مجله حقوقی دادگستری
پیاپی 110 (تابستان 1399)

The exchange of public interest against private interests is a brief definition of the corruption, and its existence in any society indicates the defect of the right functions of the public institutions. corruption is an anti - value phenomenon and is detrimental to the rule of law, so that prevention of it is an undeniable necessity for governments and that it directly relates to the legitimacy of political systems. In most countries is one of the tools of preventing and combating corruption, monitoring property of public officials. It is often impossible to detect and prosecute corruption offenses because of the hidden nature of their nature, and focusing on the property of officials is precisely to overcome this problem. In line with global developments and the desire to keep up with the tools of fight corruption, laws have been passed in Iran to combat corruption. The law of property monitoring of authorities, officials and agents of the Islamic Republic of Iran approved in 1394 is one of these. The adoption of the Act itself is a step forward, but its effectiveness and usefulness must be measured in practice. From the surveying that have been carried out, it becomes apparent that the defects in the above law are noticed, including the fact that the mechanism for checking the property during the service has not been conceived, as the important discussion of the conflict of interest has not been mentioned and the law has not been sufficiently sanctione. In short, the accepted standards of developed countries in the combating against corruption are not included in the Law of the Iran, and the need to resolve and correct the weaknesses of the law is strongly felt.

 One of the types of Ownerships’ Trusts, that are the product of the contract and the consent of the parties (owner and trustee). From the whole Civil Code Articles can be found Twelve examples of this type of Trusts in the form of nominated contracts that explicitly or implicitly have measured as trust contract. This article is intended reply to this an important and practical question whether these twelve examples have a Limitative aspect and As a result, It cannot be added to the number of Nameless Contracts or it is Only examples of Nominated Trust Contracts and It doesn,t prevent the formation of Trust Contract based on article 10 of the Civil Code?This question arising from the old disagreement over the scope of transactions or the freedom of will in creating is not new trading patterns. But the origin of this question, a different interpretation of Article 631 of the law was conducted. Some supporter of the theory of the limitative contract of trust and some also disagreed with it. The third theory, which is presented in this article, That is, Article 631 “Impliesnon-limitative”, Something higher than “Not implying to limitative”.The practical result of this answer, Correct and penetrating knowing of new types of Nameless Contract Which have become abundant in our time and the parties are willing to Sequence effects trust to them

In recent years, the debate of publishing and reporting the punishments of economic offenders in the media has been challenged. This matter enhanced its importance about judges and prosecutors for the necessity of dealing with corruption at the level of sovereignty and, at the same time, the importance of maintaining the place of judgment. For them, the release their images and names of the convicts was also sensitive. From scientist's perspective, each of the punishments contains disadvantages and benefits and seems neglecting the purposes of scandal's pathology and Tash'hir's that imposing for corrupt judges leads to overcoming incommodities on their benefits. So the important question is that what should be similar performance of scandal and Tash'hir for judges as same as other economic offenders or not? This article seeks to review of the country's laws regarding the Tash'hir and recent approaches of the judicial authorities that according to the current rules proves the public disclosure of judges may be more vulnerable than running it.

Compensations for rape is considered to be the fundamental rights of the victims in the criminal justice process and has variety legal manifestation, such as virginity (arsh al-bakāra) and stipulated dower (mahr al-mithl) as two most important examples. Studies on judicial procedure show that rape victims' claim (particularly in women case), due to the strict process in proving the claim, results in acquittal of defendant. Thus, in this study using descriptive-analytical method, we examine the possibility of victim's appeal for compensation after acquittal in Islamic criminal law and judicial procedure in cases that the defendant is acquitted. Also, various assumptions that courts have had in the case of compensation of rape have been examined and analyzed by presenting various courts' verdicts on this issue. By analyzing criminal law and procedure we found that in Iran's criminal justice procedure, the victim's deservationto receive compensation is not necessarily based on the conviction of the defendant, because in many cases in spite of the exculpation of defendants, courts have found the woman deserving the compensation e.g. virginity (arsh al-bakāra) and stipulated dower (mahr al-mithl). The courts have discriminated between the victim's consent on the case of a murder Hadd punishment desired by the legislator and the victim's consent that they recognize the victim deserving the compensation. This paper describes the concept of real consent and pretending to consent and their characteristics from the jurisprudential and legal point of view, and proves the duality of these concepts, that makes it clear that not only acquittal of the rape charge does not mean that the victim deserves no compensation, but also in the cases that unreal consent is confirmed, the woman is entitled to damage.

The legislator emphasized on the IPC 1392 with the adoption of alternative community-based responses to children in conflict with the law was a special place.this community punishment that in the 88, 89, 90 and 94 articlesaccording to the response of the circuit.The community punishment order (CPO) was first introduced as the community service orderunder the provisions of the Criminal Justice Act 1972 and it is now regulated within the Powers of the Criminal Courts (Sentencing) Act 2000.The community punishment and rehabilitation order (CPRO) was introduced by the Criminal Justice Act 1991 and is now regulated within the Powers of the Criminal Courts (Sentencing) Act 2000 and is, in essence, the marriage between the community punishment order (CPO) and the community rehabilitation order (CRO).However, that legislative approach in the form of criminal policy reform social circuit judges to apply the most promising approaches based on care and correct answers, but this approach has several challenges faced judicial proceedings.effective implementation of these answers can be as effective.