فصلنامه پژوهش حقوق کیفری
پیاپی 2 (زمستان 1391)

Spread of AIDS illness in recent years and impossibility of cure for it, causing the infection and transmission of this illness; can be a doer for commitment of crime. Crimes that commits as transmission of AIDS virus, are different as for them from taxes. If transmission of this virus, causes the death of a victim, the action of transformer may be a murder, quasi intentional murder or homicide by pure as for his intention.On the other hand, because the hurts and damages due transmission of HIV detects after duration the partly long period of time, it is advisable to criminalize the action of transmission of this deadly illness separately.

This paper wants to explain in detail the conception of hadith “Darolhad” and its very important consequences regarding the Islamic criminal policy as a primary and secondary rule. No doubt that cognition of a subject is very effective to understand it. In other words, certifying subjects that include the arbitration of mind about other subjects will be clarified after stating the meanings and explanations.This holy Hadith is textually imperative and since it is practically famous, it is possible to compensate the sending weakness by having the conception of hadith connected to the Islam criminal policy.

Defining the scope of criminal law and legitimated level of intervention through criminal law over the rights and freedom of citizens as the most serious kind of such intervention, is a complicated and difficult matter. The principle of criminal law as the last and the least resort as a basic principle of this knowledge, technique and instrument of social control, as emphasizes upon the destructive results of abuse of penal concepts, instruments and institutions, tries to determine the appropriate level of intervention through criminal law and provide the possibility of usage for other kinds of social control instruments and institutions. This article, as emphasizes upon the necessity of considering this principle in more details, will discuss the concepts, basics and implications of this principle for penal policy (criminalization and penalization).

There are two kinds of penal policies: justice oriented and the other security / enemy oriented penal policy. However the limitation ofindividual responsibilities and not interfering in their private life are fundamental, in some late decades could be said security orientated criminal law formed by more governmental interfere and also expansion of person responsibility albeit authority of security is their excuse but its cost is human rights elimination and feeling of security is not visible. It means this penal policy has not been successful considerably.

Security is one of human societal needs and the most important index of space quality. In our modern complex urban societies, different environmental factors result various disharmonies and crimes in an interactive influence process. On the other hand, occurrence of diverse societal abnormalities especially drug crimes is currently one of the important problems of our country and judicial authorities concerns. Thus, this research has tried to take a new step towards environmental prevention by focusing on the identification and geographic analysis of drug crimes in Kerman city. It has tried to specify the major hotspots of drug crimes in Kerman city using primary statistical methods and kernel density estimation by illustrating the importance of crime hotspots study. It is obvious that the results of this study can help environmental prevention activities and police performances against drug abuse and trafficking in Kerman and also we can prevent forming of these regions by understanding spatial, temporal and societal factors forming crime hotspots. The results indicate that drug-dealing crime center is approximately coincident with central part of the city with an inclination to both east and west. The congestion of residential usage in these parts of the city and lack of urban facilities such as cultural, sports, green lands and recreation and healthy leisure activities that provide prevention of entering teenagers and young adults into delinquency groups is one of the effective environmental reasons for the high drug-dealing crime.

Interactionism theory-as an inspiring pattern for thought of restriction of scope of intervention of criminal justice system and more tolerance towards offences- and Zero tolerance policy -as a manifestation of broken windows theory and an appearance of criminal system revival movement and greater severity (strictness) in reaction to criminal behaviors and deviances- are considered two contrary approachs in criminology and criminal policy.Description of foundations and concepts of this theory and policy and then analysis and reciprocal assessment of them in comparison with each other will reveal their positive and practical points and also their defects and absolutism in two above mentioned fields.In addition, this precise survey, will remind the capability and necessity of leading them to a more moderate strand and also proper profiting from this theory and policy in an integrated criminal policy. Ultimately, this study, will introduce restorative justice-in the shape of a combination of restorative processes and outcomes-as a fair and efficient measure to modify their intemperances and so to manage crimes in its optimal form.

Actions against individual liberty are crime in which an official violates individual's liberty while doing his job. Although Iranian and French legislators were pioneers in criminalizing such acts but a comparison of criminal laws of two mentioned above countries shows that French criminal law saves personal liberty more effectively than the Iranian one.