نشریه دانش و پژوهش حقوقی
سال ششم شماره 1 (بهار و تابستان 1399)

Today, modern technologies have found a special place in human life. In parallel to the development and expansion of modern technologies in daily life, using modern technologies in the penal procedure has become common. One of the uses of modern technologies in penal issues is to utilize such equipment in writ. In Criminal Procedure code the utilization of such equipment is accepted in writ. Superiority of electronic monitoring to traditional writs due to deficits of pre-trial detention, on the one hand, and paving the way for the possibility of the accused's day and night monitoring in hidden by such equipment, on the other hand, is undeniable. However, this has its own problems and difficulties. If these tools are used without considering such problems, the result will be nothing more than failure of penal justice system. One problem also neglected by our legislator is the lack of attention to the goal of writ establishment. In fact, the aim of establishing this entity is to provide an alternation for pre-trial detention rather than adding another award to the list of writs. It means that considering limitations created by such type of supervision, using it should allocate to the cases in which it is not possible to issue pre-trial detention writ and/or the cases in which it is not possible to provide pledge or to introduce personal surety and to enjoy benefits of pre-trial writ in reducing the extent of penalty by assuming the conviction or demanding for compensation by assuming acquittal.

The Pretenders of rehebilitation thesis could not prove rightness of their thesis about criminals capability for rehebilitation in practice. This inability, evoked Unworthiness of Therapeutic Justice in perspective of public opinion in selection true and efficient policy for confront with crime and criminal. Therapeutic justice was faced with this Accusation that reimburses valuable and necessity Resources for criminal that endanger the security of society and are enemy of it. Because of it, They Insistently demand for discarding lenient policies and want repressive approaches for confront with offenders. So, the grounds for Appearance of actuarial justice was provided. In one hand, it put in its center, the guarantee of public security and in other hand managing of costs. Actuarial justice in achieving its goals is based on two principles, which are very different from the principles of previous penal systems. In this research, we will deal with the political and legal basis of this penal system with a descriptive analytical method. The need for this research lies in the fact that actuarial justice has been the dominant policy of North America for two decades, and it is important to understand why it has emerged and what is its attitude toward crime.

Pursuant to Article 216 of the Civil Code and the well-known theory of the jurisprudent, the condition of non-ambiguity can be applied in sales advertisements. The main question in this article is what is the legal effect of vague advertising on the transaction? The most important effect of advertising is to create commitment and responsibility that creates rights and obligations for marketers, including advertisers, customers and advertisers. In this study, a qualitative and descriptive method was used and the purpose was to analyze the types of advertising civil liability and its effects on transactions. It seems that de-ambiguity in advertising can be considered by identifying the main components of advertising, the identity of the marketer, the owner of the ad and how to ensure the safety and health of the transaction recipients, as well as legal mechanisms to compensate for damages in sales ads. to be taken.

Firstly, advertising in broadcast and non-broadcast media should be independent of the obligations in the transaction, and secondly, the obligations related to advertising differ in the intensity and weakness of the ambiguity in the transaction, hence in advertising (ad producer, publisher, the marketer and the seller) are each responsible for the community of furniture. In the end, it is suggested that by determining the implicit condition of de-ambiguity for the sale advertisement, its violation should be considered in the society subject to supervision and compensation of material and moral damages outside the contract.

The existence of professional ethics in a society and in different professions will lead to the development of that society at different levels. In the legal profession, the attention of the principles of professional ethics by lawyers, in addition to being an upgrading in the legal profession, maintains the people's trust and sense of security and confidence about lawyers. The role of lawyers as advocate lawyers requires that they behave honorably and skillfully. Observance of the principles of professional ethics such as confidentiality, observance of the client's interests, performing the case of advocacy, Adherence to the rules of advocacy, honesty and integrity, loyalty, observance of courtesy and fairness and courage in the profession of advocacy seems necessary for any lawyer in relation to his/her client. In the Iranian legal system, the commendable measures taken to formulate the principles of professional ethics of advocacy and the implementation of guarantees for non-compliance with these principles, but, in this regard, there is still a gap in the existence of a specific code. The method of the present study is descriptive-analytical using the documentary method.

The Supervision of banks and non-governmental banking institutions has always been an important issue and a point of discussion. In this article, an attempt has been made to examine the scope of central bank supervision over non-governmental banking institutions, the challenges and even possible solutions. The article is descriptive-analytical and uses the library method to study the subject. The results of the article indicate that the Central Bank Supervises the Establishment, all activities and liquidation of non-governmental banking institutions, and the central bank supervises in various forms, in person and in Absentia. But the central bank faces several challenges in overseeing Ngos. Lack of clear and unambiguous monitoring mechanisms and lack of decisive supervision are among the most important challenges mentioned. Establishing up-to-date and efficient laws in the field of supervision as well as adopting a preventive supervision approach are the most important strategies for monitoring and dealing with violations of banks and non-governmental banking institutions.

The act of God is one of issues that has a long history in Imami jurisprudence and provides the ground for the obligated exemption from responsibility. The commentators of the Iranian Civil Code in Articles 227 and 229 of the Civil Code have interpreted the act of God. In the above two articles, the legislator states the conditions under which the obligor is exempted from paying damages. Reflection on the above article indicates that the Iranian legislature in general has expressed the effects of act of God and is exposed to other dimensions such as; the basics, descriptions, status of the contract and the exceptions of the act of God have not been revealed. Imami jurists have divided the act of God into two types of general excuse and special excuse and have mentioned two obligatory and conditional rulings for it. Understanding the effects and conditions of the act of God is very important in performing contractual duties. In a way that according to the opposing rulings in the Iranian judicial procedure regarding the act of God branch, examining the conditions and effects of the act of God branch will help the issuance of non-conflicting rulings in the courts. Among the effects of the act of God is the dissolution and suspension of the contract and the removal of the obligor from fulfilling the obligation, and the person or group that creates the act of God has civil liability to the parties to the contract. It is an argument and the author has used library sources to explain the position, works, conditions and exceptions of the act of God and has examined its foundations from the perspective of Imami jurisprudence.