نشریه پژوهش های حقوق جزا و جرم شناسی
پیاپی 18 (پاییز و زمستان 1400)

Press freedom comes from Citizens' right to information. But this Notices in criminal proceeding following the Corrupts sequences such as disclosure of confidential information, being under pressure by witnesses and jurors and judges & etc. So justified to create the legal restriction & prohibition. Both the criminal law of Iran and the United Kingdom, Are considered the Restrictions for press notices in criminal proceeding. The law of Iran has encountered only one legal ban on illegal recording and on illegal distribution in the form of crime. The law of England criminalized the both conducts for press. Illegal distribution criminalized with the aim of preventing the negative impact of the media and diverting the proceedings, Based on common law illegal distribution describe as crime with strict liability. But as a result of the Thalidomide case, The British Parliament to adhere to that principle, departed too much from strict liability rule by Ratification the contempt of court Act 1981. In total, Iranian press have more freedom in notices in criminal proceeding and confront less often restrictions. But UK procurement restrictions on press freedom are more coherent & accurately than the same in Iran legal system and leads to more responsibility for media.

The execution of criminal sentences is the result of the criminal investigation process and the result of all the previous efforts of law enforcement. The criminal justice system at this stage has institutions and actors that are responsible for enforcing various criminal judgments. An examination of the different legal systems shows that there are two general patterns in the structure of enforcement. In many countries, the enforcement of judgments is entrusted to the judiciary, which itself can be a subset of the executive or the judiciary. Execution of sentences. However, the structure and manner of execution of judgments is based on a series of rules and regulations that are derived from the principles of fair trial. One of the most important principles of fair trial is related to the implementation of the principle of judicial independence in the execution of criminal sentences, which has two aspects of structural and personal independence; That is, both the institution and the executive judge must be independent. But this principle faces serious challenges in Iran; Because now, on the one hand, the Deputy for Execution of Criminal Judgments is under the jurisdiction of the Prosecutor's Office, and the Executing Judge acts under the supervision of the Prosecutor, both of whom lack full independence in executing judgments, and on the other hand, the Execution Judge has jurisdiction to change the sentence. It does not use correctional institutions such as parole and suspension of punishment, which is contrary to the principle of judicial independence and...

The rational choice theories are empowered on explaining the instrumental crimes such as fraud, malversation and other financial crimes. It is due to the consonant of economic human as agent who can evaluate the costs and benefits of consequences his behavior and the financial nature if instrumental crimes. One of the crucial assumptions of rational choice theory is to consider human being as people who are aware and their behavior is egoistic. There is not any harmony between the real society and mentioned assumption, as we can see there are lots of cooperative behaviors among people. The rational choice theories are not successful in explaining criminal decision making cognitive process. On the other hand, evolutionary psychology as an interactional approach tries to explain that the fraudulently behaviors which end to instrumental crimes, are emerge from cooperative and sustainable strategies. Cooperative and sustainable strategies are emerged as the consequences of evolutionary psychological mechanism such as theory of mind, empathy and the sense of fairness that are related to cooperative strategies. In some cases these mechanisms pave the way for transmission and stability of cooperative behaviors; but in some occasions they provide necessary situation for executing free riding strategies for people. This is a descriptive analytic study that is based on fundamental orientation. The data of this paper has been collected based on secondary resources.

International treaties for the transfer of convicts to imprisonment, as evidence of the enforcement of a judicial decision of a country in another country, appear to be contrary to the aims of punishment and the territoriality of the enforcement of a criminal sentence. In these agreements, powers such as conversion and reversal of the sentence for the executing country are considered, which is in contradiction with the principle of sovereignty and judicial independence. Given these ambiguities and challenges, the scope of these extensive agreements is increasing day by day, requiring a rational justification. The globalization of criminal law, although it can be a good basis for these agreements and covering the territoriality of criminal laws and penalties, can not justify a logical change in the verdict of a judge other than the issuing authority. The assignment of rules and limitation of legal principles through these agreements and the judiciary by the issuing authority of the verdict as the philosophy of the existence of these acts is appropriate, but at the same time exceptional, but has deficiencies that require more examination. In this paper, while reviewing these agreements and the implementation challenges posed to it, it will try to provide reasonable justification for this procedure by assessing the basis for accepting agreements as a contract or an extension.

