نشریه تعالی حقوق
سال دهم شماره 6 (زمستان 1398)

In different legal systems, the limits of the judges in relation to the determination of punishment have been challenged. In the Iran legal system, the range of these powers varies according to different crimes and their characteristics. In this way, in some crimes, this range is very limited and in others it is very broad. The practice of courts has often been such that they have used all the capacities of all laws and regulations in line with a mitigation or aggravation approach. In this article, under two sections, the practice of military courts in mitigate and aggravate punishment has been tried to clarify these courts as well as to determinate the lacks and deficiencies of measures. Finally, it become evident that the arrangements for the Armed Forces Penal Code in both approaches required modification and predication of measures tailored to the systems in the armed forces.

Due to their serious effect on the material and spiritual life of human societies, inappropriate and removed hijab are particularly important in our world. There has been a legal perspective on this issue in Iran after the victory of the Islamic Revolution. This study is an attempt to investigate the participatory and preventive criminal policy of the Islamic Republic of Iran and seek to find out the extent and possibility of non-governmental organizations' intervention at both active and passive levels with regard to women's inappropriate and removed hijab. This analytical desk-study attempts to explain preventive and participatory measures in this area. The findings show that participatory and preventive criminal policy should be highly considered to control inappropriate and removed hijab in society, particularly that inappropriate and removed hijab may, in some ways, be considered as a violation of individuals' privacy. The institutionalization of hijab in society and the realization of justice are better achieved through family-oriented plans, educational measures, increased public awareness, public participation, promoted accountability, and promoted culture. These measures should indeed be increased quantitatively and made more desirable qualitatively.

According to Article 34 of the Constitution, litigation is an inalienable right of every individual, and all members of the nation can go to court. However, the application of the right to sue as an inalienable right has conditions and formalities, and it is possible to refer to the judiciary if its conditions and formalities have been fulfilled. On the other hand, according to the Code of Civil Procedure of the General and Revolutionary Courts in Civil Matters, this authority is intended to respond to the nature of the dispute in the same way and if the objection is received, the court will reject it. To file a lawsuit, however, this does not mean that if the defendant does not attack and there are objections and obstacles in the lawsuit, the court will not pay attention to the objections and obstacles and will continue the judicial proceedings. Looking at the general provisions of the Code of Civil Procedure, it can be seen that the legislator was not indifferent to this issue, but in Article 2 of it, by enacting a general rule, obliged the courts to hear lawsuits filed by the beneficiary in accordance with the law.

Consideration of the matter must be by the competent authority. Now, if the prosecutor's office, in spite of the incompetence and during the proceedings or the end of the trial, decides on one of the objectionable decisions, with the objection of the plaintiff or the other party to this case, the case will be sent to the competent court for consideration. Pursuant to Articles 117 and 121 of the Code of Criminal Procedure of 1392, it can be said that the lack of jurisdiction does not cause violations of the court's numerical contracts by the court, so these appointments are excluded from the discussion. Violation of the final misconduct of the prosecutor's office is subject to the complaint of the plaintiff and the court considers it in accordance with Article 274 of the said law. Now, the important question is whether these objections are flawed and based on the above-mentioned article. Can the court violate the final objections of the protester? According to the article, it does not answer this question and this has caused a difference in the jurisprudence and legal practice of the judiciary

Weaknesses from create security by the criminal arsenal, it provided the ground for citizen participation. In this type of cooperation, Citizens have a more serious presence providing security and with the use of some officers' powers react to crime. The arrest of the defendants is one of the powers that the legislator, pursuant to Note 1, Article 45 of the Code of Criminal Procedure has given the citizens. The purpose of writing this article, In addition explaining the mandatory or optional activities of citizens to arrest the accused, Investigating the framework of criminal and civil liability of citizens under the protection of justified means and factors Excluding Criminal Responsibility. The methods research is descriptive-analytical and using library resources. It seems that the legislator has allowed such activities to citizens and this permission as one of the Justifiable crime factors any criminal and civil liability of citizens is denied, but the existence of some Factors for Excluding Criminal Responsibility, such as mistake and ignorance in the process of arrest, may encounter the citizenry of the intervener with a variety of legal responsibilities. These responsibilities will reduce the level of citizen participation and will not provide the purpose of enacting the law.

Perhaps one of the first interpretations that comes in to our mind in the context of crimes in the cyber space, the crimes are that is termed as the against of chastity. With the expansion of cyber space users and the increasing use of cyber space in all aspects of human life, the types and manner of occurrence of these crimes have been increasing day by day. The present research was done to the purpose of investigate the impact of cyber space on people’s tendency to commit acts of against chastity and compare it with real space. This research is descriptive analytic. The method of information collecting is field and its collecting tool is the questionnaire. It’s statistical society is limited to 150 people social networks users in Tehran and sampling was done randomly. The findings of the research indicate that cyber space is more effective than real space in the people’s tendency to commit acts of against chastity. Therefore, Iran’s criminal policy has not been efficient in confronting with the crimes of against chastity in cyber space and to confront with these crimes has been restricted to judicial conflicts. no success has been achieved in controlling internet damages yet.