نشریه مطالعات حقوق کیفری و جرم شناسی
سال پنجاهم شماره 2 (پاییز و زمستان 1399)

Criminal courts have recently ruled that whipping more than 74 strikes while maintaining the nature of punishment, relying on the multiplicity and necessity of aggravated punishment. The basis for such a judicial action is sometimes the title of the multiplicity of criminal behavior and, in fact, the imposition of punishment on multiple crimes and not a single act; However, the legislature has explicitly banned the collection of punishments for criminal offenses. Sometimes, the multiplicity of different dignity on a single verb, including the soul of multiplicity, is the basis for justifying whipping.This approach, while leading to the development of the whipping penalty in a quantitative manner and in many cases exceeding the whipping limit, is, contrary to the jurisprudential principles, the limitation of the punishment of whipping; On the other hand, it is not compatible with the legislative policy of reducing the corporal punishment and the desire for social punishment.The practice of recent years has been adopted in a situation where the Islamic Penal Code in 1392, by classifying the punishments of whipping, lays the whip on the sixth floor and the maximum punishment of this class is 74 blows. Punishment for more than 74 blows has no legal definition except in the prescribed cases, and it goes beyond the limits of the penal classes, and therefore it is not possible to comply with the penal code.The formation of this procedure has also undermined the "principle of legality of punishment" emphasized by Article 36 of the Constitution.

Rehabilitation has a long history. Undoubtedly, Martinson's work and the phrase "Nothing works “that emerged from his assessments of the concept of rehabilitation are important milestones in this history. The term has gained so much influence among criminologists and criminal policymakers that it may be unparalleled in the history of criminology. However, several evaluative studies have shown that the idea of "Nothing works" has been widely criticized in many ways. In this paper, we examine the methodological weaknesses of Martinson's research. Some of the rehabilitation programs that Martinson has addressed in his meta-analysis have been successful, and some of the rehabilitation programs he has described as "unsuccessful" programs have not been well funded. We then turn to the question of why, paradoxically, competitor traditions in criminology have come to a consensus of "Nothing works “and have highlighted it in an unwritten complicity and given it a mythical aspect. Finally, we focus on the political implications of this myth and its impact on the formation of the “Punitive Era” and strict policies. From the perspective of this paper, the literature on rehabilitation, despite all its failures and limitations, provides a fertile theoretical tradition that can be used to rethink and reconstruct rehabilitation. Any attempt to revive rehabilitation without this critical rethinking and theoretical reconstruction will fails.

According to Islamic penal code, testimony is one of the reasons for proving a dispute, but in some cases there are several testimonies on the issue and the conflict between them, complicating the claim and also clarifying the verdict. One of the important issues in this regard is the existence of two contradictory testimonies in identifying the killer that are probable in explaining the verdict of the case, the establishment of retribution, or the Diyat, or the fall of both, but each of these possibilities has its merits. In this descriptive-analytical study, the author analyzes the aforementioned problem, and after reviewing the existing and substantiated views, it is reviewed Since there is no specific reason for the issue under investigation, the rules on conflict of testimony should be addressed, And the requirement of the above rules is that both testimony was overturned as a result of the conflict of authority in its meaning and the rejection of the third sentence, Hence, the murder of willful, retribution, and Diyat, both of whom are testified against, abolished, and the blood of a killed person from the Muslim al-Baital are paid. And accordingly, Articles 477, 482 and 484 of the Islamic Penal

Confession is divided into several types based on its composition. Conditional Confession is one of those types in which the Confessor, In addition to accepting the claim, Adds a favorable condition to it, in such a way that the nature of the first part changes in terms of its legal effects. The most important effect on this division is Divisibility of Confession. Criminal law of different countries have adopted different approaches in this issue. The regulations of our country do not contain a provision on the Divisibility of confessional confession. Therefore, in the present article, while reviewing the legal system of some Islamic countries, the subject was examined from the perspective of our country's legal doctrine, and We came to the conclusion that Conditional Confession cannot be divisible according to the available evidences and underlying principles.

Committing multiple offenses by one person may increase the punishment. Determining and enforcing intensified penalties and enforcing regulations concerning the multiplicity of cases where all the offenses are in the jurisdiction of a reference is not particularly challenging. But there are numerous legal and enforcement challenges to enforcing multiplicity of regulations when issuing different sentences from multiple jurisdictions. The legislator has come up with Article 510 of the Code of Criminal Procedure to address the challenges of enforcing the multiplicity of laws. Examination of the numerous opinions of various judicial authorities indicates that there are numerous difficulties and disagreements in the courts with regard to the application of the provisions of Article 510 which prescribe and assign this matter. The examination of some of the opinions in this article indicates the necessity of revising this article in relation to some of the problems encountered in the courts, including the challenges to the application of multivariate criminal offenses, both material and spiritual, to Article 510. The Code of Criminal Procedure, the manner in which a higher court is designated by the primitive body of proceedings, the scope and concept of material non-comment by the aggregation authority, the possibility of mitigating the punishment after the application of the multiplication provisions, etc.

Whales, as one of the rarest aqueous species of the world, which also include the largest animal known to have ever existed (blue whale), need special protection in criminal law. International environmental law has protected this species, which is in danger of extinction, by ratification of the International Convention for the Regulation of Whaling 1946 and the formation of relevant commission (IWC) and some other international instruments. But there are some challenges in the international system of protection of whales in relation to the definition of this species and the sanctions of violation of the Convention. Iranian criminal law has protected aquatic animals by the ratification of some general codes and criminalization of damaging acts like excessive fishing and polluting of sea waters. Despite these protections, Iranian criminal law faces some challenges like the ambiguity of the definition of the whale, the lack of convergence between domestic laws and international convention and the weakness of criminal responses as well as the identification of different species and the lack of special protection for the whales, lack of a comprehensive approach to the criminal protection of whales and identification of different sources of pollution.