Citizenship rights form an essential part of the values of each society, therefore, the obligations of each society towards this should be radically expanded in terms of belief and morality within the general system of the society, therefore, the prediction of legal resources that safeguard the interests and rights of citizens it important. The way society reacts to crime is to a large extent related to political concepts and ideologies, and ideological foundations are crucial in determining the direction of criminal law practice, and it is effective in defining the scope of criminal law. Depending on the political system, the level of government interference in individual freedoms and private lives varies, and the increase or decrease in the scope of government interference in this area can lead to bribery or expansion of criminal offenses. The theory of a minimal government believes that people without government intervention can solve their social problems. It also does not rule out the replacement of non-payment performance guarantees; it may even be sacrificed in some cases, even more so than individual rights and freedoms. In this paper, in order to emphasize the rights and interests of citizens and their role in the process of criminal justice, the status of the guarantee of criminal law in a minimum state; effective challenges and strategies to ensure that the basic rights and freedoms of citizens are desirable, provided and guaranteed.

Power exists between citizens in all social relations and it’s effect on various fields can be clearly seen. Power has also played a role in the field of criminal law and it affects the process of citizen’s punishment. The mechanism of punishment which affects by power can depart from its true path and eventually these affects can punish an innocent person or, in contrary save an offender from punishment. Although traditional definitions of power are such that it is considered a matter to be occupable, New ideas about power that are inspired by the thoughts of Michael make it fluid and current. The recent attitude is noticeable and remarkable, so power also plays a role in a criminal justice system. Power in various fields of politics, economy, military, etc. imposes itself on the mechanism of punishment. Any kind of power can affect fair trial and there are many instances of this in the history of criminal law that indicates how much power can affect the process of criminal justice. In famous lawsuits like Alfred and Dommy’s cases, the evident effects of power can be seen on criminal law. this is an undeniable truth.

Due to the institutionalization of the traditional function of the police in preventing the occurrence and recurrence of crime, in the practice of providing security has faced a deadlock. Therefore, this study seeks to identify the challenges and mechanisms for the implementation of restorative processes in the police to respond to the needs of the victim, make the offender responsible, increase the sense of security and restore disrupted order in society.

Qualitative research is applied in terms of purpose. Its sampling is purposeful and with a semi-structured interview tool that is used to collect data from experts and consulting staff of Tehran police stations by snowball method to the point of theoretical saturation.

The most important challenges of implementing restorative justice procedures in the police organization; Lack of rules for police remedial intervention, limitations of mediation in punishments, weakness of effective oversight mechanism, lack of interaction between the judiciary and police, dominance of police organizational culture in peace and reconciliation, lack of verbal communication on restorative justice, inadequate police understanding of application The results of restorative justice are to ignore the consent of the parties in referring to the restorative process.

The most important legal, judicial and executive mechanisms of restorative justice procedures in the police organization; The need to formulate laws for police remedial intervention, the need to draft peace and reconciliation regulations, promote a culture of restorative justice, standardize the behavior of police facilitators and monitor and evaluate them, employ expert mediators and teach them the principles of restorative justice, reform the police structure in Introduced to strengthen the restorative justice approach.

Empiricism, as a philosophical school, has been influential in various fields of science through suggesting experiential method. The usage of this method in criminal law is also being expanded. Due to the religious foundations of law in Iran, it is necessary to recognize the possibility of using empirical method in Iranian criminal law system. According to some articles of Iranian constitution using advanced human experiences and trying to advance them in order to achieve the goals of the Islamic Republic of Iran is necessary. Among the sources of Islamic law is binā al-oqalā i.e. common sense or manner of the wise people and there is no doubt that wise people rely upon experience. Even though experiential studies don’t result in surety and certainty they bring credible conjecture and Islamic view recognizes credibility of such knowledge. In practice, Iranian legislator has paid attention to the findings of experiential studies less and more in all types of punishments like had(prescribed punishment), qisās(retaliation), diyah(blood money or compensation) and ta’zīr(discretionary punishment). The legislator's benefit from empirical findings in Iranian criminal law, however, has not been based on statistical and precise studies. This shortcoming, in its turn, has resulted in a huge number of changes which have not been based on considering the previous experiences.

