نشریه حقوق و فقه تربیت و کودک
پیاپی 10 (تابستان 1401)

Justice in the execution of punishment towards the criminal must be in accordance with the circumstances of the crime and the state of the criminal at that time. And in order to achieve this, it is necessary to take into account all the conditions of the criminal while determining the punishment for many crimes. Because Islam seeks better implementation of justice in all matters. Therefore, punishing all criminals by simply referring to a general law, without considering the external factors of the crime and the individual and social psychological factors of the criminal, in other words, without considering the individual and social personality of the criminal himself, is another crime. So instead of saying what is the punishment for a certain crime, we should say who is the culprit? What is his knowledge and education? Where, in which house, which city, which country was he raised? What was the state of his biology, nervous and mental system when he committed the crime? And after examining all aspects of the crime and the criminal, then any verdict is issued, the verdict will be fair.

Throughout the history of Iran, judicial officers have always enjoyed a special position in the government and judicial system under various titles in order to help maintain and enforce the law, detect crimes and prosecute the accused. Creating security, establishing justice, social order and discipline, preliminary investigations, identifying the factors and platforms underlying the occurrence of crime and increasing the confidence and trust factor of society depends on the positive interaction of law enforcement officers with other forces.With the spread of crimes in the society and also the importance of the follow-up process in preliminary investigations and dealing with the causes of the occurrence and detection of crimes, this research aims to examine the indicators of the interaction of judicial officers with other governing bodies.Being in charge of judicial officers in preliminary investigations does not mean that other organizations do not have the duty. Perhaps other organizations are considered as the executive arm of judicial officers in preliminary investigations. Therefore, the reason for entrusting this important task to the judicial officers is that the main institution that can discover and prepare the reasons for the crime are the judicial officers. Referring to the Criminal Procedure Law, in the discussion of assigning the responsibility of preliminary investigations to the judicial officers, It is due to the implementation and connection of the issue with the assigned duties of the officers.

In the not-so-distant past, there was a belief that the legal system, unlike physical damages, is not capable of measuring mental suffering or inner anxiety, and therefore such damages cannot be compensated. Courts were reluctant to award compensation in cases that resulted in emotional damage without causing physical damage. At that time, the medical science of psychology could not prove the relationship between creating emotional injuries and the physical causes that lead to them.. For a long time, most people believed that madness and other mental illnesses are caused as a result of a person's sins. In the modern era, such a belief has fundamentally changed and psychological studies have become an inseparable part of medical science. Corresponding to this change in rights, the fact that mental injuries are the same as real physical injuries and can be caused by physical actions has also been gradually accepted. Of course, this does not mean that the rights accept any moral damage and order to compensate it. One of the cases to consider is when a person suffers mental injuries, but this injury is not caused by physical injuries inflicted on him, but as a result of seeing or hearing the news of injuries inflicted on another person, he suffers psychological injuries. The classic example is when a mother witnesses her child being run over by a careless driver. Such a mother is probably psychologically damaged and will not be able to perform her daily tasks properly. Can such a mother file a lawsuit and claim damages due to such mental injuries?

Compensation for delay in payment is one of the issues that have been raised in the field of jurisprudence and law and in terms of the emergence of many changes, has taken positions from the jurisprudential and legal authorities. On the one hand, it is very difficult to maintain economic order in the current world, regardless of the penalty for delay, and on the other hand, the suspicion that the legal institution is illegal and the need to comply with the rules of law according to the fourth principle of the Constitution of the Islamic Republic Iran demands more and more exploration around this issue. After the revolution, the jurists of the Guardian Council, according to the fourth principle of the constitution, declared that their duty to implement the laws in accordance with Anwar Sharia was illegal and haram, but later due to increasing liquidity and rising inflation. The Guardian Council was forced to reconsider and accept the compensation for the delay, but doubts remained. To seek a solution in the Shari'a, and by determining the damages on the delay of payment, to establish a lever for the fulfillment of the obligation on time.

