نشریه قضاوت
پیاپی 105 (بهار 1400)

Today, legal persons and real persons are studied in the same way different branches of law. There is a controversy regarding the nature of real persons. Generally speaking, two theories of being real and hypothetical legal person have been presented. Regarding the criminal responsibility of legal entities, two conflicting theories have been expressed. The criminal laws of Iran have an individualistic nature and have not recognized the criminal responsibility of legal entities except in rare cases, and among legal entities, only governments and international governmental organizations have international legal personality. To manage these legal entities, there should be managers who have sufficient authorities, and along theses authorities, managers are obliged to perform some acts and leave some other ones, and along with the increase in their authorities, there are several specific responsibilities toward these managers.This responsibility is not limited to the commercial law and it is available in some other laws. Requirements have been established for the officials of legal entities, and violation of these requirements is a criminal responsibility. The will of a legal entity is expressed by its managers, and it is natural that legal entities, like natural persons, may commit an act or fail an act in the course of their daily activities that incurs loss to others. Therefore, according to the above mentioned statements, we are going to conduct library research to study the current issue and answer the main question that what is the concise criminal responsibility of legal entities by using a comparative approach to French and American laws?

Domestic violence against women is a global phenomenon. Domestic violence which was not traditionally considered a human rights issue has entered the UN agenda due to the efforts of human rights activists, Movements of women and active academics in this field. With General Recommendation No. 19 of the Convention on the Elimination of All Forms of Discrimination against Women, violence against women was recognized for the first time as a form of gender-based discrimination and integrated into the system of elimination of discrimination against women, which did not explicitly accept violence against women. Finally, governments have been obliged to combat violence against women, which is recognized as a form of discrimination based on gender in international human rights law, whether in the private or public sphere.According to these obligations, not only is the government obliged to protect the victims of violence and punish the perpetrators, but also to eliminate the causes of violence. The results obtained from the study on domestic violence against women in the framework of the decisions of the European Court of Human Rights show that the decisions of the European Human Rights Court consider this form of violence incompatible with the European human rights law and oblige the member states to undertake obligations in line with prohibiting and preventing violence against women and put it on their agenda.

The third party’s objection before the criminal court was considered as one of the controversial issues in the jurisprudence (judicial procedure). Some criminal judges accepted the third party’s objection to the written judgment in the property restitution section and dealt with the matter as a civil judge; while others believed in the principle of inherent jurisdiction between legal and criminal courts and considered the third party’s objection to be exclusive to the legal court. The challenge of accepting or not accepting the third objection was caused by the legislator's approach to some specific crimes in which the judge of the criminal court is obliged to issue a judgment to make restitution without a petition.On the one hand, one legal verdict on the issue of making restitution or the like is issued by a criminal authority without presenting a petition and as specified by some legal articles, and on the other hand, the acceptance of a third party’s objection depends on the existence of a full legal dispute. In some countries, such as Italy, it is mandatory to file a full civil lawsuit before the criminal court, and unlike Iran's proceedings, there is no distinction between crimes. With the approval of the unanimous decision of the Supreme Court No. 818, the dispute was resolved in the jurisprudence and the third party’s objection was considered to be within the jurisdiction of the criminal court. There are various objections to the unanimous decision, including the fact that the principle of inherent and specialized jurisdiction has been ignored. Also, based on the unanimous decision of the criminal court, it must deal with a third party’s objection litigation that has not been based on a fully processed legal lawsuit before, and sometimes it is created simply because a line is written in the judgment of the criminal court whose mission and purpose is something else. On the other hand, it seems that articles such as Article 111 of the Criminal Procedure Law have been neglected in issuing judgments by the Supreme Court.

