پژوهشنامه حقوق کیفری
پیاپی 2 (زمستان 1389)

While it is true that the criminal business law has taken several preventive principles such as transparency, respect of confidentiality, etc. against infringements, it should, however, be noted that principles of this category are often considered as moral precepts. Hence, there is the necessity of business ethics in the economic and business criminal law.Business ethics is defined as a set of conduct rules and values that are considered essential in business relationships and are arranged essentially around the trio of “good faith”, “loyalty” and “confidence”. The idea of necessity of business ethics is old and has long been organized independently without the help of criminal law or, at least, with limited assistance of the latter. Although the emergence of ethics in the business world is still a point of debate for some scholars, it has now become obvious. The presence of morality in economic relations not only remains in the declaration of suspicion acts, but is also detectable at a higher level, particularly useful for encouraging the economic criminals to repent and - in some conditions - be released for the sanctions.This morality in commercial relations has several functions: prevention of crime, detection or punishment.Therefore, in this study, we will try to highlight and describe in detail the main functions of business ethics as a first step, then as a second step, we would focus on an empirical approach applied to business ethics in a powerful French corporation like Thales.

State immunity is an obstacle to exercising jurisdiction by the courts of other states and to be extended to state officials in order to effective application of their functions. By contrast, many of international crimes are committed by state officials; throw abusing the state authorities and powers.In this article I will response to this question: “Do state officials ever enjoy immunity and could not be tried when commit international crimes”. From distinguishing between functional immunity and personal immunity and reviewing precedents of some national and international courts I conclude that in many cases the immunity is not an obstacle to bringing international criminals to justice.

Moral values and social norms which are supported by retributive system do not have the same status. As a result, the related retributions are varied and different.Considering the origin and status of law, the retributions in Islamic criminal policy have particular characteristic. One of these characteristics is the variety in punishments for some committed crimes.This variety is more noticeable in homicide. In other words, the sentence could be talion, atonement and chastisement. In addition, forgiving the criminal by the arranger of blood is considered as an important option.Thus, this study investigates the philosophy of the variety in guaranty of law enforcement in homicide.It also considers whether these sentences are realistic, equitable and beneficial.

Serial murder is one category of multiple killings in which more than one victim is killed. A scientific study on this phenomenon is in its early stages and does not exceed three decades. This paper first investigates serial killings that have been discussed motivation and behavior classification based on the crime scene has been committed.The models presented in the analysis of serial killers have been introduced and the analysis of three models: Hickeys trauma - Control model and Resslers motivational model, and Arrigo & Purcells Integrated model; Also select Hickeys model as the most complete, the result was still the lack of comprehensive theoretical framework that all the factors to explain this phenomenon occurring deficiencies of studies have been conducted.

Though formalities have much applicability in Feghh (Islamic Law) and statute laws, their relevant rules are unpredicted; thus, they could become problematic because in many instances, reaching a solution for a minor case from the original case is not possible and more general rules are needed for the relevant judgment to be made. Now, the question is that whether by studying the applicability of formalities in Feghh and law it would be possible to obtain more general rules in a way that they could cover the existing dispersed applicability or not.

Subject of this paper is studying of concept of electronic commercial contract and its relation to international contract. In regional and international conventions rules are listed in this regard.After studying it in this paper, we survey the French and Iranian perspectives. Finally, with all these ideas, we describe the perspective that is more logical.

Jurisdiction of any state court for adjudication is based on rules that were determined by legislative and judiciary authorities of that state. So far, traditional and historical grounds of these rules and direct connection between adjudication and sovereignty have barred for foundation of universal and international convention. Nevertheless necessity of respect to party autonomy and obligations of international trade have made possible more convergence among states about jurisdiction clause or submission.But needfulness of fairness for protection of weaker party in contract's existence of formal and substantial requirements for validity of jurisdiction clause and some impediments for exercise of jurisdiction such as lis pendens and forum non conveniens were caused undesirable absolute and no conditional acceptation of dispute parties agreement.