فصلنامه حقوق پزشکی
پیاپی 44 (بهار 1397)

The approach of human rights activists is focused on making the issues and points related to the observance of human rights or its violation the responsibility of international companies. Therefore, the purpose of this study is to investigate the responsibility of international companies in cases of violation of human rights obligations in societies.

 The present research method has been prepared as a descriptive analytical method using library data by taking notes from legal texts.

International human rights law obliges international companies to act in accordance with certain rules or to refrain from certain actions in order to promote and protect the human rights and fundamental freedoms of individuals and groups. By becoming a party to international treaties, companies are committed to fulfilling the responsibilities and duties under which the human rights of individuals must be respected and protected by governments.

The results show that human rights violations by international companies can not be prevented. But there seems to be no requirement for companies to comply with human rights, and international action by the United Nations and the International Labor Organization has also confirmed that since companies are not yet principal subjects of international law, there can be no punishment or It is a requirement for them and the agreement of the countries is not easily possible and only through voluntary actions and incentive and awareness policies, companies can be encouraged to respect human rights.

In the Field of Criminal Law, the Term Criminal Inflation is Used When Criminal Titles Increase in the Criminalization Process. It Should be Noted That Criminal Inflation and the Uncontrolled Increase in the Criminalization of Various Behaviors in Society Mainly Lead to the Real Inefficiency of the Domestic Criminal Law System. Due to the Lack of Necessity and the Feeling of Need on the Part of Society, the Criminal Norm is not Observed in Practice by Law Enforcement Officials, and as a Result, There Will be Basically no Sense of Ugliness in Violation of this Norm in Society.

This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.

</strong> The Right to a Fair Trial That Has Entered the Domestic Legal Structures From the Space of International Human Rights Instruments and Norms It Has Several Instances, Such as Being Tried by an Independent and Impartial Tribunal, the Principle of Innocence, Providing Information About the Nature and Reason for the Charge, the Right to a Trial Without Undue Delay, The Right to Question Witnesses, Etc; As a Result, the Right to a Fair Trial is Closely Related to the Concept of the Rule of Law.</span>
Ethical Considerations</strong>: In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

The Concept of the Rule of Law Has Five Basic Elements, Which Are Very Closely Related to the Right to a Fair Trial. The Less Attention is Paid to the "Rule of Law" in Policy and Legislation, the More Challenging the Elements of the Rule of Law in the Executive Process. When the Legislator in the Process of Legislation and Criminalization, Regardless of Social Necessities, Defines Various Criminal Titles and, in a Sense, Creates Criminal Inflation in the Legal System, by Creating Traffic in the Countrychr('39')s Judicial Structure, Even Without Necessity, it in Fact Confronts the Main Elements of the Rule of Law, and in Particular the Right to a Fair Trial, With Serious Challenges.

In Order to Realize the Political Ideals of a Society, Which are Reflected in Its Constitutions, The Independence of Judges and the Judiciary Play an Essential Role. In Order to Achieve These Ideals, Social Justice and Citizenship Rights Appear as Demands of Societies.

This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and Has Been Done by Referring to Documents, Books and Articles.

 Among the Appropriate Requirements for the Realization of Judicial Independence, We Can Point to the Rules and Regulations That Guide the Society in Its Path Towards These Ideals With Impartiality and Justice. Therefore, it is Necessary for the Rule of Law to be Established in This Society and the Judiciary Independent of Getting out Through Justice in Society is Sensitive. This Study, by Describing and Analyzing these Concepts With a Comparative View, Identifies the Importance of the Existence of an Independent Judiciary in the Realization of Social Justice and Civil Rights and Examines Why the Rule of Law is a Necessary Condition for the Existence of an Independent Judiciary.
Ethical Considerations</strong>: In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

The Tools of an Independent Judiciary Can be a Kind of Guarantee of the Social and Human Rights of Citizens, And the Existence of a Philosophy of Rule of Law in This Legal System is a Prelude to This, a Society Without Rule of Law Does not Have a Legal System in the True Sense of the Word.

The United Nations Security Council, as the Institution for Maintaining Global Peace and Security, Has an Important Role in International Conflicts and Disputes. Wars are Also One of the Cases in Which the Role of the Security Council is Prominent. Specifically, the Security Council has Expressed Various Positions and Approaches to the Iraq Wars Against Iran and Kuwait, and the Present Research Examines This Issue.

The method used in the present research is descriptive-analytical that the data analysis has been done by reasoning method.

 The Security Council, Considered as an Institution Responsible for International Peace and Security, Has Taken a Conflicting and Dual Approach Regarding Iraqchr('39')s Aggression Against Iran and Kuwait. So That at the Beginning of the War, During the War and Also Its End, a Duality is Evident in the Decisions of This Institution. The Lack of Explicitness in Issuing Resolutions Against the Adversary (Iraq) Against Iran and, of Course, Receiving Compensation From Iraq and Granting Them to Kuwait are Considered as Important Parts of This Duality.

