نشریه قضاوت
پیاپی 109 (بهار 1401)

One of the crucial tasks of professional ethics knowledge is to critique recognized professional practices. Ethical behaviors, emphasizing self-discipline, prevent harm, damage, and other issues before they occur. Stakeholders expect professionals to commit to ethical obligations and responsibilities, while professionals, in turn, anticipate ethical knowledge to systematically address ethical responsibilities in their profession and effectively solve ethical issues. Ethical considerations are explored through two approaches, human resources and organizational, in the analysis of the issues discussed in this research. The fundamental question of this article is which aspects of professional ethics are specific to adjudication? Do regulations governing some judicial responsibilities suffice? In establishing judicial ethics, in addition to regulations, what strategies can be proposed? This article, relying on a problem-solving approach and drawing on the principles of issue analysis, employs a descriptive-analytical method, utilizing library resources, interdisciplinary studies, and judicial experience., relying on a problem-solving approach and drawing on the principles of issue analysis,

IoT, as a new technological paradigm, is advancing with significant economic and social implications. While network connectivity brings functional infrastructure, challenges regarding licensing and enforcement of essential patents within the Standard Essential Patents (SEP) framework in the Information and Communication Technology (ICT) sector cast a wide shadow on IoT technology development. Focusing on the European Union's legal approach based on competition law, this article explores existing legal aspects mainly arising from the mobile industry's challenges to address IoT tools and their encompassing technologies. Using a descriptive-analytical method, it seeks to answer whether the current patent regulations framework adequately aligns with the needs and Standard Essential Patents (SEP) for IoT development or not. Ultimately, it concludes that updating and aligning current regulations with the unique features of Standard Essential Patents for IoT will enable the creation of a more flexible and effective legal framework for patent protection in this domain domain.

Understanding the personalities of perpetrators of violent crimes from the perspectives of psychologists and criminologists is one of the key research areas for exploring psychological studies of violent crimes within the criminal justice field. This study aims to investigate the role, application, and solutions of scientific psychology concerning individuals who commit violent crimes. The violence exhibited by offenders is a result of personality disorders, internal and external family issues, and the effects of power and wealth inequality in society. Through clinical psychology and criminal psychology, experts in this field can prevent recurrent aggression and work towards reconstructing the offender's personality to minimize aggression levels and reduce the number of aggressive individuals. Additionally, categorizing these offenders under anger management programs can assess their actions during the commission of the crime, determining punishments based on such assessments. Despite legislative measures and reform programs implemented by prison classification councils, aggressive violence in society has been on the rise, and reducing the criminal prison population (including the 1399-approved law on reducing punitive imprisonment) has proven ineffective.

The significance of the application of "Ja'ala" (agency) in Islamic banking is to the extent that it is referred to as the "mother of contracts." The reason for its widespread use lies in the ease of its conditions compared to other contracts, as well as the broad range of transactions it can facilitate. In Islamic banking, people's economic relationships are based on Islamic contracts such as "Ja'ala." Providing banking facilities while adhering to Islamic limits and regulations is obligatory and worthy of attention. This research aims to analyze and clarify the Ja'ala contract in the broader context of Islamic jurisprudence and legal perspectives, addressing existing differences. The nullity of a contract can lead to the dissolution of all its functions and conditions, posing serious challenges in agreements between parties. Through a descriptive-analytical study and using library information and legal examples, this research analyzes the problems that may lead to the dissolution of the Ja'ala contract and provides insights into the possibility of dissolving conditions during the Ja'ala contract. Key terms: Ja'ala, operational commitments in banking, usury, agency, Islamic banking.

Given the globalization of the crime of commodity smuggling, is not conceivable a strategy other than the organized control of this crime in the light of a coordinated and international criminal policy. 'Supervised transportation and delivery' of illicit cargoes is among the strategies outlined in international documents to facilitate the apprehension of all criminal groups involved in the commission of a crime at the transnational level, However, it will not be feasible without states coordination. Given the expansion of globalization of criminality within the framework of globalization of the economy, transnational crimes within the context of organized criminal groups has gradually led to the growing trend and quickly attracted everyone's attention due to their organized nature. Among the examples of transnational organized crimes, it is possible to point out the cleansing of the factors caused by the crime of commodity smuggling, which is one of the instances of the criminal law transformation in interaction with international documents related to a new interpretation of the principle of territorial jurisdiction of criminal law. These transformations represent a change in the perspective on the principle of territorial jurisdiction, influenced by the aforementioned documents, aiming for a more effective fight against the crime of smuggling and It acknowledges that the transportation of such illicit commodity, from the point of origin to the place of distribution and consumption, involves crossing various territories that has led to the establishment of new legal concepts in states known as 'supervised transportation and control,«which have been embraced in their laws and regulations for more effective combat against smuggling.

Garnishment and temporary order raised in the margins of the main action and the plaintiff's right to obtain the demand in the event of a ruling in his favor at the end of the proceedings, are protected from damages due to the defendant's inability to implement the court order or his subsequent actions. The existence of many similarities between these two institutions raises the question in the mind, what is the reason for introducing two institutions for financial seizure of the defendant's property in Iran's legal system? Studies show that just as these two entities have similarities, they also have distinctive features that clearly identify the place of implementation and the border between the two, including: in order to issue a temporary order against the garnishment, in all cases, it is necessary to obtain a security to compensate the possible damages of the defendant; Or that the fulfillment of the garnishment always refers to the financial confiscation of the defendant's property, while the temporary order does not exclusively refer to this case, and it can also refer to the performance of the action or the refusal to perform the action, and most importantly, the power to "enforcement court ruling" is the ultimate purpose of garnishment, while the power to "deal with the main lawsuit" is the meaning and purpose of the temporary order. This research with a descriptive-analytical method seeks to justify the action of the legislator in predicting two separate institutions by extracting the similarities and differences between these two institutions in order to guarantee the possibility of executing the decree issued in the future.