نشریه دیدگاه های حقوق قضایی
پیاپی 95 (پاییز 1400)

When the government, with all its forces along with civil society, is taking part in a collaborative criminal policy in support of the victim, it is portrayed as an inclusive and desirable pattern of social support. Social support works more than anything else through community-based activities. These supports from Non-Governmental Organizations can be divided into two categories: First, medical-social support that is provided to victimized children, and second, legal protection of them. From the perspective of criminology, children and adolescents must be supported and paid special attention to them, due to the special circumstances that govern them. In the meantime, there is a question that, according to Section 66 of the Criminal Procedure Act, are the NGOs only declaring a crime or can they be the paintiff? In this study, while describing social-medical and legal support, with the reasoning behind the answer to the above question, it was concluded that the vague and interpretable appearance of Section 66 as a statment was in fact that the NGOs are the plaintiff of the crimes committed in the field of regulations of this article.

Mens Rea (Mental element) merely doesn’t consist the people who decide to violate the law or knowingly their conducts may create prohibited result, rather in some cases can encompass some people who should foresee risk of their conduct. Recklessness and Negligence are the most obvious examples of fault (Shortcoming) in Iran and England criminal systems which can create criminal liability. Now the questions are these:Frist, what are the concepts of these examples and what is two criminal system’s approach to them. Second, what are the criterions for evaluation of these conducts and how will criminal liability be imposed in these criminal systems. It means that, which one of the subjective or objective tests will create criminal liability. In this article we want to prove that mere reliance to one of these tests won’t adapt with judicial justice. We should integrate these tests with balanced point of view and blame perpetrators of these conducts.

The purpose of this research is to promote the criminal law of the subject, in view of the purpose of the sacred law to prevent the abandonment of the execution of punishment, with adjudication and jurisprudential justification, to evaluate different perspectives of the jurists regarding delay or delay in the execution of retribution with the claim of pregnancy If the doctor does not approve, the woman will do so. The present study, by examining the opinions of the jurists and modifying the opinions presented by them, argues that The necessity of delaying the execution of female retribution is due to the principle of practice, the proof of ijtihadi and jurisprudential rules, such as "rule of law", "minister", and since medical tests related to pregnancy have not been able to detect fetuses in the first weeks. And with the base error, therefore, the theory of the first opinion of the jurists is based on the necessity of delaying the execution of the tortures and the basis of it is proved. This article also analyzes that, where a pregnancy claim is made by a woman, mental prudence is a necessary delay .

Determining where the risk of contractual responsibility transfers in  international sale and transportation of gas contracts is very important in these wells and parties’ of these contracts, additionally the way of distributing the risk and the point it transfers influences contractual and financial position of the contract parties’.In transportation projects that natural gas is carried by pipe lines, The parties usually determine the point of ownership, risk and goods transfer by agreement in the contracts, in case of non determining applicable law and silence of territorial rules, the Vienna Convention or INCOTERMs will probably govern on these contracts in respect of transferring of risk. In transfer projects of energy that natural gas is carried by ships,the point of risk transfer is according to agreement in the contracts or other international conventions. Vienna convention implies that risk transfers when the goods are delivered,but there are some exceptions in determining the point of risk's transfer which is an accepted solution and it is the time whene the contract is concluded.

In Islamic societies and among the Shiites in particular, in accordance with the necessity of respecting the divine rituals, mourning for the prophet and his esteemed family as an instance of divine rituals, is considered to be admired and appreciated. However, the mourning rituals, like many other sorts of social and religious issues, are the subject of the variety of interpretations and instances as some of mourners, venture into weird behaviors such as wounding themselves with cutlass, blade, and lock, walking on fire and hot coals, slithering on glass-dust and etc., and believe in the legitimacy of these behaviors. On the other hand, a group in the criminal justice system advocates the necessity of legal action against these sorts of behaviors. In this study the existing legislative and judiciary policy in this respect would be explained and analyzed, and its accuracy would be evaluated.