 The Dependence of the Security Council Institution on Global and Western Powers, Lack of Independence in Voting, Disregarding the Rights of Developing and Independent Countries, Having Veto Right, and the Use of the Votes of the Five Main Powers to the Detriment of Independent and Free Countries are the Most Important Criticisms Proposed Against the Security Council That Can be Raised, Which Their Evident Manifestation have Been Reflected in the Iraq War Against Iran and Kuwait in the Stages of Issuing a Resolution, Managing the War and Receiving Compensation From the Aggressor. It Seems that Receiving Compensation From Iraq and Punishing Other Warring Aggressors in the Middle East Can Recreate Credibility for This Institution.

Compensation is the Most Important Role of Insurance. The Scope of Damages in Insurance Goes Far Beyond the Definitions of Civil Law on Coercive Guarantee. Because Insurers are Liable for both Contractual and Coercive Damages. Based on the Ethical Considerations and Principles Governing Social Relations, Insurance is Obliged to Compensate all Damages And is Restored to its Former State. But Sometimes the Amount of Damages to the Insurer is Such that the Insurance Company is not Able to Compensate the Damage, so the Primary Insurance Companies Try to Reduce Their Liability by Dividing the Liability Under the Reinsurance Contract. Takaful is an Islamic Insurance Contract that Divides the Risk by Creating Solidarity Among the Participants. Now the Main Question is how the Citizens of the Society Can Seek Compensation Through Reinsurance and Takaful and how These two Institutions Work to Compensate. Is it Sequential? One of the Results of This Study is that in Reinsurance Through Partial and Non-Partial Compensation, Compensation in Excess Contract for a Certain Period of Time, Compensation in Compulsory and Optional Reinsurance and in Takaful Based on the Models of Mudaraba and Advocacy to The Purpose of this Study is to Introduce a Practical Solution for the Islamic Citizenship Community to Compensate by Islamic Insurance and Without Jurisprudential Objections to Insurance. As a Result, in Case of Proper Scientific Explanation and Legislation, Takaful Can be Introduced as a Suitable Alternative to Conventional Reinsurance.

With the Passage of Time and the Expansion of Civil and Criminal Laws and the Procedure Becoming More Complicated, The Need For a Lawyer has Increased, and the Right to Have the Services of the Lawyers of the Judiciary has Allocated More Stringent Legal Protections in the World to Itself. The Topic of Crimes and Violations of the Lawyers of the Judiciary and Issues Related to it on the one Hand, Will Maintain the Rights of the Honorable Job of Advocacy and on the Other Hand, Will Acquaint the Clients With the Contractual Rights Arising From the Advocacy Contract. And Their Citizenship Rights are Also Observed. The Proposed Question is What Crimes Can be Realized by a Lawyer of the Judiciary in the Direction of Advocacy Affair Regarding a Client? And are There Rules and Regulations That Can Guarantee the Implementation of all Violations by the Lawyers of the Judiciary? In Examining the Specific Crimes of the Lawyers of the Judiciary, the Most Important of Which Can be Mentioned as the Disclosure of Professional Secrets, Tax Issues Fraud, Claiming Influence and Pretending to Advocacy; Lawyerschr('39') Violations Regarding Clients, the Judiciary and the Bar Association are Most Evident. The Necessity to Perform This Article is to Realize Violations Without a Guarantee of Enforcement, Which Deserves Special Attention of the Responsible Authorities. Although the Research Findings are the Identification of Specific Crimes and Violations of Advocacy Regarding the Client, But the Main Challenge in This Article is the Lack of Adequate Rules and Regulations to be Able to Ensure the Implementation Guarantee of All Legal Violations of Lawyers, the Absence of Which Will Undoubtedly Lead to the Impudence of Violating Lawyers and the Violation of the Rights of the Litigants as Clients, Which Would Undermine the Dignity and High Value of Advocacy. The Twenty-Four Efforts of the Lawyers of the Judiciary are in Order to Honor the Position of Advocacy and the Citizenschr('39') Legal Assistance, Lest no Dust Settles on Justice, That This Issue Can be Realized With the More Than Ever Supervision of the Bar Association of the Judiciary by Considering Citizenschr('39') Rights.

 The Inefficiency and Criticisms of the Traditional Model in Curbing the Criminal Phenomenon, As Well as the Achievements of Criminal Science in Particular in Recent Decades, Have Led to a Fundamental and New Change in the Ideas, Patterns and Tools of the Judiciary and This Development has Led to a Change in Judicial Approaches and the Formation of new Structures and Types of Criminal Response.

This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.

