نشریه قضاوت
پیاپی 110 (تابستان 1401)

The theory of losing the opportunity that seeks to compensate for the resulting loss of opportunity has been raised for nearly half a century in the world legal community, but there is still a lack of unanimity in this area of justice, and there is no unanimity in judicial practice, In order to meet the requirements for claims that can not be compensated for the loss of opportunity. In today's world, the valuable opportunities for people who can benefit from future education, or the repatriation of harm in the future, are neglected and disregarded by the custom. This research seeks to find an appropriate solution to the general rules of jurisprudence, such as the rule of wasting and wastefulness and conspiracy based on the foundation of reason, and by placing these opportunities as valuable and tangible assets of individuals, doubts in proving the possibility of loss of opportunity Has set aside and made a positive step towards preparing the appropriate legal framework for accepting the opportunity as a compelling claim to formulate the applicable laws, to resolve the ambiguities and establish the grounds for the establishment of justice in this regard.

Witnesses and informants are considered assistants of the criminal justice system and play an important role in discovering the truth and obtaining results from the judicial authority. They should be able to express their statements clearly and honestly under the protection of the principle of fair proceedings and away from the threats and insults of the litigants. Threats and insults towards the assistants of the criminal justice system cause disruptions in the proceedings, on the basis that they cannot express their statements in a way that is worthy of discovering the truth and obtaining results, therefore, measures must be taken to ensure that witnesses and informants are ultimately independent and Declare the impartiality of what they know about the lawsuit in question to the judicial authority. This research aims to investigate the crime of insulting witnesses and informants in two legal systems of Iran and Germany with a descriptive-analytical method and using library resources. The findings of the research show that in both countries there is no independent crime under the title of insulting witnesses and informants, and to determine the guarantee of criminal execution against this category of actors of the criminal justice system, one should refer to the general regulations. Also, other regulations have been foreseen in the legal system of both countries, which include a preventive approach.

The institution of temporary order, which is also interpreted as urgent proceedings, is the institution that the petitioner requests from the court to prevent the violation of his rights in cases of urgency.The provisions of this order are stated in articles 310 to 325 of the Civil Procedure Law and it is possible to implement it in the lawsuits of commercial companies.Among the examples that can be mentioned in the field of lawsuits of commercial companies, the request to issue a temporary order to prevent the invitation of the ordinary general assembly of a joint-stock company, to prevent the issuance of shares in the capital increase of joint-stock companies, to prevent the issuance of shares of a private joint-stock company in Stock Exchange, preventing the issuance of share certificates or temporary share certificates in joint stock companies, preventing the issuance of share certificates or temporary certificates of anonymous shares in joint stock companies, preventing the arrangement of preferred shares in joint stock companies, preventing the publication of invitations Convening the second meeting of the ordinary general assembly in joint stock companies, preventing the distribution of annual special profits among the shareholders in joint stock companies, preventing the publication of announcements for inviting general meetings in joint stock companies, preventing the meeting of the board of directors in joint stock companies, They are aimed at preventing the capital increase of joint-stock companies, preventing the transfer of property and assets of the partners of the limited liability company, and preventing the distribution of benefits among the partners of the joint ventures.

In recent years, various theories have been proposed in the field of crime prevention in order to reduce the amount of crimes in societies, by the thinkers of this field. The pattern and nature of delinquency depends on the age. This type of prevention prevents the risk factors that encourage a child or teenager to commit delinquency and strengthens the factors that support their healthy life in order to avoid incompatibility, deviance and criminal acts. prevented by them The mentioned factors can be considered both as a risk factor and as a prevention factor and as a basis for the development of children and adolescents in the Law on the Protection of Children and Adolescents, because growth-oriented prevention is used in a way specific to these ages, it led us to Let's look for fields of this type of prevention, which in Articles 1, 3, 6, 16, 32 of this law, the legislator's attention to it is clearly evident, also with the approval of the "Protection of Children and Adolescents" law in Iran and the "Dealing with Juvenile Violations" law. In Afghanistan, there are signs of the acceptance of a differential criminal policy in dealing with crimes against children and adolescents in the criminal law of Iran and Afghanistan, which has been referred to in the law of dealing with children's offenses in Afghanistan, although it is limited.

The phenomenon of goods smuggling in our country is important as an economic and social challenge in addition to the negative economic effects. Today, this phenomenon, in addition to being a serious threat to free trade, imposes a lot of costs on the economic body of the country. Smuggling of goods on the one hand reduces the customs and tax revenues of the government and on the other hand it causes fruitless outflow of currency, massive flight of capital, increase in unemployment, decrease in domestic industrial production, etc. One of the most important examples of the underground economy is the phenomenon of smuggling of goods and currency, which disrupts the economic information system of the country. If the government commits smuggling, in addition to rejecting the property, and in the absence of the same property, rejecting its value, depending on the case, according to the conditions and facilities, frequency and degree of the crime, to pay a cash fine of up to five times the value of the smuggled property in riyals and whipping up to 74 Hit is punished, and in the case of prohibited goods and exclusive goods, in addition to the above punishment, he will be sentenced to imprisonment for up to two years. According to Article 39 of this law, "in the case of smuggling of items whose import or export is prohibited or belongs to the government, in addition to confiscating the property, the perpetrators will be sentenced to pay a fine equal to twice its value and to imprisonment from two months to two years." On the other hand,

Restorative justice is an emerging yet ancient and rooted pattern of criminal justice that has been renewed since the 1970s and 1980s. According to criminal law scholars, the reasons for the tendency towards restorative justice in recent decades are the inability of the criminal justice system in the two spectrums of retribution and its correction and training to control crime, that with the sudden and unfortunate rise in crime rates, fundamental questions have been raised about the extent of traditional criminal justice and governments' ability to control crime, and on the other hand, governmental officials have realized that crime control is beyond the reach of governments in two distinct ways. These dual aspects are: 1. The capacity of criminal government institutions is severely limited. 2. There are no inhibitory mechanisms that operate outside government boundaries and are somewhat independent of government policies. The dispute settlement council, as one of the dispute resolution bodies, has a more effective role in achieving restorative justice, thus, it can be said that this type of justice is not limited to criminal law, but also can be realized and invoked in private law and in disputes between individuals that have no criminal origin. The present study tries to determine the position of fair trial which is one of the most essential fundamental human principles in restorative justice by descriptive-analytical method, and also, the possibility of using the principles of restorative justice in other areas of law and fair trials in authorities such as the dispute settlement council is discussed.