پژوهشنامه حقوق کیفری
سال پنجم شماره 2 (پیاپی 10، پاییز و زمستان 1393)

The Legislation of Iran, in act of fighting with narcotics, amendment of 89, always with determination of heavy and unsafe punishments, particularly with execution and prison of life, selected the criminal policy for suppress and punishment. But this criminal policy, did not notice judicial criminal policy. The governing criminal policy in the drug offences, base in the policies of state, But in section of non-criminal policy is supervising with preventation and treatment, the role of departments and organization is important. Partial crime wiping of addiction, participating of unstate organizations in treating of addiction and leaving of addiction, crimeremove of industrial mental materials and reducing of condemnation of total properties of offender due to properties of crime, the cooperation with other countries in pursing and monitoring of drug offenses, creating of sanction of Revoking of passport for commiters and increasing of punishment of the main agents of drug offenses, effected from act of fighting with drug materials and convention of united nations. In judicial system of Iran, for different evidences, particularly undue using of the institutions of pardon and reducing of punishment, reluctance of judges to enforce of intense punishments, unspeed of criminal proceedings, principles of certainty of punishments have been wavered.

Self-defense is the human's natural right, which the one has right to defense himself from overstepping to his life, and other his interests. Self-defense is existence when an unlawful attack is begun or is imminent and defensive action must have been necessary and proportionate to attack. But sometimes, a person exceeds the limits of defense. For example he exceeds the condition of necessary or proportionate. Excessive self-defense is considering in this matter, when the individual wants to defend but, he doesnt observe the conditions of defense. This paper with reviewing Islamic penal code (1392), judgments of national high court and juridical views, tries to consider this subject.

Being in the minority as one of the vulnerable groups, minorities need legal support. In a pluralistic society, minorities having special characteristics and cultural differences are recognized as a vulnerable group in need of protection and legal guarantees. The principle of equality before the law cloud is both the formal (Prohibits discrimination in the enjoyment of rights for having minorities characteristics) and substantial (Equal protection of the special rights of minority groups and cultural differences). We explain the substantive criminal law from the perspective of the present study and analyzed approach to discrimination or the protection of religious minorities in this section of legal system.

Conviction of judge is the most important evidence in criminal cases that is obtained with the exploration and research in the cases referred to the judge. This evidence of the last ever driven has created many legal issues and field questions. With approval of Islamic criminal Act 1392 and the articles of this act that particularly is discussed to evidence in criminal cases and Conviction of judge, to answer the basic questions of who was raised in this area, has been provided. Examination of 1392 law reveals that Conviction of judge to be placed on the top of other evidence and to be takes Standard of proof in criminal case. This subject has precedence in hodud but is innovation in tazir. As the legislator in these crimes, possibility of the judgment upon the legal evidences provided that the judge has not Conviction of against.

Criminal investigation authorities are in sensitive positions, and this doubles the importance of the process of criminal procedure. The process for obtaining the truth requires the confrontation of the adverse parties. This can guarantee the impartiality, without which real justice is not possible. This requires the presence of adverse parties in the criminal trial process so that both sides have the authority to respond. Modern criminal law condemns the adoption and enforcement of criminal execution of judgment in the absence of the defendant. Only in rare cases and with certain conditions is the enforcement of judgment prescribed. Despite the challenges facing this principle, the effects and their resulting consequences shall be in the direction of the interests of adverse parties. Although it may lead to limited negative consequences, some coping strategy should deal with them. Fair trial can be achieved by regarding this principle. However, some exceptions have been imposed to the principle in cases of special interests. In this paper, substantial aim clarifies the importance prediction and enforcement of the principle of adverse parties presence in the criminal trial in the international documents and national law.

The Islamic penal code, approved 2013, has recognized the legislature, as the only competent authority, to specify discretionary punishment and integrate the preventive punishments with discretionary punishments. This has been an effective step in the evolution of the country’s criminal system in the field of the crimes punishable by discretionary punishment which makes an important part in crimes list. However, classifying the discretionary punishments into two categories of the punishments expressly stated in the Quran and Hadith and the punishments not stated in them, and attributing numerous legal effects to such classification will be problematic if no specific criterion is provided to discern them. In this paper, we have tried to draw a criterion to discriminate these two categories of the punishments, and based on studying the jurisprudence fundamentals, to clarify the legal problems applicable to this issue.

Article one of the aggravating punishments of bribery, embezzlement and fraud's perpetrators act, enacted in 1989 stating the circumstances of fraud by not mentioning of fraudulently obtaining services resulted to a disputation between lawyers. Unfortunately, a judicial precedent has not yet developed and identified to resolve this problem. Of course, by considering services as a kind of property (as we concluded in this Article) Article one involves fraudulently obtaining of services beyond any doubt. On the other hand, Article 741 of the Islamic Penal Code, enacted in 2010, has expressly considered obtaining services by deception as fraud, but since the Article has limited to computer crimes, due to the rule of law principle, it cannot be extended to other crimes on the grounds of unity of criteria. A differential legislation policy with respect to computer crimes and other ones is not justified and the Article one needs to be amended. This problem has been resolved in England many years ago. At first the obtaining services by deception has been criminalized as an especial crime, and then as a case of general title of fraud and it`s Conditions, elements and punishment precisely stated by law and Judicial procedure. In Germany and France criminal law, as opposed to Egypt and Syria ones, obtaining services by deception has been criminalized, by this name(in Germany), or under general title of fraud,(in France).

The explanation and categorization of white –collar crimes have been analyzed in an interdisciplinary manner by criminologists, lawyers, sociologists, management, etc. According to body metaphor, white-collar crimes are called phosphorus crimes. These crimes are often done by high and middle class people who are working in administrative and organizational departments. Considering damages resulting from middle-class crimes, such crimes have been reported forty times more than those of street crimes, few attempts have been made for their discovery and investigation. The purpose of the current paper was to investigate criminological approaches and typology of white –collar crimes. While using a documentation method, the present paper analyzed and explained the typology of white-collar crimes through positivism, constructionism and meta-theoretical approaches. Meanwhile, it investigated the relationship between these sorts of crimes and other social crimes.

(Received: 2014/1/22 - Accepted: 2015/1/5) Using the chemical weapon has been recognized as an atrocious crime by customary international law for a long time. Regardless of diplomatic and military responses to the international crimes, nowadays, criminals can be prosecuted by the international criminal court. However, because there is no explicit statement in the statute of this court (Art.8) in relation to the criminalization of the chemical weapon usage, there is some vagueness in the jurisdiction of the court in this respect. Some international scholars believe that based on (I) strict interpretation, and (II) deletion of this weapon from the draft of the ICC statute, the court has no jurisdiction over chemical weapon. However, scrutinizing the problem, this paper combines special forms of interpretations in criminal law such as strict interference and, some kinds of interpretations in international law which mentioned in the Vienna convention on law of treaties 1969. Finally, it concludes that by recourse to teleological and literal interpretations, the court has the jurisdiction to prosecute this crime.