 Due to the Fact That Cyberspace is Becoming More and More Widespread, and at the Same Time, the Methods of Committing Crime Also Take on a Different Color and Smell With the Advancement of Technology. In the Face of Crime, the Judicial System in Iran Uses the Various Elements and Institutions of the Criminal Justice System. At the Beginning of Dealing With Crime, it is the Prosecutorchr('39')s Office and the Prosecutor Who, as the First Judicial Institution, are the Factors Influencing the Quality of the Trial Process and Also Play an Important Role in Achieving the Goals of the Criminal Justice System. Suffice it to Say That the Success or Failure of Criminal Policies Wes Much to the Performance of the Judiciary and the Prosecutor.

Ethical Considerations:

In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity have Been Observed.

In Iranian law, All Forces, Including the Police, the Prosecutor, The Dispute Resolution Council, and Finally the Prosecutorchr('39')s Office, Are Involved in the Entire Cybercrime Process. In the UK Legal System, The Prosecution is Not Involved in the Investigation and Inspection Phase; As it is the Duty of the Regional Police Unit to Deal With Most Crimes at the Micro and Macro Levels. While in Other European Countries, the Opposite Method is Common. The Purpose of This Study is to Investigate the Role of Judicial Officers in the Prevention and Control of Cybercrime in Iranian and British law.

The Capital Market has an Important Role in Financing the Economic and Service Projects of the Country in the Private and Public Sectors and Consequently Improving the Rights of Citizens in Terms of Services and Facilities. The Main Purpose of This Study is to Design and Explain an Effective Model in Advertising and Marketing of Brokerage in Order to Attract Financial Resources in the Stock Exchange and Provide Services and Facilities for Citizens.

 In This Study Hypotheses have been Tested Using χ2 and T Tests. First, Using the Chi-Square Test, We Will Show That There is a Significant Difference Between the Opinions of the Sample People About the Questions Related to Each Hypothesis. Then, Using t-test, We Compare the Practical and Theoretical Means.

Awareness of Citizenschr('39') Needs as Customers, Providing Online Financial Services to Facilitate Citizenschr('39') Affairs, Mechanizing Services and Crediting to Citizens, Creating a Diverse and High-Yield Portfolio, Considering Appropriate Discounts, Introducing Customers Through Intermediaries, Creating Infrastructure Appropriate Technology, Full Implementation of Investment Rules and Regulations and the Establishment of Legal Interest Rates are Among the Solutions That Can Expand the Citizens’ Rights in the Field of Financial Services Marketing.

Expansion of Internet and Face-to-Face Services and Brokerage Branches for Citizens, Accelerating the Provision of Services to Citizens, Respecting to Their Dignity, Utilizing Expert Services in Providing Services, Improving Customer Management System, Reducing Service Costs, Creating Competition for Proper Use of Citizens, High Quality of Customer Relations, the Issuance of Securities Through Appropriate Channels and the Establishment of Favorable Trading Stations for Citizens are Among the Mechanisms that Can Realize the Citizens’ Rights as Customers of Financial Services.

The Failure of the International Organizations and Governments in Establishing Sustainable Peace the Way the Researchers Also Believe in is of so Much Importance in the Arena of International Laws That the Research in This Area is Still Being Continued. Most of the Researches Introduce the Belief in the Cooperation Between the International Organizations and Governments as the Most Important Factors of Creating Peace and Even Rendering it Persistent. Though Being Necessary for the Creation of Peace, These Ideas and Beliefs Never Guarantee its Sustainability. Thus, the Present Study Aims at Investigating the Subject “Sustainability of Peace” With a Novel Approach Named Hermeneutic Analysis of the Feasibility of This Kind of Peace.

Rawls’s Democratic Peace Perspective Which is Based on Human Right Teachings Expands the Grounds of Peace’s Stability and Persistent to Beyond the Domain of the Governments and International Organizations and it Guides us to This Finding That the Sustainability of Peace Entails the Actualization of a Sort of Cultural Discourse Hence Symbiotic Life Amongst the “People”. It is Necessary to Reach a Correct Perception of the Human Commonalities of the People in Regard of Peace and its Persistence Despite the Culture’s Ground-Driven Differences With the Important Subject of the Hermeneutic Approach to the Issue Falling on the Axis of Contemplation.

StudyMethod:

The Study has been Arranged Based on a Descriptive-Analytical Method and Use has Been Made of Library Research and Note-Taking.
Ethical Considerations:</strong> The Important Ethical Considerations of the Research are the Observance of the Principles of Trusteeship, Honesty and Content Production.

