فصلنامه پژوهش حقوق کیفری
پیاپی 33 (زمستان 1399)

The global justice and security of today's world challenges a variety of issues, such as terrorism, human rights and human rights violations, crimes against humanity, war crimes, violent repression of authoritarian governments, etc., all of which have a significant impact on global criminal justice and security. They need to be restored, confronted and confronted. In the meantime, international bodies such as the United Nations Security Council, which on the one hand are subject to universal consensus and have their views and ratifications, and on the other hand have the power and capacity to deal with issues that violate international security and criminal justice, Consider a suitable solution. In this descriptive and analytical study, we found that the Security Council used tools such as the theory of responsibility and support, as well as the capacity to refer specific cases to the International Criminal Court, as well as the right to resort to military force and assign it to the United Nations. It is a consensus of the countries of the world, acting against the threatening manifestations of international criminal justice and security, all of which are palpable in the cases of Rwanda, Yugoslavia and the like.

Today, an investment in football sector, which as one of the most popular sports around the world, has led to an upward trend. In fact, the huge money that has spent on the transfer of players, the right to broadcast television, sponsorship, etc., has provided a suitable platform for money laundering in the field of football. As a result, the Financial Action Task Force expressed the need for an alert on the issue of money laundering by publishing a 2009 report on such a dangerous environment. In this regard, the FATF does not just discourage the identification of vulnerable areas of money laundering in the football sector, but numerous prior and posterior mechanisms are in place to deal with these behaviors. Thus, during the present research, it attempts to study the FATF's measures against money laundering in football sector and also analyzes of Iranian legislator function to enforce each of the aforementioned measures.

One of the severe qualities of punishments is plurality of crimes, it is divided into two types: actual and credit. About number of crime. Criminal lawyers believe to guilty punish severely, while .this view is not about the number of credit. But, regarding to examples of number of actual and credit there is disagreement, one of the differences is that a criminal during commit a crime, that is his/her main purpose, do another crime as an introduction of original crime. Now, the question is this situation the preliminary crime should be inside of main crime and believes in the unity of crime or it is one of the example of number crime (actual)? The Iranian Penal Code is silent about the topic under discussion but with reference to the doctrine and jurisprudence, it was necessary to consider this point that in the Iran's current criminal law, "give priority a crime to another” is one of the examples of actual plurality of crime.

Alternative imprisonment have been evaluated from various aspects, but what makes all these kinds of writings valid is firstly their legal evaluation independently and in interacting with other institutions of Islamic Penal Code. Meanwhile if it is abandoned because of its inefficiency, it is not possible to exploit the benefits of its implementation. This study is attempt to examine the general condition of multiple crime in alternative imprisonments (article 72, IPC), and interaction with other law institutes. the same way, it scrutinizes the effect of this confrontation on the determination of the penalties for alternatives imprisonment to clarify the effectiveness of this lenient institute and the limitations of applicable penalties. what springs to mind first regarding the multiplicity of crimes and the existence of this condition in alternative imprisonment, is intensification of this institution to deprive the perpetrators of a criminal offense of alternative imprisonment. On contrary, with the clarification of concept, the immediate effects of this condition will be determined by the fact that it will exacerbate minor offenses on one hand and discount for serious crimes and dangerous offenders on the other hand. Consequently, the existence of such a condition in the alternative imprisonment will rupture this institution.

Crowdfunding is a new topic in management science, which means collecting funds to advance projects through popular contributions. This phenomenon, in order to attract public assistance in honoring new ideas and creative minds, calls for its operationalization in the community; However, there is a narrow difference in attracting public assistance for criminal acts, especially terrorism financing. In the financing of terrorism, the collection of funds or assets for the delivery of terrorist individuals or terrorist organizations can be of legal origin and popular assistance; therefore, the challenge of this article is that In a tangible criminal policy How should the distinction between innovative ideas and criminal thought be clarified? This paper, by examining the characteristics of crowdfunding, on the one hand, and the expression of the components of terrorism financing, on the other hand, has achieved that what determines this difference is the purpose of financing, not its origin and easing in source, along with the control of the destination (and not mere inquiring into the intentions of the citizens), can be a plan to support crowdfunding in society to fertilize ideas along with haltering the financing of terrorism.

In the domestic law, the damage to the murdered family as a result to the deliberate killing of the murdered family has not paid special attention and the offender or community has no obligation to survive the victim’s survivors. However, the loss of a member of the family faces other members of the pupulation with various crises and provides a source for many deviations and problems in the family and society, especially if the lost member is a family leader. In this article concluded that the crime of internation murder in addition to the direct victim (victim) has an indirect victim ( such as a parent and victimized) in the first step and in the next step, be supported by the legislator and the community. In this way , it is clear from the examination of domestic law that the definition of victim includes relatives and victims of the victim and on the basis of various legal, religious and rational principles, it should be supported in various international documents as well. Victim survivors have been used and member states have been required to support this group of victims.

Fundamental principles in any legal system that are in heart of legal structures of that system, construct infrastructure and basis of any legal system. For access to definition of legal principles, should be attended to its features, namely generalization, continuity, having social value and flexibility of principle. Accordingly, fundamental principles of procedure are broad and permanent principles that originated of fundamental and constitutional law that their existence causes duration and continuity and their absence causes fragmentation of procedure life and its legitimacy. Fundamental principles in preliminary research phase, on the one hand, in framework of principles and rules governing on protection of individual rights and freedom of accused and victim and on the other hand, in framework of principles and rules related to protection of order and security of social people has ability to operation and enforce. Security and guaranty of these fundamental principles through recognition of relationship these principles with procedure measures and determination of suitable enforcement against any lack of attention or violation are Possible.

Hoarding of goods is one of the challenges that disruptes the balance of the economies of countries. It is not possible to achieve the economic goals and programs of the states, without the control of hoarding and it's criminalizatin. The both legislators of Iran and Afghanistan have passed many laws on hoarding during their legislative history, in accordance with the conditions governing their communities and in support of livelihoods and the economy of the people. This plural laws indicate the importance of the issue of hoarding on the one hand and the ineffectiveness of the laws laid down on the other. In the legal system of Iran and Afghanistan, hoarding has been prohibited under conditions of "violation" or "crime" and has been subject to administrative or criminal responses. In the legal system of Iran, hoarding is a violation and under the special terms is subject to criminal prosecution. In the legal system of Afghanistan, hoarding is considered to be both a violation and a crime, and at the same time faced with administrative and criminal responses.

According to the Iranian Code of Penal Procedure (2013), as welcomed by most jurists, as soon as he/she is acquitted or discharged, any defendant detained in the course of the pretrial investigation and/or trial, is principally deemed to deserve compensation from the State. Notwithstanding the positive effects of the said initiative of the legislator, which have been sufficiently underlined, it is generally overlooked that Iran/s international obligation is not paying compensation to “innocent” defendants. Rather the obligation provided in the International covenant on Civil and Political Rights is to guarantee reparation for victims of illegal arrest or detention, whether or not they are found guilty of any offence. Underlining the difference between the test of “innocent defendant” on the one hand and the test of “victim of illegal detention” on the other, the article examines both the positive effects and particularly the deficiencies of the current legislation. We find that the current test and applicable procedure of reparation should be revised and the legislator needs to reconsider its position about the strict liability of the state, notwithstanding unrealistically permitting it to sue the faulty party in the detention after paying compensation