Starvation of civilian population as a method of warfare is prohibited in both international and non-international armed conflicts. This proscribed conduct, as a grave breach of international humanitarian law, is criminalized as a war crime by international criminal law. Taking into account international instruments and jurisprudence, this paper seeks to conceptualize starvation and its constituent elements. As an international crime, starvation requires three elements. First, contextual element and that is the conduct should be committed in the context of an armed conflict. Second, material element which defines the concerned conduct as depravation of civilians from objects indispensable for their survival, which implies that the term of starvation goes behind its literal meaning. It means that starvation is not limited to depravation of food and water. Third, mental element which requires the perpetrator to intend to starve civilian population as a method of warfare. This stipulation does not require that the crime exclusively seeks a military objective but it should be committed in the context of an armed conflict.

The medical induced consumption as a collection of deviations which holds one common feature namelythe same misuse of authorities and powers for gaining benefits has enjoyed a specific importance both nationally and internationally. Measured and correct reception in relation with such phenomenon involves a comprehensive and at the same time one exact criminal policy that every country must pay attention to it.Furthermore, with regards to the transnational featureof drug mafia and the crimes related to it therefore all contrivances which are applied for regulating and arranging the international co-operations are among the constituent componentsof criminal policy in every country. The global society has tried to declare the most drastic actions, measures and programs related to prevent such phenomenon and then create a very effective confrontation with this matter at the national level of countries by utilizing the experience and innovation of different countries and with regards to the prevalence and extentof negative effects of induced consumption. One of the most important methodsis the necessary plan of substituting the generic plan which has specifically taken the topic of medical induced consumption and the required plans for confronting with it including the penal supports into consideration and also has changed to an executive law in the different countries such as America, Canada, European Union and Japan. we have tried to compare the medical induced consumption in criminal policy with the other countries and then clarify the points of similarities and differences and provide some recommendations to remove the probable gaps in Iran.

The division of crimes into forgivable and unforgivable is one of the main guarantees and manifestations of paying attention to the rights of the victim. In the law on reducing the punishment of imprisonment imposed in 1399, the legislator using various criteria such as; The type of crime committed, the amount of property seized, the history of the offender, the age of the offender, etc., has developed the scope of forgivable crimes. This action of the legislator has brought practical achievements in accordance with the components of justice and fairness, and challenges for the judicial authorities due to the ambiguous criteria and expressions. Considering the development of the scope of forgivable crimes in the law of reduction, the adoption of a judicial procedure in accordance with the mission of the law of reduction is the importance of conducting research. The main question is, what are the innovations and challenges facing the development of the scope of forgivable crimes in the law of reduction? Therefore, in this research, with a practical approach, and in a descriptive-analytical manner, these changes are examined and the research achievements include; Identifying the challenges and achievements of the law in relation to the development of the scope of crimes is forgivable.

spiritual damages are a set of harms imposed on the individual rights of people. In accordance with Article 14 of the criminal procedure code, approved in 1392, in regard to the compensation law, inclusion of the final verdict in the press and apology are amongst the compensation strategies for the spiritual damages. The compensation strategies in Iran are analogical and it is the judicial authority who makes the final decision about them. This project aims to conduct a comparative study of the executive strategies in compensating the spiritual damages in Iran, France, the UK, and the US

The current study is a qualitative research with a comparative approach which applies library resources and documents in terms of its application and instruments.

Based on the findings of research considering Iran’s law, spiritual damage is the harm to the dignity or reputation of individuals. Example of spiritual damage in Iran include personal, social, and family defamation as well as psychological traumas. In the UK, any damage that results in loss of social adjustment, defamation, or mental disorders is considered as spiritual damage and consequently, damages that lead to individuals’ pain and suffering, or loss of gifs of life are amongst the cases of spiritual damage. In France, it is defined as the harm to people’s reputation and dignity. Defamation, humiliation, and insult are instances of spiritual damage in France.