Nondemocratic Governments are Inherently at Odd With Peace and its Stability. The Efforts of the Ideologue Governments, as Well, are Made in line With the Actualization of Their Own Ideals and Negligence of the Importance of Agreement on a Stable Concordance. The Actualization of Unity in Ideas in the Area of Peace Between its Real Demanders, i.e. The People Even With Their Cultural Differences, Can be Done Through Adapting Their Horizons of Understanding and Perception to the Necessity of the Peace’s Sustainability.

The Amazing Progresses in the Information Technology During the Late Twentieth Century and Early 21st Century Were Accompanied by Countless Metamorphoses in the Various Areas of the Mankind’s Life. The Growth and Perfection of Information and Communication Technologies and Increase in Enjoying the Cyber (Virtual) Space That is the Product of the Information and Communication Technologies Followed by the Individuals and Communities’ Maximum Ease in Access to These Modern World’s Accomplishments Practically Caused Evolution in Our Approach Towards the Governance From a Traditional Concept to a Modern Concept in the Global Arena.

The Present Study is a Theoretical Research Conducted Based on a Descriptive-Analytical Method. Library Research Through Referring to the Documents, Books and Articles Has Been the Information Gathering Method.

StudyMethod:

This World Which is Called Information Technology Or, Beyond That, Cyberspace, Influenced the Traditional Concept of the Government. In Line With This, Besides Keeping on its Survival Using the Traditional Methods, the Modern Electronic Governor Should Keep Himself Immune of the Abuse in This New Space. In Other Words, the Virtual Space Has Played a Role as the Main Actor in the Evolutions of the Electronic Government. The New Challenges of the Electronic Government Stem From the Conceptual Evolution and This Institution’s Impression by the Virtual Space and Digitalization.

Ethical Considerations:

Meanwhile Observing the Text’s Originality, Honesty and Trustworthiness Have Been Also Observed in the Whole Course of the Present Study’s Authoring Stages.

Besides Keeping Itself Up-to-Date and Using Novel Technologies in the Governance Domain, Government Should tie the Traditional Discourse of This Concept to a New Discourse Thereof and Take Advantage of Modern Tools in the Best Possible Way For The Actualization of the Citizens’ Rights and Lawfulness. Although the Extant Challenges Have Entangled the Government and are Interfere With its Performance of the Assigned Tasks, the Reality is Facing Such an all-Inclusive and Global Space. Various Instrumental Areas Have Been Guided in Modern Democracies Towards the use of These Tools so Their Entry Should be Accepted as a Reality in the Citizens’ Political Life.

Ensuring Respect for Human Rights in the Realm of Fair Trial; Observance of all Formal and Substantive Guarantees Related to the Rights of the Litigants is Required in Criminal Proceedings. However, Today, Following the Increasing Number of Crimes and Social Deviations, Especially Terrorist and Security Crimes, we are Witnessing a Shift in the View of Justice-Oriented Formal Rights in Order to Ensure Security and Fight Crime From a Security-Oriented Perspective, Which is Derived From Modern Criminological Teachings.

This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has been Done by Referring to Documents, Books and Articles.

The Shadow of Criminal Law-Based Security Criminology, Especially Criminal Law, Has Transformed Everything Conceived in a Fair Trial with Human Rights Guarantees. And by Ignoring the Principles and Criteria of Fair Trial, Strict Criminal Procedure has Emerged Both at the Preliminary Investigation Stage and at the Stage of the Trial.

Ethical Considerations:

In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity have Been Observed.

Ignoring the Principles and Rules Governing a Fair and Just Trial, although as a Temporary Shelter, it Will Have a Detrimental Effect on the Order and Security of Society, Which Will not be Compensated in any Way, Because What is Certain is that the Purpose of Criminal Law is to Create Security in the Society, But it Should not be Allowed to Violate the Fundamental Values of the Accused and the Suspects.

The Phenomenon of Cyber Warfare, Which as a Result of Increasing Advances in Science and Technology, Has Today Become a New Method of Warfare in the Field of International Relations, Is Slowly Moving Towards Legalization, As With the Development of Cyber Weapons, We Are Witnessing The Emergence of Legal Issues in the Field of International Humanitarian Law, To Evolve the Legal Concept of War and the Use of Force and Efforts to Regulate and Extend the Rules of Armed Conflict to Such Confrontations by Governments.
In This Regard, Despite the Fact That We Have not Witnessed a Binding Treaty, But With the Development of the Tallinn Manuals 1 and 2, an Attempt Was Made to Reveal the Shadow of the General Rules of International Law on Cyber Activities.
This Study Tries to Examine the Concept of War and Armed Conflict, in Accordance With the Progress of Science and the Use of Cyberspace as a Battlefield of Governments, The Ability to Observe the Principles and Rules of Armed Conflict in Cyber Warfare by Looking at Tallinn 2 Instructions on Cyber Attacks.

