نشریه تعالی حقوق
سال دوازدهم شماره 1 (بهار 1400)

Public opinion is one of the forces that has always pursued certain demands in such a way that its impact on various events and happenings in society in various dimensions, even the penal system cannot be ignored. The present study seeks to examine the position of public opinion in criminal courts from the perspective of those involved in the criminal justice system. This research is descriptive-analytical in terms of research method and survey in terms of data collection method. The statistical population is all judicial justice professionals (lawyers, judges and reputable university professors) that 84 people were selected by simple random sampling. To collect information, a researcher-made questionnaire with direct questioning mechanism, closed questions and multiple choice of spectral or grading type was used and to summarize the data, descriptive statistics (frequency, frequency percentage, etc.) were used. Inferential statistics (one-sample t-test) was used to reject or confirm the hypotheses. Findings showed that the personal characteristics of the victim affect the position of public opinion in criminal courts (sig = 0.000). Public opinion influences judges' hearings in criminal courts (sig = 0.000). The type of crime affects the position of public opinion in criminal courts (sig = 0.000). Channels of influence affect the position of public opinion in criminal courts (sig = 0.000). Public opinion has an impact on the conduct and observance of court proceedings in criminal courts (sig = 0.000). As a result, the influence of public opinion in various cultural, political, social and legal fields is an undeniable issue and in many cases, the criminal justice system has been forced to adopt a similar approach

Murder in the marriage bed is a confirmatory law and it is not from the new established laws of Islam and Imamie Jurisprudence .This rule is foreseen in the Ur-Nammu code ( 2100 B.C.E ) , Eshnunna code ( 1770 B.C.E ) , Hammurabi code ( 1750 B.C.E ) , Hittites code ( 12th to 17th century B.C.E ) , and other codes such as ; The Assyrian code , the codes of the Japanese Empire , the codes of ancient Greece and the codes of ancient Rome . In contemporary times, this rule is foreseen in the Customary penal code (1295 SH), the General penal code (1304 SH) and the Islamic penal code (1375 SH). This topic specifically entered Iran’s criminal law from the Napoleonic penal code and inserted by Firouz Mirza Nusratal-Dawlah in the customary penal code. Similar to this regulation, also has been seen in the penal codes of countries like Portugal, Belgium, Italy, Egypt, Kuwait, Iraq and others. In the present article , An analytical-comparative method will be used to study the genealogy of murder in the marriage bed and emphasis on being confirmed of this regulation in the Imamie Jurisprudence , as well as the comparative study of similar provisions in ancient criminal codes and the contemporary Iranian criminal codes and other countries of the world .

Nuclear terrorist crimes is at the core of the newest and most dangerous form of horrific terrorist crimes, and although it does not yet weigh on the body of human society as well as governments, the possibility of its occurrence has caused concern in the international community. However, the need to make every effort to prevent such crimes and to take the necessary measures to ensure international security prompted the international community to pursue a "principled criminal policy" in this area. The international community's aggressive response to nuclear crime culminated in the ratification of the International Convention for the Suppression of Nuclear Terrorism on 13 April 2005. The Convention's comprehensive approach seeks to provide a framework for the implementation of national and regional actions by States by developing and expanding international cooperation on nuclear terrorist crimes. The convention, while adopting a global approach set out in the former counterterrorism treaties, considers a preventive strategy against any nuclear terrorist offenses and criminalizes the act committed under it. Today, the main solution to prevent a nuclear catastrophe is to adopt preventive and repressive strategies in the acquisition of any nuclear equipment or fissile material by criminal groups to build an indigenous underground nuclear weapon. At the same time, the international community, with its convergence and consensus in the implementation of UN legal policies with a focus on common values ​​and approaches to nuclear terrorism, will succeed in preventing and suppressing all aspects of this issue.