Justifying or not justifying killing in defense of property has always been a challenging issue for jurists Western jurists have studied such killing in the light of the principle of proportionalit. . That is,whether there is a balance and proportionality between defensive action - killing aggressor- and aggressive action - attacking property – or not. based on this principle, some believe that killing in defense of property is disproportionate, while others have suggested theories to justify these killings. In different legal systems, in this regard, criminal law and judicial procedure are sometimes different and sometimes similar. in Iranian law, without this issue being theorized, different views have been expressed. Legislation in this regard has also varied in different periods. In the meantime, Islamic jurisprudence by requiring of gradualing in defensive actions, has provided the best solution. Due to the many ambiguities in the concept of proportionality, the jurisprudential approach of gradualing in defensive actions has been incorporated into the Islamic Penal Code 1392, and the concept of proportionality is no longer mentioned. Thus, these killings are justified by compliance of gradually in defensive actions as well as compliance of the other requirements of Article 156 of the Islamic Penal Code.

One of the measures taken to protect witnesses in the Statute of the International Criminal Court and the Code of Judicial Procedure of our country is to keep their identities secret. Both the defendant is important and the defendant's right can not be ignored for the sake of witness testimony or the defendant's defense rights were endangered and threatened without regard to witness safety. Regarding the validity and positive value of the testimony of anonymous witnesses, this question arises To what extent are their value, credibility and testimony valued? The Code of Criminal Procedure is silent on the validity and value of the testimony of anonymous witnesses and whether such testimony can alone be used to document a conviction. It seems that the value and validity of the testimony of anonymous witnesses, if it is not possible for the accused to face and challenge the witnesses, is not equal to the identity of the witnesses in this article.And the security of intuitions has been examined.

Transferring right to reparation, as one of the consequences of succession of states, has always been debatable. International court of justice, meanwhile, has issued decisions which has consisted of the said issue in its proceedings, that is necessiating to revisiting them. The article in hands, explains the views of international court of justice (ICJ) on how the judicial organ of the united nations organization (UN), in three following cases considering slovakia, Nauru and Namibia (South West Africa), East Timor and occupied Palestine situations, has had the opportunity to making clarify the issue in question. It has taken a cautious approach not to intemprancing progressive development. The present paper has showed that judicial practice of this court, despite the said cautionary, has never confirmed the impossibility of transferring the right to reparation from a predecessor state to successor one. These aspects of practice of the said court are under discussion in this paper.

Forced enforcement of judicial decisions such as seizure causes difficulties in the production cycle. There are no restrictions on the seizure in the enforcement of sentences against production centers, including legal entities, and the determination of the type of property for seizure is belonged to winner and in contrast to the real persons, the rule of "immunity" is not identified for them. Judicial actions on property of manufacturing centers (whether legal entities or manufacturing enterprises without legal personality), apart from the direct in due impact of economic influence on the looser party of proceeding, produce chain effects during the production cycle. The basic approach is to make the rules clear or correct and prevent the inappropriate effects of this process. Developing consensus solutions, judicial discretion, can be appropriate to support of business and production. This article requires attention to the production in legal entities of private sector and the necessity of supporting their business, although it does not recommend the full immunity of companies and manufacturing centers in enforcement proceedings, but also suggests terms such as period of grace, property and assets categorization and finally taking the Social look to this sector.

A credit transaction as a way of buying and selling goods and services, in which the price is not paid in cash; contains several risks for the seller. The risks of non-payment and bankruptcy of the buyer are the most important ones that could endanger the liquidity cycle and even life of the seller. The weight of the risk depends on the amount of capital and deals of companies. So, SMEs may harm more. Credit insurance is a common way of credit risk management which does not commonly used by the SMEs, notwithstanding their fragility and requirement. In this article the ability and efficiency of credit insurance for management of credit risks of this enterprises is examined. The authors consider that credit insurance could be one of the best methods of management of the risk for SMEs

It has been about three decades that various nature-therapy programs are applied as a new modified approach in some countries (i.e. USA, United kingdom and Canada). Numerous experimental studies approve the success of these programs in regard to some purposes like reduction of recidivism rate or reintegration. So that one can say that nature-therapy is about to convert to a successful rehabilitation pattern in the system of prisons of these countries. Nevertheless, no research in Persian criminological or penological literature has yet investigated this newfound pattern and heretofore, none of iran’s prisons is planning to experience that. This paper tries to represent its effectiveness in five distinct parts of theoretical basis of nature-therapy, aspects and their goals in prisons, experimental results, theoretical mechanisms and finally, its situation in iran’s penal system.