This Research has Been Done by Using Descriptive-Analytical Method, by Collecting Materials and Organizing Them to Achieve the Final Goal of the Research, ie, Proving the Applicability of the Rules of the Law of Armed Conflict on Cyber Operations.

As the Use of Any Type of Weapon, in Certain Circumstances, May be Interpreted as the Use of Force or War, Cyber Operations, If They Have the Characteristics Described in the Tallinn 2 and in Relation to the Tallinn 1 And the Previous Theories Have Been Developed and Interpreted, it is Considered a War and the Special Effects of the War Will be Borne On it.

The Rules of International Law of Armed Conflict Can be Applied in Situations Where the Use of Cyber Operations has Characteristics That, According to Tallinn 2, Recognize Cyber Weapons Operations as a Cyber War.

Respect for Human Rights and Freedoms is one of the Fundamental Human Rights in all Legal Systems, Especially the Islamic legal System. Achieving Freedom of Expression, is Mentioned in Article 19 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights. It Requires the Affirmation of Reasonable Principles and Justifications. Our Aim in This Study is to Examine the Right to Freedom of Expression in Islamic and International Law and to Achieve the Strengths and Weaknesses of This Right in the Above two Legal Systems.

This Article is Descriptive-Analytical and has been Compiled by Library Method.

 The Findings Show That the two Systems of Islamic law and International Law have Common Views on the Right to Freedom. The Definition of Freedom of Expression Given by Legal Scholars is that "Freedom of Expression Means Freedom to Express onechr('39')s Opinion, Whether Social, Political, Philosophical or Religious." In Addition, all Thinkers Believe That Freedom of Expression Must be Within a Specific Framework so as not to Harm the Rights of Others. In fact, Freedom of Thought and Expression is a Vital Right That has Been Studied and Analyzed From Various Religious, Philosophical, Social, Moral, Legal and International Chapters and has been Reflected and Examined in Domestic Laws, Documents and International Treaties.

According to Studies Conducted in the Implementation of Islamic and International Legal Systems Regarding the Right to Liberty, Both in Islamic Law and in International Law, the Right to Liberty is Jointly Considered as one of the Vital Human Rights and Although in Between There are Slight Differences, But in Both Systems the Right to Liberty is Respected.

Jurisprudential Rulings are General Concepts Related to Issues that are the Responsibility of the Sharichr('39')a to Determine and Explain Them. But the Definition and Explanation of all the Issues that are Possible Rulings is not Within the Scope of the Mission of the Sharichr('39')a and the Duties of the Jurists; Rather Most of the Topics are Taken From Custom and Society.
The Main Purpose of This Study is to Investigate Citizenship Rights that Have Been Formed as a Result of the Expansion of Todaychr('39')s Societies and are Related to Custom, Which is one of the Important Sources of Legislation.

This Research is Theoretical and the Research Method is Descriptive-Analytical. The Method of Collecting Information is in the Form of a Library, Which has been Done by Referring to Jurisprudential and Legal Books.

 Jurists Consider the Role of Credit and Interpretations and a Special Place for Custom. In Law and Sharia, Sometimes Explicitly and Sometimes Implicitly, the Recognition and Application of Issues is Left to Custom. Undoubtedly, Traditions and Customs Gradually Become Social Values or Cause Their Formation. As a Result of this Development in Human Societies, New Issues and Rights have Emerged in the Relationship Between Human Beings in a Collective and Social Life Called Citizenship Rights. This Article Tries to Examine the Role of Custom in Applying Concepts and Examples to the Issues Formed Under the Title of Citizenship Rights.

Citizenship is a General Concept That Includes Civil, Social and Individual Rights and Can be the Subject of Many Laws. Since two Sources of Sharia and Custom are Used in Determining and Codifying Laws; Custom has a Fundamental and Important Role in the Formulation of Citizenship Laws and Where the Law is Ambiguous in Determining Instances and Concepts.

Criminal Proceedings are a Long Process that Begins With the Discovery of a Crime and Ends With the Execution of Criminal Sentences. Different Persons Play a Role in the Criminal Proceedings That in a Division Can be Divided Into two Groups of Judicial and Non-Judicial Persons.

Materials and Methods:

The Research Method in This Article is Library and Using Citation and Filing Resources.

The Findings Indicate That the Criminal Procedure Code adopted in 2014 With the Amendments of 2016 Has Innovations in Different Aspects. This Law Pays Attention to the Role of Illegal Persons in the Judicial Process, Which has Assigned the Rights of Citizens to Them Independently of Administrative Bureaucracies.