The hypothesis of this article is that judicial precedent in Criminal Legislation has higher level than sub- source. The meaning of judicial precedent is movement of amount of judicial decision that they are indicated the Supreme Court decision as a unified judicial precedent or total or partial unity of courts decisions in certain issues. In traditional approach, judicial precedent is source based not rule based. In that approach, judicial precedent is source for judgment and legal analysis, but in our approach, judicial precedent is source for legislation. In new approach, judicial precedent has strong bond with famous principles of law such as custom, social culture and norms that takes requirements from one place and presents them to law makers, by regarding necessity and elitism. In this article, we examined several Supreme Court decisions and judicial proceeding and tried to show that judicial precedent has a powerful role in Iran legal system on criminal legislation. Achievement of article is based on this consumption that Judicial precedent has a “didactic”, “re- educative",” re- instructive" and " pioneer" role. It is necessary to make a policy and interaction to evaluate and connect legislation and judicial precedent more efficiently: Interaction based on following judicial precedent from legislation and following legislation from judicial precedent.

Stalking is a form of harassment. Sometimes people with different motives, good or bad, constantly follow and Watch others. This behavior has been criminalized in some countries such as the USA with differential policies and measures. In criminal law of Iran, there is no crime with this title exactly, but its manifestations and examples, such as Article 619 of the Penal Code adopted in 1996, have been considered a crime, with no special punishment and security measures. It seems that through the development of cyberspace into today's life, it has become much easier to commit stalking crimes than past. therefore, general criminal policies do not make an effective deterrence. Victims in stalking crimes need legal protective and preventative measures like Protection order and Restraining order. Lack of preventive and security measures before proof of stalking crimes and conviction of offender are the most important legal shortcomings in criminal justice system of Iran. A comparative study with countries that have been successful in this regard seems useful.

Whereas increasing of elaboration of commitment of the economic crimes such as organized money laundering and increasing rule of dirty proceeds of crimes in foundation and enforcement of criminal organized groups activities in many fields such as financial crimes, terrorism and human and drug trafficking, the international instruments have paid attention to update and promote of criminal acts in order to affective fighting against these crimes. Upon the mentioned policy, the Iranian legislators have correct existing acts and promote substantive and procedural criminal policy against money laundering in 2018. These reforms have taken in order to proportionate reaction to offenders (substantive criminal policy) and increase the pace and accuracy in finding of crimes and prevention from their occurrence (procedural criminal policy). In this article we try to exercise the new criminal policy achievements and survey shortages of it and propose necessary suggestions about them upon content analysis and comparative method.

The simplicity and efficiency of rational choice theories is one of the most crucial issues in criminology but they are not successful in explaining expressive crimes. The dominant point of view, believes that this failure is due to irrational nature of expressive crimes; so the defenders of this theory try to present an interactional and multiple method to cover the weaknesses of rational choice theory. Their attitude is to make a strong base for rational choice theory. This paper is supposed to show the reasons that make the rational choice theory weak in explanation of expressive crimes. Then it tries to reveal the possibility of understanding expressive crimes in the context of rational choice theory. This research is based on descriptive method and criminology literature, it has been counted as fundamental secondary research. This papers shows that the economic human as a scientific sample is not coincident with criminal decision making process. The cognitive mechanism of human being cannot evaluate costs and benefits of behavior before committing a crime. In the opposite aspect, adaptive rationality can explain the psychological mechanisms that are related to expressive crimes and its role in criminal decision making.

framing a comprehensive strategy for controlling criminal phenomenons which can provide legislators's goals of intervention is the most important concern of criminal policymakers. criminal justice have this opportunity to face individual people in a society and because of this it can have an important role in implementing and distributing the social justice and policies. in distributing social justice, unequal share of citizens from social benefits should be covered by affirmative actions. one of the means that states could use as these affirmative actions are interventions and responses to the misconducts of citizens. therefore criminal policies should be designed not only to regulate social relations but to take an effective steps toward a better distribution of social justice. Responsive Regulation is an idea which is based upon procedural Justice and hierarchical Structure that by using its unique mechanisms implement three reactionary theories of restorative justice, Deterrence and incapacitation theory in a pyramid of interventions according to a philosophy based on believing in punishment as last resort, interaction between regulator and criminal phenomenon's shareholders, flexibility of responses and considering the underlying causes of crime and considers every crime as a problem that should be solved by the best possible response.

Important information published on newspapers includes those found in their news on crime and criminal incidents which, neither qualitatively nor quantitatively, correspond to the real-world situations and official statistics. The way crime is represented based on its “news values” or newsworthiness can importantly shape people’s view of crime, punishment, and criminal justice systems. The present paper adopts a comparative approach to examining portrayal of crime, punishment, and victims in Iranian and German press. Using qualitative and quantitative analysis of content, we studied the content of two popular newspapers in Iran and Germany (Hamshahri and Bild, respectively) for the period January 21, 2020 to April 3, 2020. Our findings on crime representation by 311 titles in Hamshahri and 134 titles in Bild revealed an insignificant difference in representation of such crimes as murder, manslaughter, and rape. The two newspapers, however, differed significantly in terms of representing criminal justice response as Hamshahri dedicated 60% of its stories to “death penalty” and “qisas” and only 4% to detention and incarceration while Bild covered only one case of death penalty (and that was a case in New Guinea) with 86% of its stories representing detention and incarceration, meaning that Hamshahri, the Iranian newspaper, in general adopted a more punitive approach in terms of the quality and the nature of representing criminal justice compared to the German newspaper Bild. As far as the way of representation is concerned,