This paper has two principal aims. First of all it deals with the introductory concepts of ethics field of study such as morality, duty, ethics and bioethics together with the distinctive characteristics of each term. While trying to give the methodological vision of the evolution from morality to bioethics in historical and societal perspective, it clarifies the main principles of bioethics by giving special emphasis to universal and global points of view. Secondly it means to define and explain the interactive relationship between ethics and law basing on the features peculiar to these disciplines that affect each other reciprocally. It explains the main approaches in exemplification of fateful cases in near history of ethics and health law debates. Because today, the introduction of legal and ethical concepts in new areas with the advancement of technology is inevitable.  It ends with predictions of the interaction between bioethics and law to reshape and transform to the benefit of each other giving birth to health law.

The armed forces have military exercises, whether drills or shooting, in certain areas that are special for shooting. These special areas for shooting exercises, which are for light and heavy weapons, are sometimes shared by several armed forces organizations, and each of the organizations (including the IRGC-Ajah and the police force) is required to conduct exercises (military exercises) after each stage of the exercise. and shooting weapons, explore and clear that area. In addition, before the start of the military exercises, they are required to obtain a notam permit (air warning to prevent damage to airplanes or helicopters in flight) at most one month to 45 days before the date of the exercise, in coordination with their hierarchy and the civil aviation organization. in the prohibited area for drills and shooting) and subsequently inform the residents and residents adjacent to the location of the military exercises of the exact date, so that the residents of the area are protected from injury or physical loss and the necessary precautions are taken to prevent the animals or fields of ranchers and farmers Do not damage the area. During drills and shooting, especially with heavy weapons, sometimes it is possible that a number of bullets do not work and do not explode, in this regard, the relevant officials in the unit that conducts the drills and shooting are obliged to neutralize the bullets that did not work in order to prevent The consequences of its possible explosion are after leaving the unit. It is obvious that if the area is not explored and cleared in time, there is a possibility that the residents and residents adjacent to the training area and shooting ranges, which are not enclosed and sometimes there is traffic in that area, the explosion of unfired bullets will cause damage to the residents. Or their cattle. Therefore, this article, using the analytical-descriptive method, examines the criminal aspects of not exploring and cleaning the training area and shooting ranges of the armed forces in the light of the accusation of blasphemy in the matter of physical harm and carelessness and recklessness, and its study is based on the issuance of joint opinions in respected authorities. and at the same time, it is effective in preventing the delay of proceedings in the type and manner of setting up the case referred by the judicial officers to the judicial authorities, as well as explaining and explaining the issue and evidence of the crime to the judges of the judicial authorities, and it is effective in preventing losses and losses to the armed forces and the treasury of the Republic. Islamic Iran forbids.

Corruption is an unethical, illegal and fraudulent act that is done with the aim of gaining illegitimate benefits by one or more people and it can be defined as the unethical use of any type of public (government) facility for personal gain, deviation from Honesty and integrity through bribery or collusion, defined the act of violating the law in order to help a third party in exchange for receiving money by government employees. (The article on the assessment of administrative corruption and ways to combat it, authored by Amir Shadmanjo) Administrative corruption is considered one of the chronic diseases and in fact the oldest injury of the administrative system, because it is a phenomenon born from the state, that is, since human activities took an organized form. Administrative corruption also emerged as a result of internal interactions and interaction with the environment from the text of the organization. Corruption is a much broader phenomenon than fraud and has a multifaceted nature. Corruption in the administrative systems of most countries causes serious damage to development and progress, and in countries In a developing country like Iran, the importance and control of it has become clear and obvious to the politicians and their people. Among the harms of corruption are: administrative corruption hinders the growth of healthy competition and pushes back efforts to reduce poverty and social justice, weakening the belief nations to their own ability and causes despair and disillusionment towards the foreseeable future. and all It is the participation of citizens. The main purpose of this research is administrative corruption and ways to fight it.

