpaid community services, home detention and weekend detention as an alternative to fines and maintenance in Center. Second, the possibility of using parole and the others legal discounts, and Third, the possibility of postponing the issuance of court dessision and execution of penalty. In addition, in the case of doubt, the penalties mentionded in articles 88 and 89 apply according to age, even in the crimes subject to hadd and qisas.Despite of progress in legislation, using these alternative responses have made challenges and disinterest of executors. Theses ambiguities are different due to each alternative response.Analysis of these responses and judicial enforcement process show that being general and having executive ambiguities and also prediction without rules will call into question the targets.

Combating money laundering, as one of the transnational crimes, requires action at the international level. This is on the agenda of the international community through the approval of some conventions and documents by adopting reactive strategies against money laundering. International money laundering policies in line with risk management guidelines seek to adopt control strategies. In the meantime, what is important is the financial information that has led financial information units to play a very important role in managing money laundering risk. In this regard, by creating a transnational group, called the Egmont Group, efforts have been made to increase the efficiency of financial information units. This is due to the unique role of the structure in risk assessment and a demarcation of financial-economic crime and the adoption of appropriate policies to prevent these crimes in anti-money laundering programs. Thus, with a transnational look, the present study examines the risk-taking approach of criminal policy against money laundering.

This thesis describes the concept of crime and the requirements of criminalization from the perspective of peace-oriented discourse. The results of this research indicate, Although the concept of crime can be defined as a gross violation of peace in a peace-oriented discourse, But the justification of criminalization in this discourse depends on a new goal that is possible in the light of the real solution of the dispute and the repair of the damages caused by the commission of the crime And also respect to the principles of entitlement, necessity and efficiency are among its requirements. Peace-oriented discourse, while emphasizing the priority of prevention, reinforcing self-discipline networks, employing social measures and mediation, suggests the use of administrative and disciplinary measures and broadening civil mechanisms for responding to Behaviors that are contrary to peace. From This view, the instrumental use of criminality, in cases where it is contrary to the justified culture of the people, is inconsistent with peace, either for the purpose of cultural change or for the sake of expediency

How to deal with evident crimes and their legal consequences is one of the problems which facing the judicial officers. Undoubtedly in the crime scene، the evident crime is not always easy to identify, and the appropriate response is more difficult, when the legislature considers it as evident crime while these offenses are not really evident. Although diagnosis these conditions apparently is the responsibility of the police but if the police make a false recognition and accordingly respond to an evident crime, the legal challenges arise. On the other hand, according to note 1 of article 45 of the code of criminal procedure, in evident crimes that have special conditions, the legislature is given authority to ordinary citizens that play the role of judicial officer in some way. Hence, the above challenges are transferred to the mistakes of citizens in the face of evident crimes as well as the scope of their actions. In this article, we have explained the relevant rules in terms of the meaning and concept of evident crimes and the actions that must be taken by both the police and the citizens in this regard, and the authorized territory of their intervention

In the new criminal justice systems, three legal models can be identified in relation with right to access to counsel: "the counsel guarantee model", "the counsel restriction model", and "the mixed model." In the first case, the right to access to counsel is considered as one of the standards of fair trial, and appropriate policies are adopted to “guarantee” it. In the second model, criminal policymakers create countless constraints on having access to counsel. In the mixed model, besides guaranteeing maximum access to the counsel, they also restrict it as necessary. The present study, which examined the restricting policies of access to counsel in the legal system of Iran, concluded that the Iranian criminal justice system adopted the mixed model and accepted some guaranteeing policies, but in this legal system, at least eight types of restricting policies are anticipated, most of which are incompatible with the international standards of "fair advocacy" and the thirty-fifth article of the Constitutional Act..

Religious terrorism, in which personal and profitable deductions from religious instructions are supporting terroristic actions, has faced several types of amendment, precautionary and punitive responses. Meanwhile, other novel patterns have been applied against this crime but less analyzed. Therefore, according to the fact that a few mentioned patterns usage is not sufficient, using all these patterns simultaneously is needed. In contrast to the corrective and penal models, the novel pattern has been elevated in the form of being non-criminal variable preventation and its focuses on neutraliziation of effective factors in committing religious terrorism by implementing its mechanisms. Moreover, this model offered preventing communication approaches between endangered persons and effective factors in committing terrorism as well. This research is endeavoring to introduce the novel patterns which is encountering this sort of terrorism. This article will considers psychoanalytic analysis and criminal law in a mean time.

In criminal law, the realm of civil liberties varies according to the type of criminal policy adopted by each state in relation to the crime. Since according to Article 4 of the Constitution, the general policy governing the legal and social realm of Iran must be based on Islamic standards, the criminal legislator has also supported the hijab. Social responsibilities of the government towards the protection of structural values and their care and Making ethics in society are the macro-foundations of this criminal protection. Believing in the preventive nature of hijab in prevention of women’s victimization in some crimes, as a victimological foundation and creating a sense of security in women as a psychological foundation, are the micro-foundations of this support. According to these foundations, the legislator has linked the issue of women's hijab with criminal law.

The purpose of this research is to identify the role of organizational justice as a concept in management science in preventing administrative corruption. The role of organizational justice in preventing corruption and strategies for prevention are as research issues. If distributive justice does not exist, according to Merton's theory of pressure, an employee uses illegal means such as bribery and embezzles in order to reach its goal. If procedural justice is not established, a kind of inferiority is felt by people and, according to Hirsch's theory of social control, two factors of commitment and belief in one is shaken toward the organization. And finally, if justice is not maintained, there will be grounds for social deviations such as lack of work and non-commitment. Several approaches are recommended, such as improving good governance indicators in the administrative system, focusing on cooperative criminal policy, and so on to prevent corruption.