In the New Criminal Procedure Code, the Role of Non-Judicial Persons in Criminal Proceedings has Become more Prominent Than in the Past, and this Change is Partly Due to the Change in the Nature of Criminal Proceedings and Related Paradigms and the Acceptance of Some Aspects of Restorative Justice Orginated Citizenship Rights Approved in 2016. Other Factors Such as the Need for a Fair Trial, the Complexity of Crimes and Defendants’ Behaviors Also Require the More Effective Presence of Non-Judicial Persons in the Criminal Proceedings. Among the Innovations, the Active and Effective Presence of Social Workers in Various Stages of Criminal Proceedings, the Presence of Competent Persons in the Formation of Personality Files, the Presence of Counselors in Juvenile Courts and the Role of Non-Governmental Organizations in Criminal Proceedings and Some More Competent Centers and Organizations are More Notable so That we Can Say the Criminal Procedure Code Approuved 2014 Has Different Aspects of Restorative Justice With the Presence of Non-Judicial Persons.

Please cite this article as:

Shirsavar Shahvand M, Mirkamali S A, Rajabi A. The Position of Non-Judicial Persons in the New Code of Criminal Procedure in the Criminal Procedure and in the Light of Citizenship Rights. Iran J Med Law</em>, Special Issue on Human Rights and Citizenship Rights 2018; 215-229.

 Corporate Banking as one of the New Methods of Banking Has an Important Role in Providing Services to Customers and Also Improving the Process of Financial and Banking Facilities. The Purpose of This Article is to Provide a Model for the Implementation of Corporate Banking in Specialized Banks and its Impact on Citizenship Rights, Which has Studied the Keshavarzi Bank as an Example. The Structure of the Research is in the Form of Definition and Description of Corporate Banking, the Importance of the Role of Banking Services in Improving the Affairs of Citizens and Designing a Model for Setting up Corporate Banking in Keshavarzi Bank.

Materials and Methods :

The Research Method is a Combination of Quantitative and Qualitative Methods. The Study Population in the Qualitative Part Includes all Experts in the Field of Banking and Corporate Banking, and in the Quantitative Part are all Managers Related to the Activities and Services of the Corporate Banking of Keshavarzi Bank, Whose Number is 1600 People. The Sample Size in the Qualitative Section Includes 21 Experts in the Field of Corporate Banking and in the Quantitative Section According to Morgan Table is 310 People. We Used Semi-Structured Interviews in the Qualitative Section and Questionnaires in the Quantitative Section to Collect Data.

The Research Findings Showed that the Factors are the Lowest Priority to the Highest Priority in the Form of 1) Customer Identification, 2) Marketing Strategy, 3) Communication Channels, 4) Corporate Banking Performance, 5) Needs Identification, 6) Competitive Advantage 7) Data Security, 8) Attracting and Retaining Customers, 9) Innovation and Diversity, 10) Skills and Expertise and 11) Customer Loyalty.

Keshavarzi Bank, by Using the Corporate Banking Idea, Can Satisfactorily Consider the Needs of Citizens in the Form of Customers, Create Appropriate Banking and Financial Solutions to Respond Effectively, Provide Appropriate Credit Services to Citizens , Provide Diversified and Specific Packages in the Field of Financing, Facilitating International Trade and Businesses in Global Markets, and Finally Facilitating Working Capital Facilities.

Objective and Background:

In Cases That two Forbidden Actions are one Worse and the Other Worst, the Intellect Rules That one Should Welcome the Worse and Unpleasant Action for Avoiding the Worst and the Most Unpleasant Action Provided That This is the Only Solution and the Citizenship Rights are Observed by Both the Person and the Government.

the Present Article Tries Investigating the Way of Repelling the Worst by the Worse as Stated in the Penal Laws and Also in the Light of the Citizenship Rights.

Study Method:

the Present Descriptive-Analytical Research has Been Carried out Through Library Research.
Ethical Considerations:</strong> The Present Study Has Been Conducted Through the Observance of the Content Originality as Well as in Adherence to Such Principles as Fairness and Trustworthiness.

 It Will be Observed in This Article That There are Times That the Only Way for Getting Rid of More Corruptions is the Perpetration of and Giving up to Actions With Less Depravity; This Maxim is Termed “Repelling of the Worst by the Worse” and its Examples Can be Seen in the Statutory Provisions, Particularly the Penal Lore But, of Course, With this Exception That the Citizens’ Rights Should Not be Damaged by any Means Hence it is Necessary to Investigate and Analyze the Examples of This Axiom in Iran’s Penal Regulations.

The Contents of the Maxim “Repelling of the Worst by the Worse” in the Penal Laws Include the Permissibility of Perpetrating Worse Actions for Avoiding the Perpetration of the Worst Actions. In Fact, Such Contents Incorporate one of the Examples of the Maxim “the Most Important and the Important”. Considering the Novel Nature of This Axiom and its Match With the Latest Subjects in Political-Social Terms, it is Posited That What are the Examples of This Maxim in Iran’s Penal Regulations and That Can the Citizens’ Rights be Trampled With the Excuse of Repelling the Worst by the Worse? It can be Expressed That This Axiom is Overlapping With Such Other Maxims as Legitimate Defense, Citizenship Rights, Legal Authorities’ Instructions, Enforcement of the Most Important Rule and Urgency in the Penal Laws.

