Magiran | فصلنامه کارآگاه، پیاپی 61 (زمستان 1401)

فهرست مطالب

پیاپی 61 (زمستان 1401)
تاریخ انتشار: 1401/07/11
تعداد عناوین: 10

فارسی
English

انتخاب همه

Cyber fraud in the context of judicial procedure

saleh ojaqlo, mohamad reza zandi *, jalil omodi Pages 23-43

Background and purpose

Cyber fraud is considered one of the most important crimes committed in cyber space. This scam has a distinct and new effect from the classic scam. In judicial procedure, the lack of uniform understanding of judges and lack of sufficient expertise in the field of cyber and lack of knowledge of the situation and conditions of this crime have caused differences and mixed opinions in the practical procedure of the courts. Cyber and there is a border between it and traditional fraud, they have investigated and analyzed the opinions issued by prosecutors and criminal courts of Tehran province, and as a result, they seek to create a procedural unity in this field.

Method

The present research is a combination of a descriptive-analytical study and a study of opinions issued by prosecutors and criminal courts of Tehran province.

Findings and results

In the jurisprudence of mixed opinions, a distinction should be made between cases where a computer is used as a means of committing a crime and cases where a computer is a platform for committing a crime. Also, in the jurisprudence, the forgivability of the crime of cyber fraud is a point of dispute, but cyber fraud is considered an unforgivable crime because the legislator used the word "fraud" in Article 7 of the Law on Reduction of Penalty Imprisonment approved in 2019, but in Article 11, the word "fraud" was used. "Fraud under Article (1) of the Law on Intensification of Punishment for Bribery,

Keywords: Cyber fraud, automatic teller machines (ATM), criminal courts of Tehran, judicial procedure

Abstract View Paper Research/Original Article Original: Persian
Objectives, basics and examples of benefiting from information technology in criminal proceedings

morteza Haddadzadeh Neiri *, ali mazidi sharif abadi, mohammadmehdi barghi Pages 45-63

View Paper Research/Original Article Original: Persian
Civil liability arising from the community of several causes In the Islamic Penal Code approved in 2012

esmaeil Ahmadi Befroi, seyed mehdi mansouri *, amir mohamad sedidhiyan, seyed jafar Hashemi Bajgani Pages 107-125

Background and purpose

civil responsibility and forced guarantee are topics that have a very wide scope and, accordingly, various issues are proposed and discussed in it. Investigating the point that the amount and manner of dividing civil responsibility and whether it is based on equality or on the basis of fault and philosophy and clarifying the cause of these discussions, itself clarifies the importance of the selected topic and among other motivations for choosing this topic is the lack of coordination and There is consistency between the articles of the Islamic Penal Code approved in 2012.

Method

The present research was carried out using a descriptive and analytical method.

Findings and results

By examining legal ideas and legal materials, it shows that the Islamic Penal Code, theoretically, to a great extent, solves the mystery of how to distribute civil responsibility, such as the multiplicity of causes and factors of loss and the community of stewards to a great extent. There have been many changes in the rules of civil liability. Therefore, the legislator has accepted the share guarantee in article 529 and in the association of the cause and steward and also in article 527, but in article 533 in the association of assets, he has not accepted the guarantee of the share in a transverse way and also in article 453. It deserves that the legislator has abandoned the baseless rules in the Islamic Penal Code of 1392 regarding the relationship of citation and with the benefit

Keywords: Civil liability, multi-causal society, causal, responsible society, Islamic Penal Code

Abstract View Paper Research/Original Article Original: Persian
The challenges of developing retrial in legal matters through Article 477 of the Criminal Procedure Law With a comparative study of the French legal system

sasan rashidi, ali alboye, tayeb afsharnia Pages 187-205

Background and purpose

In Iran's civil procedure law, extraordinary methods of protesting final decisions include third-party protest, retrial and appeal. In addition, after the Islamic Revolution of Iran, extraordinary yet uncommon methods have been developed, especially the restoration of special proceedings based on the former amended Article 18 (1385) and Article 477 of the A.D.C. approved in 1392, which is similar to that in the criminal and civil procedure of France. Appeal is in favor of the law. It seems that these two extraordinary methods, in addition to sharing features, have many differences, including the basis and direction of violation of the opinion, the method of processing, and having a suspensive and transitional effect.

Method

The present article has been done with a descriptive-analytical method and a comparative approach based on library and documentary data.

Findings and results

The application of the decision of the head of the judiciary to establish the principle of justice and fairness faces many challenges. Order dictates that, along with justice, the proceedings should end one day and the enmity should be decided. Experience has shown that the convicted person usually does not willingly submit to the court's verdict and always seeks to delay the execution of the verdict or violate it. Therefore, it must be accepted that this method, although it may have benefits and prevent the implementation of a few votes against the law, but its harm is many times greater than its benefit.

Keywords: Reinstatement of special proceedings, appeals, extraordinary methods of complaints, Article 477 of the Criminal Procedure Law

Abstract Research/Original Article Original: Persian
The conditions and effects of secondary punishments in Iran's legislative criminal policy

marziye naseri, Davood Dasash Nejad Delshad, morteza barati Pages 193-211

Background and purpose

In Islamic teachings and criminology, punishment is not the main goal. Rather, it is a deterrent to criminals and other people. Therefore, the most important purpose of applying secondary punishment in addition to the main and supplementary punishment is to prevent the risk of repeating crimes in the society for the perpetrators of important crimes who are afraid that they will turn to committing crimes in the future. In this way, the legislator foresees secondary punishments in the law, the most important of which is deprivation of social rights. In this way, it has played an effective role in preventing the repetition of crime and supporting the society. The purpose of this research is the necessity of using the opinions of jurists and jurists on the issue of crime and punishment, especially the consequential punishment, which is by explaining the various issues related to this issue and resolving the ambiguities in the conditions and effects of the consequential punishments in the legal criminal policy of Iran. .

Method

The present research was carried out using a descriptive and analytical method.

Findings and results

The most important conditions for imposing secondary punishments can be mentioned depending on the main punishment, its legality and mandatoryness and time limit, and the effects of secondary punishments are: effectiveness of the execution of the original punishment, effectiveness of the passage of time, Effectiveness of forgiveness, effectiveness of pardon and parole, effective criminal conviction and restoration of dignity.

Keywords: Consequential punishment, restoration of dignity, effective criminal conviction, subject to the passage of time, intentional crimes

Abstract View Paper Research/Original Article Original: Persian

علمی مصوب

فصلنامه کارآگاه

Karagah

فصلنامه علوم انسانی

آخرین شماره | آرشیو

ISSN: 1735-272X

صاحب امتیاز:

پلیس آگاهی ناجا

مدیر مسئول:

محمد قنبری

سردبیر:

دکتر عبدالله هندیانی

اطلاعات بیشتر نشریه

درباره نشریه پیام به نشریه سایت اختصاصی نشریه پذیرش الکترونیکی مقاله

به جمع مشترکان مگیران بپیوندید!

فهرست مطالب

فصلنامه کارآگاه

Karagah