The expansion of the global Internet and international trade, the joining of many companies and owners of goods and services to this global network for buying and selling goods and services has frequently increased the importance of intellectual property rights. The use of domain-name by commercial companies is one of the most important elements to make themselves, products, inventions and services identified in the development of e-commerce and conducting commercial activities through the Internet. At the present time, the franchise of the domain-name holder after its registration on the Internet addresses shows the importance of protecting the holders of rights of the domain owners and resolving disputes caused by the violation of this right. In the case of international disputes related to domain-names, the most important method is the Uniform Domain-Name Dispute-Resolution Policy, i.e. (resolving disputes by arbitration). Currently, domain registration is done solely on the basis of the preemptive right, and sometimes the problem arises from selecting the domain-name that interferes with trademarks; In fact, the selected domain-name has already been registered as a trademark of a merchant or trade company. Now the authors are trying to study and clarify the issue according to the current procedures and laws and regulations.

In explaining the cause of crime and its formation, criminologists mention psychological factors along with biological and social factors, and they consider the personality of the delinquent to be the most important factor among the psychological ones. Today, this category has passed the boundaries of psychology and criminology and entered into the field of criminal law. The delinquent personality, which is the basis for the individualization of punishment in today's criminal law, has caused the punishment of each person to be considered according to their personality. In various articles of the Islamic Penal Code enacted in 2013, as well as some of the articles of the executive bylaw issued by the Prisons and Security and Corrective Measures Organization enacted in 2005, the Iranian legislator has provided for the filing of personal files and in articles 203 and 286 of the Criminal Procedure Law enacted in 2013 and the circular of the head of the judiciary has also addressed the necessity of its formation; but by referring to the judgments issued by the courts, we will find that despite the legal requirement in cases of formation, its content is not taken into account in issuing the verdict; therefore, the authors of this research are going to discuss its role in Iran's criminal law and the reasons for the courts' reluctance to comply with the provisions of this legal task after explaining the issue.

Judicial independence is one of the fundamental issues of public law, because public trust in the government, the fulfillment of the rule of law and fair trial in every society is largely dependent on the degree of judicial independence. Through the study of judicial independence in Islam and international law, the writers of the present article are intended to take a look at the aforementioned proposition in the Islamic legal system and international law, and also the legal system of the Islamic Republic of Iran as a system that is based on teachings of Islam will be addressed as much as possible. The hypothesis of this research is that Islam has richer teachings in the field of judicial independence and there is a more comprehensive view in it. The research method is descriptive-analytical, and the sources have been collected by using a library method through note taking. After studying the afore-mentioned topic, the authors of the present lines, have proved the hypothesis and indicated that Islam contains richer teachings, that it is necessary for Islamic countries to play more roles in the gradual development of international law by relying on Islamic teachings.

The second generation of human rights is rooted in the human needs and ascendency, and is called positive rights or equal rights. This category of rights explains the musts in the behavior of the government towards the citizens. The musts that lead to providing the equality of citizens in enjoying the minimum requirement for living based on dignity. It should be noted that the of right on health is placed in the second generation of human rights, that is, welfare rights, and the International Covenant on Economic, Social and Cultural Rights has addressed this right in Article 12. Meanwhile, mental health as one of the most important aspects of health has been given attention to a certain extent along with physical health in general and has been reflected in various international human rights documents.  Mental health is an integral and fundamental part of the health of every individual. In return, it is obvious that by recognizing any right, including the right to mental health, as a human right, duties will be envisaged as well. Governments, as the most important actors in the international arena, are obliged to take steps to ensure and respect human rights both at domestic and international levels. In the international context, the right to mental health has been taken into consideration in the framework of United Nations actions, the actions of the International Committee of the Red Cross, the actions and documents of the European Union, the World Health Organization and in the framework of international labor documents. The main emphasis of international documents is on the right to mental health in the framework of armed conflicts and in the context of protecting vulnerable groups, including children and women.By comparing the citizenship rights charter and international documents, it should be said that in the charter of citizenship rights, there are also statements about the rights to life, health, and quality of life, and prohibition of torture, which are of the predisposing factors of mental health. The government is obligated to take necessary measures in this regard. However, in the Charter, no article is found that is exclusively dedicated to the right to mental health. In this descriptive-analytical research, we will try to examine the right to mental health by carrying out a comparative study of citizenship rights charter and the international human rights system, and also examine the guarantees and provisions of international law regarding the issue of mental health in Iranian law.