نشریه آراء
سال چهارم شماره 5 (بهار 1400)

Analysis and investigation of processing as one of the main parts of the criminal justice system concerning banking crimes is one of the most important needs of the legal and economic system in Iran given the current state of the banking system. Determining the different processing methods and pre-determining different punishments by the legislator for each of the crimes indicates the existence of a relationship between the degree of the importance of the crimes and the method of processing and imposition of punishment concerning them. Therefore, the analysis of the procedures for processing banking crimes and finding the starting point of the legislator in these cases shows the importance of these crimes according to the viewpoint of the legislator. What seems to be an efficient and specialized solution is the adoption of a different criminal policy regarding banking offenses. But the performance of our legislative and judicial systems in applying such a policy does not seem very defensible. Whereas the study of the processing method concerning banking crimes in general does not produce scientific and useful effects and results; In this article about each of the banking crimes, the method and conditions of processing them have been carefully and technically analyzed.

The issue of personality is one of the fundamental and vital elements in any contract in all legal systems. This dissertation discusses the effect of personality in the Iranian legal system in light of legal doctrines and opinions. In some contracts, personality plays an important role, but in all contracts, this effect is not the same. For example, in this area, we can refer to Article 102 of the Civil Law of Iran according to which ambiguity concerning the party to the contract does not affect the validity of it, except in cases where the personality of the party is the main reason for concluding the contract. In addition, according to the Roman-Germanic countries law, the personality is of significance. In other words, when a confusion occurs concerning the personalities of the parties, it is considered as a mistake in the essence of the contract which can invalidate all such contracts in general. Because in these contracts, in general, personality is one of the main elements that is considered as a contract and it is the absence of intended personality which leads the contract to be invalidated. In this dissertation, the author explains this issue in an analytical way in the system.

Whereas the relationships between liabilities and debts, contracts and liabilities, the liabilities effects on the third party, and the legitimacies of deals concluded for evading the fulfillments of liabilities are the most important disputes, the issue is raised: how is the legitimacy of proceeding the real rights in the current order considering obtaining the properties themselves, their similar ones, or their prices from the transactor who had intended to evade fulfilling their liabilities? So in this study, conducted based on a descriptive - analytic method, it is revealed that the relationship between debts and commitments are not equal, besides that sometimes liabilities are in favour of third parties, so considering the right to proceed active debts, they may entail effects against third parties. These effects, which may lead to obtaining the properties themselves from third parties and revoking the deal of the third parties with debtors, should be interpreted. In addition, the nature of recognizing proceeding debpts, beyond the debt of the debtor, and within the rights of third parties, which as far as proceeding is concerned, this is considered as part of the property of the active creditor, indicates nothing but moderating the right of generalizing proceeding to real rights.

The prosecutor's office is a French institution that entered the Iranian judiciary after the Constitutional Revolution. In the meantime, the absence of the judiciary system in the early days of Islam can not be used as a pretext to call this institution illegal. The reason for the claim is that the legitimacy of the judiciary in the Iranian judicial cycle is based on signature rulings based on the morals of the wise. A similar action of the wise men of different human races in using the court in the course of history is a positive proof of the rationality of this institution. The intellect, as a source of knowledge,not only does not consider this institution to be in conflict with the holy Shari'a, which considers it a victory for the Islamic judicial system to establish justice but also considers it as a victory for Islamic judiciary system to establish justice. In the meantime, the author intends to prove first, the institution of the judiciary is an Islamic religious institution, and second, to prove that the legitimacy of the judiciary is based on the rules of reasoning and not the existence of an institution called Hasba in the beginning of Islam.

Recognizing the value of human life and the necessity of protecting it by the Iranian legislator, how life might begin and/or end has always been disputed by intellectuals (On the other hand, in the process of criminizing and appropriately responding to the crimes committed, and generally, in forming the Penal policy in this area, the manner of the occurrence of death as the material component of such crimes). Nevertheless, due to the advances made in the medical science, and the classification of deaths into cardiac and cerebral ones, and in consideration to such the issues, including the status of permanent vegetative state, and making changes to formalize it, in terms of the continuance or the end of life, this subject is significant. On the other hand, the Justice Department, as the executive role-player of this policy through specific actions and specially through verdicts, has highlighted the judicial Penal policy around this issue. To be more clear, the quality of impressions and the attitudes of judges concerning laws have highlighted the material tangible angle of Penal policy concerning this matter. In this study, the later policy and the manner of adaptation or non-adaptation of the attitude of the judicial authorities according to the legislator against the premedidated felonies leading to permanent vegetative state, as the main purpose, been designated. After evaluation in a descriptive-analytic way, it was clear that due to the ambiguous legislation and (consequently) distinguishment of permanent vegetative state and its comparison with life or death, judicial authorities do not have a clear attitude, so it may have no concrete guarantee of execution. Therefore, it is much more required to correct and complement the current law according to the recent medical findings and adopting a wise criminal (and consequently) judicial Penal policy to establish fairness, justice, and the coordination of the organs of criminal justice.

While specific legal frameworks were provided for in the principles of international law regarding infectious diseases, including coronavirus, governments have managed the crisis more in accordance with their constitutions and regulations. In the case of the countries affected by Covid-12, reports indicate that their economic and social situation is unsatisfactory especially in developing countries. Therefore, in this article, with the aim of examining the coronavirus crisis in the framework of international law, we analyzed its impact on economic security; Using descriptive-analytical method and library studies, the research findings indicate that the restrictions created as a result of the coronavirus crisis in international trade relations as well as the implementation of international economic laws, threaten investment security and employment and income security. As a result, it affects primary resources, production, employment, income distribution and welfare.