Unraveling of the Perpetrated Offences has Become a Difficult and Complicated Task Due to Various Reasons With the Entry of the Novel Technologies and Use of new Instruments in the Organized Crimes in Such a Way That the Agents Responsible for the Discovery of the Offences Have Exited Their Prior Passive States and are Actively Organizing Their Investigations. The Results Have Shown That the Victimless Crimes, Offences Perpetrated With the Satisfaction of the Parties And the Crimes for Which the Victims do not Complain due to Being Fearful or Having no Knowledge of the Crime’s Occurrence Fall in This set of Offences. Crimes Like Drug Abuse, Sexual Abuse and Economic Transgressions and Some Others Explicitly Model the Present Study’s Issues. In Fact, the Study Aims at Investigating the Extent to Which Entrapment-Based Proof Collection Can be Accepted and the Study’s Most Important Problem is Whether Entrapment-Based Substantiations are Accepted During the Criminal Trials Based on Iran’s Penal Lore or Not? In the Penal Laws of Our Country and Following the Lead of the Evident Religion of Islam and the Sure Constitutional Acts, Protection of the Individuals’ Privacy and Citizenship Rights is Superior to the Unveiling of the Crimes Hence Entrapment is not Accepted and it Lacks Legal Legitimacy Before the Judicial Authority Who Issues Sentences Relying on his Honor and Conscience. In the Islamic Laws That are Interlaced With the Observance of the Legal Principles Due to Relying on the Law of Protecting the Human Security, Veneration and Privacy and Respecting the Citizenship Rights, All of the Trial Stages Should be Held in Adherence to the Explicit Text of Law. Resultantly, Resorting to Entrapment Does not Feature Legal Value and Credibility for the Judicial Authority. The Study Method of This Article is Descriptive-Analytical.

Objective and Background:

 Having a Bicameral System in Line With the Preservation of the Citizens’ Individual and Social Rights is Amongst the System’s Concerns in the Area of Public Rights. Since the Beginning of the Constitutional Movement, one of the Controversial Issues Being Still Debated by the Law Experts and Constitution Enactors is the Combination of the Parliament and the Existence of Unicameral and Bicameral Systems. The Goal of This Research Paper is the Elaboration of the Necessity and Importance of the Bi-Congressional System in Line With the Preservation of Citizenship Rights.

Study Findings:

As for the Unicameral and Bicameral Systems, Legal and, in Some Cases, Internally Political Reasoning Has Been Offered Regarding the Superiority of Each. Many of the Legislative Systems Have Accepted the Proposition for the Parliament’s Being Bicameral and Inserted it in Their Constitutions. This Important Task Should be Also Conducted in Iran, As Well, Because the First Congress Manifests Mobility and Innovation and Reflects the Will of the Public; Amongst Its Disadvantages is the Enactment of Raw Regulations in Some of the Cases Due to the Hastiness in Enacting Rules and Emotionally Facing Some of the Subjects. The Second Congress Embodies the Intellectuality, As Opposed to Hastiness, of the Elites in the Face of the General Public as Well as the Opinion of the Elders Versus the Opinion of the Youngsters.

Study Method:

This Article has Been Prepared and Codified in an Analytical-Descriptive Form Based on Library Resources.

 It is Eventually Concluded Based on the Investigations That the Islamic Republic of Iran’s Constitution is in Need of a Bi-Pillar Congress and a Second Congress Based on the Necessities and Functions of This Institution. Despite the Negligence of This Issue, it Has to be Taken Into Account in Case of the Constitutional Reforms. And, the Second Congress Can More Than Before Take Steps Towards the Preservation of the Citizens’ Individual and Social Rights by Relying on the Principle of Intellectuality. This Article Has Been Prepared and Codified in a Descriptive-Analytical Form Through the Use of Library Resources. Trustworthiness is the Principle that has Been Observed From the Beginning to the End of This Article; No Biased ideas Have Been Presented Herein and Ethical Principles and Honesty Have Been Also Observed.

Background and Aim:

The Universality of Human Rights in the Mirror of Cultural Diversity on the one Hand and the Right to Cultural Participation on the Other Hand Has not Long Been Considered in the Context of Human Civilization. It Can be Traced Back to the Time When the Universal Declaration of Human Rights Was Adopted in 1948. This Issue Has Remained and Continues to This Day in International Politics, Doctrine and Jurisprudence. Our Goal in This Article is to Develop the Right of Citizens to Participate in the Cultural Life of Society and to Pursue Legislative and Executive Challenges Regarding the Development of this Right at the National and International Levels in Accordance With International Instruments as Well as Domestic Regulations.

