پژوهشنامه حقوق کیفری
سال دوازدهم شماره 2 (پیاپی 24، پاییز و زمستان 1400)

The passage of the Law on Reducing the Punishment of Imprisonment in 1399 changed a significant part of the provisions governing public punishment. Article 134 of the Islamic Penal Code is also one of the provisions that was completely changed and a new system ruled on the punishment of various crimes. Returning to the regulations of 1370, the legislator distinguished between the multiplicity of different and non-different crimes, and this distinction became the source of different effects such as the judge's change in aggravation of punishment or the number of punishments determined by him. One of the main challenges in how to distinguish these two categories of crimes and provide a criterion for breaking the legislator's silence. In this research, in a descriptive and analytical manner, the proposed criteria were examined and the analysis of legal materials and different views on the subject was tried and an attempt was made to provide a suitable measure in distinguishing different from non-different crimes. Also, by exploring examples of non-violent crimes, the theory of legal administration in this field was criticized.

From the perspective of critical criminology, crimes are affected by the political, social, economic system and especially the legislative structure, criminal justice as well as the influence of power. Among them is the theory of social constructivism, which limits the rule-making in the legislative or judicial system to behaviors that sometimes endangers the position and interests of minority in society. Therefore, crimes and legal concepts are only a social construct and reality, which are constructed according to specific temporal and spatial conditions. This article, which is qualitative, descriptive-analytical in terms of method, with the study of 30 family court cases in Rey and Qom in 2020, interviews with family court judges and children's families, from a  critical criminological perspective and specifically based on the tradition of constructivism, therefore two aspects of the crime of child marriage (the subject of Article 646 Iraninan penal code) including the legal age of marriage and the concept of the best interst of child in child marriage (both mentioned in Article 1041 civil law), have been critically analysed. The findings indicate that these two aspects are constructed only on the basis of the criteria of the minority governing the legislative process, therefore, it is always possible to deconstruct them

Murder caused by extreme recklessness commits in effect committed dangerous voluntarily primary behavior along with awareness and attention to that her action typically leads to the murder of another, in this type of murder, he has no direct intention of committing a crime against the victim and even in some cases such as note to article 292 Islamicist punishment law he doesn’t not intend to object to the verb however commitment considered intentional for the sake of knowing the occurrence of the result. This topic has a problem identify the type of murder that occurred in connection with unintentional murder caused by possible fault. This research investigate to distinguish this type of murder from quasi-premeditated murder caused by fault aimed at providing the features of premeditated murder caused by extreme recklessness referring to the judicial procedure by descriptive and analytical methods, and concluded that for the correctness of intentional mention for an action caused by extreme recklessness, committing behavior in terms of being lethal and committed in terms of awareness and attention to himself behavior too, must have certain conditions like typically lethal behavior and the predictability of the result for the perpetrator to be premeditated murder

This paper firstly aims to study the developments of the plurality of crimes in the statute of the Taziri Imprisonment Reduction adopted in 2020, then to deal with the question that which of the following countries' legal systems, i.e. Iran and Jordan, has followed a more reasonable policy regarding the issue. The findings reveal that in spite of the existence of common strategies including the explicit admission of material and spiritual plurality, the single and cumulative penalization and the most sever punishment for the spiritual plurality, the two legal systems have also adopted different strategies. For example, in Jordanian law enjoys the following merits: the existence of the explicit stipulation of the withdrawal of spiritual plurality from the single conduct having multiple criminal descriptions and the admission of the principle of material pluralization of crimes. On the contrary, the followings are known as the merits of the Iranian law: the separation of various crimes in penalization, the application of various severe punishments based on the number of crimes, the declaration of the most severe punishment for multiple results, the necessity of imposing of consequential or supplementary punishments similar to the complimentary punishments, the possibility of the mitigation of punishments, the determining of the lenient measure effects of criminal policy.

Women's victimization and violence against them is one of the problems of the world today, which has gradually attracted the attention of governments as well as women's rights activists. Meanwhile, the role and position of women's NGOs in empowering women victims and prevention of secondary victims, has become a powerful tool in combating violence and developing the criminal justice process and has emerged as one example of participatory criminal policy. In the criminal proceedings of Iran, with the enactment of Article 66, it is possible for women activists to declare a crime and participate in the proceedings. Although this article is objectionable in some ways, it shows a clear vision for the future of the participation of these organizations. In Afghanistan, especially in recent decades, women's civic organizations have been established as start-up projects. Although the activities of these organizations face a legal vacuum during the proceedings, they have been able to provide significant services to the Afghan women's community in the field of preventive action.

Female victimization as one of the most important issues in the field of forensic science studies has been considered in Iranian films. Given the role of the media in shaping public opinion, this study using qualitative semiology and emphasizing the Saussure's model seeks to capture the image of victimized women in "Mastaneh", "Lantouri", "Mali va rah haye narafteh ash" and the "maghzhaye kochak zang zade". Based on the semantic findings, the strong male / weak female stereotype is not fully represented in the representation of victimized women. In other words, the portrayal of victimized women in some films identifies them as effective social actors. However, the representation of crimes against women in the form of three crimes including acid spraying, rape and domestic violence shows it is a crime to commit acts of masculinity against women, and there is a direct relationship between the strengths / weaknesses of women and the severity of crime. There is a significant meaning that passive and weak women are victims of domestic violence and active and robust women are victims of crimes such as rape and acid spraying

This article based on a descriptive-analytical method and with a comparative approach Examines and present views, concerns and participation in criminal process as the right to be heard. Children do not report or express their views-concerns and non-participation in criminal process for various reasons. They do not receive legal protection, and suffer harm in the form of secondary victimization and recurrence of victimization. This article discusses the need for culture-building and public sensitization in recognizing the rights of child victims and reporting violations of these rights, the right to express and be heard to break children's silence, and to gain their trust in criminal justice system by facilitating the process. The ratification of the Convention on the Rights of the Child in Iran is a positive step to identify and protect their rights. Using the experiences and practices of other member states to implement the convention can be useful and effective.