The dynamic and curious nature of human beings to deepen and develop social relations and the help of new technologies as well as limiting the undisputed field of sovereignty within geographical borders, has created a great revolution in the international community on a human-centered base. The development of the realm of law has moved in the same direction, and the international transfer of convicts, as one of the important examples of judicial cooperation in the field of international criminal law, has indicated to the same transformational view.Today, the transfer of convicts is conducted based on principles and rules that are influenced by human rights’ standards and regulations, the violation of which by international activists leads to their accountability and responsibility. Accordingly, the international transfer of convicts has not been deprived of this current issue of human rights development, and even because of the importance of freedom and rights of individual in this regard, it is rapidly adapting to the new conditions created in the international community. Therefore, the investigation of the interrelationships between human rights and the international transfer of convicts, as well as explaining the examples of human rights in the implementation of the transfer in an analytical-descriptive manner, will remind the depth of human rights impact on government penal policy in the international transfer of convicts

Determining the nature of crimes in substantive law will always be a criterion for how to apply formal regulations to certain crimes and by determining the nature of the crimes, the legal prohibitions on the application of compassionate institutions to the perpetrators are correctly identified and the dispersal of votes in the judiciary regarding some criminals is prevented in this regard, drug crimes are a clear example of crimes due to the unclear nature of them how to apply formal regulations and sometimes the application of benevolent institutions to them is problematic and changing the nature of these crimes in the legislative process before and after the revolution and especially the reformed laws after the revolution doubled this problem. Changing the nature of drug crimes from deterrent to ta'zir and the imposition of a limited punishment on some of these crimes that this crime took on a multiple nature and according to the research conducted in the laws of Iran and Afghanistan was determined this crime has followed a single path in Afghan law and by knowing it as ta'zir, it has eliminated such problems whereas in Iranian law, the mentioned offense has both the nature of an unspecified religious ta'zir and a limit

Prevention of e-money laundering has a defensive aspect from two perspectives.One of the perspectives of the crime scene is cyberspace, which,with protecting the subject of crime takes precedence over preventing the occurrence of crime,and preventive measures are in the position of protecting computer values so that the perpetrator does not touch them.Unlike crime prevention in the traditional or physical space,the authority to act is in the hands of the perpetrators, but in cyberspace,the perpetrator is in the hands of the perpetrators, and the perpetrator is more of a guard than an opportunity to commit a crime.The second is from the perspective of electronic financial exchanges, which are based on features such as speed, mass and spatial diversity in practice,out of reach of preventive measures.What will be an open environment for mastering and creating controlling software measures is only the limited financial institutions,but this mastery in exchanges is minimized. In this regard,the prevention officer inevitably resorts to a defensive approach in crime prevention.This article,based on library and Internet resources and in a descriptive and analytical manner, tries to examine the challenges and strategies to prevent e-money laundering from the point of view of defensive and offensive measures.The approach is based on the defense approach in the prevention of e-money laundering,according to which the values of cyberspace on the one hand and the effectiveness of preventive measures in cyberspace on the other require financial exchanges in cyberspace in terms of origin.And control the origin and the direction of the exchange path.

This study investigated the linguistic norms in forensic discourse of judge-defendant in criminal courts of the Islamic Republic of Iran and focused on the frequency and the percentage of verbal deviations in the judge and the accused person. The research tool was McMennamin’s (2002) linguistic model concerning the linguistic prescriptive, and descriptive deviations from the linguistic norms. Data were collected through observing fifty 10-minute video clips of Karbaschi’s defendants as the former mayor in Tehran. The data were analyzed statistically through descriptive statistics. Findings were divided into three categories of verbal norms: standard, change and deviation. The findings indicated indicated that usage of words through non-standard language have a vital role in representing the defendant's social status While the judge followed standard norms, Karbaschi changed and deviated from the norms more significantly than the judge did. Findings of the study suggest that forensic discourse implicitly depicts hierarchical level, superordinate and subordinate’s structures within the linguistic community. Social distance determines the formality of situational context while power and solidarity affect people’s interactional communications. Thus, the analysis of judges and accused persons' speeches can lead to identifying the linguistic norms which are correlated to their use of discourse.in the court specifies their individual, social, and forensic status.