فصلنامه پژوهش حقوق کیفری
پیاپی 5 (زمستان 1392)

According to a seemingly well-known opinion between Shi’ite jurists, ifsomeone commits a prescribed crime (hadd) four times, he would beconvicted to the death penalty if the punishments for the three previouscrimes have been carried out. This article critically re-reads the evidencesand arguments supporting this opinion. Due to the weakness of somenarrations in the field, serious conflict between them and the possibility ofhistorical interpretation of them, the author comes to the conclusion thatimplementing the death penalty for repeating prescribed crimes (hudud) isnot a mandatory prescribed punishment.Alternatively, the article suggests providing a preventive punishment insteadof the death penalty particularly when the offender is repentant and/or thesociety can be protected from the evil and harm of the offender by otherways. The idea is consistent with the foundations of Islamic law particularlywith the principle of precaution (ihtiyat) in human life which has beeninsisted in the Holy Legislator’s teachings in various ways.

One of the significant matters in realm of relationship between morality and criminal policy is the discussion which revolves around the morality of punishment application. In criminal policy as well as the public policy, we observe the practices and approaches in which any purposes justify the resorting to penal instruments; we can call them penal instrumentalism. In this essay we are seeking for conceptualization and representation some indicators for recognizing it between a set of measures of criminal policy. For this purpose, after making a clear boundary between this concept with other similar concepts such as populism, consequentialism, utilitarianism, and pragmatism, we have divided the indicators of an instrument-based criminal policy into objective and subjective categories. The first, is involved in resorting to criminal matters as the most accessible instruments, ignorance of the evident legal principles, and the evident moral principles. The latter, is involved in intending to achieve a goal, interests or a practical good, and finally resorting to a quick and easy resolution or relief.

One of the fundamental features of law is having of sanction. If law abiding see themselves freedom and without punishment in performance or rules of law, how one can accomplish aim of law that is regulation of personal relationships and establishment of discipline in society. so whenever rights of people be molested, reaction against violator should be provided and ensured. Procedural rules and principles as partial of rules of law with their special sanctions also have been protected by legislator and judicial precedent. Some of these sections has personal aspect and includes wide range of administrative – disciplinary or criminal and civil measures. This category of sanctions unlike guarantees related to procedural process can be made against officials and authorities involved in criminal procedural process that with their performance cause procedural fundamental principles are violated.

In the Islamic criminal code essentials’ section (2013); we are observing the fundamental changes and innovations relating to the formercode. The objective of the legislator in increasing the essentials’ section is that it defends the society against the criminal phenomenon in different discussions of criminal laws and rights, especially, the regulations dominant on punishments by adopting reformist approaches by respecting the interests of the criminal. The institution of deferment of the sentence is a modern formation that has been extracted and adopted from French law and has no background in law texts of our country. The mentioned institution that is used only in connection with the non-dangerous criminals (especially children), has been regulated and adjusted to prevent the criminal labelingof such criminal group, and assisting to reform them.

Children and juvenile sex tourism has nowadays become one of the most profitable transnational organized criminal practices, which as a new type of child and juvenile victimization in the world, became a manifestation of modern slavery of children and minors. This practice involves the abuse and prostitution of children and minors, their forced employment in brothels and their sexual exploitation, as well as and providing venues sexual engagement and pleasure of travelers coming mainly from the industrial and developed countries. Due to the lack of children's capacity to consent, child sex tourism is considered an acute and inhumane phenomenon against which a global consensus and firm determination has been formed. This paper is an effort to draw attention to the status of sex tourism, and, in this context, describe the victimization of children and juveniles as a modern type of sexual exploitation and overview Iran's legislative criminal policy measures, along with its strengths and weaknesses.

What is known today as economic crime involves harm and severe damage to the economic system of each country and the international economic system in the cycle of production, distribution, transportation, consumption and money.So,In the last decade, international organizations like the United Nation and the Union of Europe,have predicted differential criminal policy in light of though penal approach. Different Legal systemsin light of international conventions like United Nations convention against corruption (MERIDA)walk toward such a convergence in the prevention and combat against Economic crime because some kinds of these crimes as money laundering and Environmental Crimes have been known as global offences. This approach in the criminological and in the later criminal aspects is evident In the discourse of judicial, executive and legislative agencies in Iran, particularly in the health ¬ bureaucracy and anticorruption due to a focus on situational – technical prevention and Penal Code due to the removal of these crimes from the postponement, suspension. This Resaearch intend to survey the basic coordinates and definition of economic crimes and Analysis the Preventional strategies in this sphere.

The concurrence of offenses is aspecific situation in whicha person commits some crimes and then he would be arrested tobeprosecuted and punished for all of that crimes. There are twopoints inthis definition: Firstly, the concurrence of offenses arises whenthe defendant has committedmore than one offense. Secondly, the claim of concurrence of offenses would be accurate when, in the date of trial, the defendant has not been previously convicted nor punished for none of that offenses. In new Islamic Penal Code, as the former penal Codes, the iranian legislator has considered to the concurrence of offenses as one of the affecting factors in determining the penalty. In this paper, we intend to study simultaneously the theoretical basis of influencing of this element in determining the penalty on the one hand, and its effects through new Islamic Penal Code on the other.The aim of this study is to show that the concurrences of offenses is not one of the amplifying elementsof the sentencebut one of its effects would be amplifing the penalty.