The prosecutor has applied a request for ruling on jurisdiction in the Palestine situation under Article 19(3) of the Statute. It seems that the Prosecutor has not yet identified the Palestine state under the ICC jurisdiction with a declaration accepting the jurisdiction of it under Article 12(3) of the Statute. This subject is to examine the dimensions of that theory and the prosecutor’s approach, which has been considered by descriptive-analytical and critical method. The research question is, what the reasons are for the prosecutor’s approach in requesting for ruling on jurisdiction in the Palestine situation. The findings show that the prosecuter’ s political determination will prevail over his legal will. But the prosecutor is not a political official to overshadow international political considerations over performance in the Palestine situation. Therefore, regardless of the Zionist regime’s position, the prosecutor should conduct criminal investigations into the Palestine situation by Article 53(1) of the statute.

Despite long history of fixed fine in Iran, this punishment is not an appropriate one due to the impact of inflation on it; especially, Because, according to the legality of punishment, adjustment of fine must be done by legislature and legislation is a lengthy process. Accordingly, many fines remained unchanged for years and their deterrence was disappeared. Fortunately, Finally the legislature by "predicting the criteria for adjustment in law", was, while observing the above principle, able to secure the Guardian Council's opinion about principle 85 of the Constitution in assignment of adjustment to non-legislative institutions. In this Article, by extracting the legislature approaches about adjustment, the criteria and challenges of these approaches were studied and it was observed that prediction of adjustment by non-legislative institutions, because of ambiguities and contradictions of these acts and optional nature of adjustment by non-legislative institutions, could not solve the problem of adjustment by legislation.

International Criminal Court (ICC) is established to trying the most serious Crimes of concern to the international community. But, ICC has not sufficient resources for doing this mission; therefore, emphasizing should be on the most important issues and situations. Drafters of the Rome statute consciously and with understanding this facts have established the tests on enough gravity threshold for admissing of the situations in article 17 of the Rome statue. There is no criteria and tests for prescribing this issue in the ICC statute and PRE.The Lack of any guidelines in this regard, the prosecutor’s office obliged the first to explain the gravity threshold in its strategy and it is an important basis for selecting the topic considered. However, pre-trial chamber has also had its own observations and special interpretations in this regard. By summarizing these comments, interpretations and principles, it is possible to extract the ICCs procedure and deduced the guidelines from the overwhelming path of applying  this test. And deduced the guiding principles from the overwhelming path of applying this criterion. The results of the research show that certain criteria are not foreseen in relation to the deduce of the "gravity" element, and the prosecutor's and pre- trial and appeal chambers of the Court have shown that it is not possible to speak of a definite criterion in this field, but the decision in this regard Can be deduced by ad hoc criteria, meanwhile pre- trial and appeal chambers have shown their independence from the prosecutors office. The purpose of this paper is to extract and deduce the criteria for processing the gravity of the cases by interpretive-analytical method.

Forced labour is violation of human dignity and shall mean all work or service which is exacted from any person under the  menace  of any penalty and for which the said person has not offered himself voluntarily. The International Labour Organization Interoperated ,based on international instruments, forced labour  as a means of political coercion ; a method of mobilizing and using labour for purposes of economic development; a means of labor discipline; a punishment for having participated in strikes; a means of racial discrimination etc. It has also identified its exceptions. Iranian law has also criminalized this phenomenon, but left its meaning ambiguous; it is worthwhile to reveal the meaning and examples of this phenomenon inspired by the constitution and a special attitude towards international instruments. Our  proposal is to enact an amendment law to remove some ambiguities.

In systems based on the rule of law, gross violations of fundamental rights and freedoms committed by judicial or law enforcement officials, particularly illegal intrusion into the privacy of individuals and using interrogation methods having the risk of obtaining false confessions or information are not tolerated. Investigative actions conducted by persons other than licensed law enforcement officials, investigations without guaranteeing access to a lawyer, compulsion to confess and testify are important examples of such breaches, in case of which the investigative action or the evidence obtained may be considered null and void in the Iranian criminal justice system. Meanwhile, if the rule of law is to be upheld, considering the numerous benefits of setting aside illegally obtained evidence, the possibility of invalidating investigations or evidence obtained through illegal methods must be extended and the procedures for handling relevant claims must be clarified

The establishment of the African Court on Human and Peoples’ Rights presents significant differences from the establishment of all international criminal courts. Accordingly, the establishment of African Court was founded on the lake of cooperation of African governments with the International Criminal Court and the failure to accept the jurisdiction of the Court with respect to international crimes on the African continent. However, the establishment of such a court in various dimensions can pose major challenges in terms of jurisdictional overlap with the International Criminal Court. However, the Court of Justice, Human Rights and the African Nation acquired jurisdiction over international crimes across the African continent in 2014 with the accession of a supplementary document called the “Malabo supplementary document”. But, despite the inclusion of examples of war crimes in the document, it was considered as a re-reading of the regulations adopted in the Rome Statute. But, the issue was the establishment of jurisdiction in the jurisdiction of the African Court. The African Court of Justice, under the Supplementary Document, in response to war crimes, addressed challenges such as compliance with international humanitarian law standards in armed conflict, protection of children's rights, the use of nuclear weapons and genocide and so on.