The Research Method is Descriptive-Analytical and by Using Collection Tools of Library Resources.

The Finding of This Article is Non Respect of Cultural Rights and the Manifestation of Participation in Cultural Life. It Will Also be Observed That Although Human Rights in the Era of Globalization Respect the Cultural Rights of Individuals in Every Ethnic Group, Language, Race, Etc., But it Seems That the Authorities do not Respect These Rights as They Should and in the Light of the Principles of Human Rights They are not Enforced When it is Necessary.

The Right to Participate is one of the Components of Human Rights That is Revived With Global Attitudes. For This Right to be Reconsidered in the Cultural Life of Society, the Universality of Human Rights Must Inevitably be Explained. Although the Research Finding is Non Respect of Cultural Rights and the Manifestation of Participation in Cultural Life, But it Can be Claimed that There are no Shortcomings From the Perspective of Legislation.

In the Legal System and for the Criminalization of the Citizens’ Behavior, the Justificatory Basics of Criminalization Should be Necessarily Followed in Such a Way That The Legislator’s Action in Enacting the Forbidden Action Can be Accepted by the Citizens When it is in Adherence to the Basics Also Accepted by Them. In Between, the Crimes Stemming From Omission Have Been Always Seriously Discussed and Debated Due to the Special Conditions of Their Actualization; they Have Also Been Followed by This Problem That Whether Omission Follows the General Basics of Criminalization or Certain Other Special Basics?

This Subjective Research Has Been Conducted Based on Descriptive-Analytical Method. Library Research and Reference to Books, Articles and Documents Have Been the Methods of Interest for Information Gathering.

It Will be Seen in This Research That the Consideration of the Expediencies, Responsibilities, Good Governance, Legal Moralism, Principle of Necessity, Social Collaboration and General Public’s Supervision Are Amongst the Very Important Basics Requiring the Criminalization of Omission in the Legal Systems of Iran and England.
Ethical Considerations: Meanwhile Keeping Text Originality, the Principles of Honesty and Trustworthiness have Been Observed in all the Stages of the Present Study’s Writing.

It is Understood From the Investigation of Omission’s Criminalization in Iran and England’s Legal Systems that Omission’s Criminalization Follows Such Basics as Legal Moralism and Principle of Necessity as Well as Consideration of Expediencies Which, Along With Such Other Basics as Social Collaboration and the Citizens’ Participation and Supervision on one Another’s Behaviors, Can be Realized as Social Basics Justifying the Legislator’s Criminalization of Omission as a Criminal Behavior.
Please cite this article as: Kouhian afzal A. Masoud G. Shekarchizadeh M. Basics of Criminalizing the Omission in the Penal Laws of Iran and England. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 303-316.

As one of the Most Important Manifestations of Relative Dejudicialization, The Plea Bargaining has Been Conceptualized as the Agreement Between the Convict and the Prosecuting Attorney. Based on This Agreement, the Convict Becomes Committed to Confess to the Perpetrated Crime, on the one Hand, and the Prosecuting Attorney Becomes Obliged to Reduce the Accusation Titles or Take Necessary Measures for Discounting the Punishment, on the Other Hand.

The Present Subjective Research has Been Conducted Based on a Descriptive-Analytical Method. Library Research and Reference to the Documents, Books and Articles have Been the Information Gathering Methods of Choice Herein.

Although the US’s Penal System is the Primary Origin of the Plea Bargaining, The Opponents and Proponents of This Institution have Their Own Specific Reasoning in this Country. The Proponents of the Application of the Plea Bargaining Emphasize on the Penal System’s More Criminalization and Its Failure in Correction and Rehabilitation as Well as Prevention of the Criminal Labelling so as to Corroborate This System. On the Contrary, the Opponents Emphasize on Outcomes Like Coercion in Presence, Conviction of the Innocent Persons and Insufficient Guarantees to Oppose the Implementation of This Provision.
Ethical Considerations: Meanwhile Keeping Text Originality, Principles of Honesty and Trustworthiness have Been Observed in all the Stages of the Present Research’s Authoring.

Based on the Study’s Findings, the Regulations of the US’s Penal System are Sporadic and Incoherent in the Area of the Plea Bargaining. Due to the Same Reason, the Plea Bargaining Gains Meaning in the Context of the Judicial Procedures. However, Absence of Comprehensive Regulations in this Domain has Caused the Creation of Challenges Like the Conviction of the Innocent Persons. In Order to Overcome Such Problems, it is Through the Augmentation of the General Public’s Scrutiny and Supervision that the Plea Bargaining Can be Written Down and Archived, on the one Hand, and the Amount of the Courts’ Participation in the Transaction Process can be Increased, on the Other Hand.