فصلنامه پژوهش حقوق کیفری
پیاپی 1 (پاییز 1391)

The oldest topics in international law are the deportation and extradition. After raised the new issues of human rights in the field of international law and to transform human statusininternational relations inpractice the issue ofdeportationand extradition are sometimes in conflict with European human rights concepteuropean court ofhuman rightsasalegal element of the europeanconvention onhuman rightsinitspractice tojudge the votesabout thesome oftheseconflicts. Based on, thepresent article influence of human rightsstatedin theEuropean conventionof human rightson theissue ofdeportationandextradition in the practice of the statesparties tothe convention has been studied according to theEuropean court ofhuman rightsvotes.

Some of judicial authorities and courts of justice in big cities are struggling with the phenomenon of brokerage and intermediary at the present time. It is the subject of the present study. In this article, the author suggests the synergic model of supply- demand for corrupt judicial services, to explain this phenomenon theoretically. First, the literature on judicial corruption is analyzed, and the policies and strategies used by different countries to control and prevent the emergence of judicial corruption are introduced. Then, the nature of brokerage and intermediary in judicial authorities is discussed. Next, different aspects of the problem of lobbying are reviewed using the Penal Code on lobbying against law and legal regulations and the same. Finally, after explaining different forms of related violations and crimes, the necessity to codify a comprehensive code on preventing and confronting this phenomenon is emphasized.

Nowadays, various subjects of international law, including criminalization of use of nuclear weapons, can be studied from two different aspects. In the classic paradigm of international law based on Westphalian order and sovereignty–oriented approach and in light of international court of justice(ICJ) findings, mere employment of nuclear weapons is not forbidden and nor is considered as an international crime. However it can be claimed that new paradigm is coming up in international law. In This new paradigm based on human values, sovereignty can’t prevent emergence of a rule on benefit of human rights crucially. Although survey of some subjects from this aspect could lead to unacceptable result in comparison with the last paradigm, it is the fact that everyone has to believe it late or soon. Use of nuclear weapons in context of this emerging and nonestablished international law is violation of international Jus Cogens and public order and contains three forming elements of international crimes. Then, in contrast to the classic paradigm of international law, use of nuclear weapons can be considered as an international crime in the new emerging paradigm.

At the international level, like national level, there are certain criminal behaviours which may pervert the right course of justice. Many ad hoc international courts have, in the course of their activities, faced the problem of how to deal with these offences. They usually tried to justify their jurisdiction in triying these offences on the basis of the inherent jurisdiction they have in trying the core crimes, an approach which has been criticized by many lawyers. Based on such an experience, Articles 70 and 71 of the Statute of Intenational Criminal Court have been allocated to offences against the administration of justice, which will be discussed in this article. In the first part, a brief history of the subject is given. The seconf part is allocated to the study of the process leading to the aadoption of Articles 70 and 71 and to the segestions given by states in this respect. In the final sections, offences against the administarion of criminal justice, their trying and the corporation of the member states with the I.C.C in this regard has been discussed.

There are times when some of the heir qualities cause them to be debarred from coming into their inheritance which are called inheritance barriers. In spite of contradictions among the jurists of Islamic faiths on the number of inheritance barriers, they all universally agree upon homicide as one. However, they have discords on the type of homicide and peculiar conditions. The aim here is to precisely identify the inheritance barriers and relative reasoning in this regard as well as surveying homicide as the only accepted barrier of inheritance among Islamic faiths. The major consequences of this research, then, are precise identification of inheritance barriers as well as identify features of homicide as the barriers of inheritance in addition to coming into this conclusion that a premeditated murder is not always considered a barrier.

Studying the discussions of political philosophy, the law and analysis of criminal laws all show that the criminalization can happen generally depending on the principle of harm and three views of patriarchy, morality, and perfectionism. In perfectionism it is believe that for moral promotion and the development of spiritual perfection of man, using punishment is necessary. Since, today, humanitarian dignity is accepted as a religious and human value, using punishment for promotion of moral personality is inconsistent with humanitarian dignity. Therefore, humanitarian dignity can be considered as the prevention of developing criminalization.

Crime of "trying to corruptly influence a judge, judges, a court or a government official to one side or the other" was passed by Iranian legislature in 1315 solar. Although the crime is comparable with crimes such as bribery and fraud; has got its own particular elements as well as specific conditions and is defined as a specific crime. The crime is divided into two categories: Active influence and passive manipulation. Active influence, with respect to perpetrator of crime, is divided into two categories: The perpetrator could be an ordinary person or could be a lawyer. Active influence committed by an ordinary person is conceivable in two modes: General influence and specific influence which are regulated in Articles 1 and 2 of the said legislation.

Imprisonment fundamentally borninthe sphere of National criminal law. In other word, for many years imprisonment has been viewed and dictated on the base of crime doings inside the borders of the Nation- States. Imprisonment has been an excommunicating punishment that its efficiency harshly criticized in many criminal law systems as a “school of repeating the crime”. But today malfunctions ofthis punishment has been reduced in many ways in the developed countries by performing reformations in management of prisons, but acceptance of the efficiency of such punishment regarding the International crimes has been doubtful. Such a phenomenon can be analyzed both with the punitive approach andutilitarian approach in penology. But first of all, the main thing about efficacy of such punishment in the sphere of International crimes is suggesting and adopting a suitable degree of the punishment regarding the character of International criminals. However, the success of such an important task depends on organization and establishment of an independent institution for administrating the affairs of an International prison. An independent institution with special task of International kind of punishment must be created and its strong structure must perform intimidating,corrective andtreatmentativetasks appropriately. Only in this way we can hope the great International criminals receive anappropriate punishment and also potential criminals and guilty be prevented from doing crime.