One of the requirements in the field of legal discussions is to find consistent and reliable foundations for the challenges related to issues such as environmental degradation. This study aims to find a local basis for the protection and preservation of the environment, especially where the environment is devastated and degraded. The question arises here is that among the local principles, can the rule of respect be used in the protection and preservation of the environment and for the liability resulting from its destruction and damage? In order to achieve the objectives of the research, the necessary data have been collected from library sources and were examined via the descriptive-analytical method. Based on the findings of the present study, the rule of respect is known as one of the possible principles in justifying civil liability for violating the right in the realm of the environment. The need to respect and protect the environment are justifiable on the one hand, given the intrinsic value of the environment and secondly, its instrumental value for better life of the human and its significant economic value in human life and also, the substantial damages that destructive actions against the environment inflict on human life and his/her material and spiritual benefits. On the other hand, arguments of respect, incidentally, include both financial and non-transactional aspects. In addition, the integrity of this protection, inevitably, requires that it be justified in case of violation of liability for compensation of harmful and destructive action against the environment.

Contemplation on how criminal law is formulated and placed under the microscope of the legislature in the process of criminalizing, punishing and characterizing (labelling) a criminal act has an important role in improving the quality of the law. In addition to the substantive dimension, criminal law deserves attention in terms of form and application of techniques such as fiction and reference. Despite the importance of criminalization and dtermining the punishment methods and the wide consequences of these methods on the implementation of the law, the contexts of fiction application or the use of indirect punishment system, the challenges ahead and the assessment of the necessity or non-necessity of using this technique have been less studied. This article studies the effects of formation of criminal regulations on the quality and predictability of the consequence of law through using fiction and referral of punishment. It also studies criteria which can be used to reduce the theoretical and practical challenges of these techniques. Relying on a descriptive-analytical method, the article examines the grounds for the entry of these methods into the criminal legislation, through the review of 30 related criminal verdicts. The article also reviews basic challenges of using legal fiction and referring in judicial precedent. Finally, the article does not evaluate the use of legal fiction and referral of punishment as a desirable and efficient method. The article proposes the idea of ​​"unifying crimes in the light of common label or punishment in common text" and a more thoughtful interpretation of the laws of fiction or referral of punishment. According to the findings of the article, adherence to criteria such as the rules of accession, attention to the functions of criminal characterization (fair labeling) and the appropriateness of punishment, is effective in mimimumizing these methods.

Today, due to the powers of the executive bodies, litigation between the people and administrative authorities is common, due to the internal nature of these institutions, there is always the possibility of abuse of authority and disregard for the rights of clients. The multiplicity and diversity of these authorities in the Iranian administrative system has made it impossible for all of them to compile a single version for optimal trial and pathology. One of these authorities is the Board of First the Appraisal, which recognizes the claims subject to Articles 42 and 43 of the Social Security Law, which are the authority of the employer to object to the insurance premiums awarded by the Social Security Organization. It is the workers 'insurance premium, but the employers' rights are worth considering as a two-way relationship. A study of the executive regulations and instructions shows that in some cases, administrative proceedings in authorities are in accordance with the principles. Fair trial is not consistent, so by providing a favorable model, the shortcomings of the trial in these authorities can be reduced. The research method in this research is descriptive-analytical and in the collection of resources, the library method has been used.

The appellate court shall hear a case which has been heard by the court of first instance and, in the nature of the case, has been voted on and appealed to. The appeal stage is the time when the higher court is asked to reconsider the lawsuit filed in the initial stage, as a result of which the application of the first court is somewhat revised. Accordingly, because Articles 7 and 357 of the Procedure general and revolutionary courts cod in civil matters require the involvement of third parties who are not present at the initial stage and must be prohibited in principle, this principle is sometimes accompanied by exceptions. These include third-party entry, impleader,  attachment of relief and temporary order. The time to file a counter-claim in the first instance is until the end of the first hearing. Exceptionally, if a third-party entry lawsuit and impleader is filed at the appellate stage, or the new claim is legally heard, the defendant can be sued in the counter-claim. Article 362 of the Code of Civil Procedure of Iran and Articles 563 and 566 of the Code of Civil Procedure of France, ignoring the principle of two-stage proceedings, have prescribed some examples of new claims in the appeal stage.