نشریه دیدگاه های حقوق قضایی
پیاپی 61 (بهار 1392)

When the parties in a trial do not achieve the desired outcome، try with another lawsuit in the courts، both criminal and legal to achieve their desires. The effect of decisions made by the courts in subsequent proceedings is the main issue of rule «Res Judicata». The evaluation of effects of criminal and civil judgments on each other is a matter that judicial procedure has no same approach in facing it. This article reviews the rule in criminal and civil law and concludes that «res Judicata» has reciprocal effect in civil and penal proceedings.

Crime which forms the nature of criminal law is congregate of actus Reus and mens rea (in most crimes) and it is crucial that law consider the conduct criminal. In other words occurrence of criminal conduct with mens rea (except strict liability) and also occurrence of wanted result amounts to completed crime. But we are not always encountered with completed crime and sometimes conducts are committed which are not considered as a completed crime although these conduct were committed with criminal intent، target crime has not occurred. Though inchoate offences are so important due to stifling the crime and criminal policy in order to preventing the occurrence of crime or inflicting a direct harm it is not defined in Iranian criminal law and its framework and features are not determined. This article tries to define inchoate offences and consider criminalization bases and features and elements and types of inchoate offences. It''s crucial to mention that distinguishing inchoate offences from completed crime leads us to understand how criminal law can control persons conduct in other words we can find out when criminal law can be used in order to prevent unlawful conducts.

Liability of air carriers especially in respect of liability limits has been subject of various regulations in both domestic and international levels. Our country by ratifying 1929 Warsaw convention and subsequent protocols in 1976 has regulated liability limits of Iranian airlines in various milestones including 1980، 1982 and 1984 and finally passed the Act of Delimiting Liability of Iranian Airlines in 2012 to apply the last amendments thereto. The said Act includes some considerable rules and points which are analyzed in this article in respect of the cause of act، its scope، limits of liability and comparative & economic analysis. In the end، some solutions are proposed to for amendment of the existing Act.

Relationship between the UN Security Council، the institution of international criminal justice demonstrates a deep relationship between peace and justice. Therefore by ratification of statute of international criminal court، in different cases we can see the roles of UN Security Council in prosecute، trail and punishment those who commit the crimes within the jurisdiction of international criminal court. As the goal of the present paper these roles of UN Security Council have been clarified. They include: (1) referring the case from the Security Council according to paragraph (b) of Article 13 of the Statute and investigating it by the Court’s prosecutor، (2) during the process of investigation and prosecution of international crimes، Security Council can facilitate and guarantee the cooperation between states and prosecutor and also hinder the function of prosecutor to investigate and prosecute international criminals by suspending the initiation or continuation of investigation and prosecution based on the seventh chapter of the Charter، (3) role of Security Council in prosecuting crime of aggression. Influence of these roles on the implementation of international criminal justice is under discussion in this article.

The matter of designating respondent/s in a claim is one of the most significant problems in civil proceedings. The said subject is of great importance because presenting no definition of plaintiff in a claim or respective criteria thereof، Civil Procedure Code obligates plaintiff of a claim to exactly determine respondent/s of a claim and then، to insert their full names and particulars in petition form accordingly. Moreover، considering Civil Procedure Code، respondent of a claim is not a defendant i. e. the person/s against whom the plaintiff brings a claim. But، in most cases، in addition to the defendant، other parties must be addressed as respondents of a claim. Some of the same have been designated by Civil Procedure Code. In this study، we are willing to conduct a research on the criteria، associated with designating respondent/s of a claim in law and judicial precedent، presenting corresponding comments by law scholars in this regard. It is hoped that we would minimize respective problems with designating respondent and that the results، obtained from this research would be used by students، lawyers and judges accordingly.

Administrative Corruption is including the crimes and problems which all governments seek to fight against it. The administrative corruption subgroup crimes are among white-collar crimes with their particular complexities and the various methods of commission. The origins of such crimes often are the employee’s personal abuse of public resources and taking advantage of the dark and opaque aspects of administrative affairs. Reciprocally، the methods of its confrontation and prevention are of important issues that have always been focused by governments. Although the governments criminal policies have always been in order to fight administrative corruption، but the necessary tools for applying this policy have been limited. The emergence of information technology is a desirable possibility and opportunity to establish e-government، and thus the prevention of such crimes. This article، while discussing the concept and characteristics of corruption، explains the importance of application of information technology for transparency and facilitation of enforcement of related laws.

Paternalism، which has not accepted in the traditional contract law with regard to the persons of Legal capacity، nowadays، is recognized in the labour law and thereby، the government intervention in the labour contracts is prescript to prevent workers from harm to them. This conception is not protected in theory and practice of different theoretical traditions and legal systems as fully and widely as the harm to other، and it is very controversial. Accordingly، this article، firstly، examines the paternalism position in the thoughts of the individualist، communitarian and Islamic schools and then it considers the agreeing and disagreeing views about it with respect to weakness of the paternalism position in Liberalism and its capability in canon law of Islam. Finally، it proposes a framework and some principles prevailing the paternalistic intervention in the labour contracts to establish agreement between mutually discarding views، and thereby it offer the legislator a way by which they can organize the relation of two social groups of workers and employers.