نشریه اندیشه حقوقی معاصر
سال دوم شماره 1 (پیاپی 4، بهار 1400)

The protection of victims, acts against rape or threat to rape has put new approach for victimologists. Victims of these crimes are faced with more problems such as frequent victimization, future victimization, mental and physical diseases. Determining the position of the victim as the first step in achieving his rights and restoring and fixing his position in the criminal justice system will play a significant role. Today the victim is no longer considered as a hidden pillar of crime. Therefore one can see different criminal policy approaches to victims of crimes against chastity. The main question is how far our laws and regulations have a protective view for crimes against chastity? This article is a brief overview about the victim of crimes against chastity in criminal procedure from investigation to various forms of the required support. The legislator by considering the Shia jurisprudence, paid attention to victims of these more than before but there is still some gaps that should be paid attention.

The ownership and its decline in civil law and Imamiyya jurisprudence are based on specific means. In this context, civil law in Rule 140 states four reasons for ownership which they are also the methods of property transfer. On the other hand, respect for private property of individuals has always been subject to the legislator's attention and has formed the foundation of many laws on legal and criminal issues.  In this article, the author seeks to analyze the status of lands that have a special owner and squatter, but the land has been underwater due to the coming forth of sea water, lakes or rivers, and it is not possible to determine the situation of the former and current state. The main questions that can be discussed in this field are whether this condition causes the deterioration of land ownership? Do people still own those properties? For example, can they build buildings or use other uses with up-to-day equipment on seawater in their ownership limits? Or is private property rescinded and, in accordance with Principle 45 of the Constitution, it is a public property? And in the recent assumption, if the sea water returns later, can individuals claim ownership based on their former ownership? Therefore, if the sea moves forward in the coastal area, so that some land and houses of some people are under water, in the conflict between private property and public interests, the protection of public property will arise.

Islamic Penal Code approved in 2013 by the Judicial and Legal Commission of the Islamic Consultative Assembly in the Subsection 2 of Articles 115 produced the Special and New Types of Ta'zirat as Religious Ta'zirat and also announced Legal Certain ta'zir in Article 135 without mentioning the definition or example of them before and after. Again in the Criminal Procedure Law adopted on 24/02/2014, the Judicial and Legal Commission of the Islamic Consultative Assembly in the last part of Section 2 of Articles 14 has mentioned the religious ta'zirat, without any definition or example of it. On this basis, we are faced with a new division of crimes that there is no precedent in Iranian legislation, especially after the Islamic Revolution, and due to the principle of legality of criminal law, the provisions are practically pending and will not be able to be implemented. Comparing it with the Hodud and their differences with each other and the views of jurists about the religious ta'zirat is examined in this article.

One of the specific rights considered in jurisprudence and law for the women is marital days (wedlock) fair or equivalent remuneration. The Islamic creeds` jurisprudential books and various chapters and laid the jurisprudential foundation of fair remuneration on the axiom of the Muslims properties veneration. Based thereon and drawing on the jurisprudential premises, this right has been inserted Iran`s law, including in article 336 of the civil law of family support, passed in 2012. However, various expertise opinions offered due to the specialists lack of adherence to a clear-cut criterion in the determination of the fair remuneration that consequently leads to the issuance of various sentences in the courts, a comparative study of the fair remuneration in civil jurisprudence and Sunni jurisprudence is carried out for helping the removal of the barriers and challenges to its enforcement in the regulations considering the fact that fair remuneration of the marital days is originally a jurisprudential discussion because it is deemed necessary to compensate for the shortcomings of its enforcement. So, the present study performs a comparative study of the issue in the civil jurisprudence and Sunni jurisprudence based on the foresaid assumption through taking advantage of analytic-descriptive method. The present study shows that although there is no independent chapter in the jurisprudential books and resources on the fair remuneration and the wage rate of the jobs that are canonically not the duty of the women. A comprehensive perception corresponding to the society`s conditions can be achieved from the civil jurisprudence and Sunni jurisprudence for attaining a proper structure so as to finally enact and enforce the related regulations.

In recent years, we have witnessed a significant increase in the presence of non-governmental actors in various international arenas. Commercial companies are one of these non-governmental actors that are looking for a large presence and profit in various international arenas. While armed conflict is, on the one hand, a catastrophic catastrophe for civilians and residents of war zones, on the other hand, it provides an opportunity for military and security companies to be present and gain enormous benefits. After the fall of Saddam's government in Iraq, American companies operating in the military and security fields entered Iraq and during the turbulent years after the war, began to operate extensively in the military and security fields. One of these companies is Blackwater. The activity of this company is focused on security areas. Several important incidents (including the Nasour Square incident and the Abu Ghraib prison crisis) occurred in Iraq during the Blackwater mission. In the present study, the criminal responsibilities arising from these incidents and the situation of the legal person and natural persons involved in these incidents from the perspective of international criminal law have been discussed.

International law, in its evolution and at the beginning of a new era, has passed the stage of peaceful coexistence and is currently paving the path of cooperation. In this regard, new concepts have emerged, such as the common values and interests, which govern the international community, and have influenced some rules of international law. Prioritizing the interests of the international community over the individual interests of the members, the gradual limitation of the sovereignty of states in international relations, and the beginning of the Age of Solidarity on the basis of the international community as a whole are but a few consequences of this change.The purpose of the present article is to evaluate the international law and documents on the status of independence and the freedom of action of States in international relations along with measuring the principle of state sovereignty in the new world order according to common interests and to focus on the higher values of the international community as an objective reality in the 21st century.