Crime and delinquency are considered important in society because the criminal spends his energy on committing crime and delinquency instead of education, employment and other things that are effective for the society. This issue has occupied the public opinion. And in all societies, there is an effort to prevent people from committing crimes by knowing the factors. Also, crime is a natural phenomenon in society and society's responses to crime are studied in criminology and criminology. One of the reasons for a person's delinquency and his subsequent sentencing to prison is the deficiencies in his socialization process in the family. Therefore, the purpose of sentencing the accused to prison is not because of the suffering and torment on him, but to ensure the peace and security of the society. Also, prison causes a person to stay away from family and society, and in addition, they often look at him as a criminal, which sometimes causes the collapse of the family unit. As we can see, today the punishment of prison, which was once one of the honors of mankind, has turned into a breeding ground for delinquency and its correctional and rehabilitation function has failed. For this reason, it has been criticized by lawyers and criminal systems. In this research, we have tried to investigate the criminology of prisoners' delinquency, and the research method used in this research is using the library method and data collection.

Arbitration is the most common method of dispute resolution in the field of international trade and it consists of resolving the dispute between the litigants by handing it over to the arbitration of the persons chosen by the litigants by agreement, and it includes two stages of handling the dispute and recognizing and enforcing the decision. . But this goal becomes more complete when the decision is valid and enforceable. For this purpose, the decision issued by the international commercial arbitration authority needs to be recognized and enforced by the executing authority. In the meantime, there are obstacles on the way to the implementation of the decision, of which the criterion of public order is the most general and the most prominent, because usually the condemned against the arbitration decision is tried with the help of public order and by resorting to reasons and obstacles that are supported by the legislator and international documents and conventions. to refuse to recognize and implement the vote. International public order represents a set of organizations and legal rules that are inextricably linked with the foundations and principles of civilization of a country and inevitably take precedence over foreign laws. This order is not a common order among all countries, but it is a point of balance between the interests and general order of a country with the general order and interests of other nations and the needs of international trade. What is the position of public order in the implementation of international commercial arbitration rulings? There is a conflict between preventing the violation of domestic values ​​and laws and the desire to respect the certainty of international arbitration rulings, and the most suitable solution to resolve this conflict is to apply the narrow concept of public order in this field. Of course, the court where the judgment is executed must apply the international public order in any case in relation to the execution of international judgments, and even the same seat of international arbitration as the executive court cannot be a good reason to apply the internal public order of the executive court in this field. Nevertheless, despite the importance of public order in the implementation of international commercial arbitration awards, all considerations related to the public order of countries cannot be applied in the implementation of international commercial arbitration awards, and only the international public order of the relevant country is applied with a narrow interpretation.

Arbitration, as a dispute resolution method, is a contract by which the parties entrust the resolution of current and possible future disputes to their trusted persons in a special transaction, and undertake to implement their judgments, without referring to the courts of law. they do. The arbitrator's decision is the final goal of the arbitration. In the meantime, obstacles and problems may arise during voting, and these obstacles and problems are evident in both domestic and international voting. The implementation of domestic and international judgments in judicial authorities faces legal and judicial problems, some of which are due to legal violations and ambiguity, and the other part is due to the lack of sufficient judicial procedure in the issue of implementation and recognition. The non-appealability of an arbitrator's decision against a third party, as well as the absence of an independent institution to implement the arbitrator's decision within the arbitration institution itself, are examples of problems and obstacles governing the implementation of arbitration decisions. In Iran's legal system, there is a restriction for public and government entities, which has shown itself in the form of Article 139 of the Constitution of the Islamic Republic of Iran. This principle is complete in terms of predicting a supervisory and control mechanism regarding public and government property and assets, but it brings inappropriate effects and consequences in business relations and especially attracting foreign investment, and with the nature of business affairs that speeding up the It is business affairs, it is in conflict. In the present article, an attempt is made to explain and discuss the obstacles to the implementation of arbitration decisions with descriptive-analytical method and library study through data collection.