پژوهشنامه حقوق کیفری
سال ششم شماره 1 (پیاپی 11، بهار و تابستان 1394)

Among all crime victims, children need more support because children who are building the future of world and human society are considered as the most vulnerable people in the society. That is why since very past time the reformers have been pioneers in supporting and protecting them. This support is maintained via a differential policy. A Differential policy appears in internal rules in the form of especial crime monitoring in law domain and children freedom or intensifying the penalties against them, because criminal law, as a reflector of principal values of a society, in addition to theeducational role in disapproval of some behaviors, can play a role of inhibitor and precautionary against some manners.The necessity of adoption of a differential approach in children rights, in compliance with support policies for them and in accordance with international standards on one hand, and their vulnerability against exploitation on the other, have made the internal legislators not only to act towards modifying the existing regulations but also to develop new ones. They also performed precautions to avoid sexual abuse of children.

Criminal immunity of Heads of States from the Jurisdiction of the courts, which was justified on the basis of the sovereignty and high status of the heads of states, was considered as an indisputablematter in previous centuries. Anyway, contemporary international law is witness of the formation of a customary rule which abolishes the functional immunities of the heads of states in the case of anyinternational crime which by itself strikes a balance between protecting the state’s ability to implement her task and protection of human rights. Despite the ambiguity in ICJ judgment in Yerodia Case on criminal immunity of heads of states which abolished the said immunity solely for international tribunals, this time in a conclusive judgment in his Judgment on July 2012, ICJ authorized the national courts to prosecute such cases by obliging the Senegalese to try the former Chadian president without delay, and accordingly revealed some new and important aspects with respect to the approval and development of this customary rule. On the other hand, it seems by means of an "adhoc court" for Hassan Habre's trial, prosecution and hearing of International crimes,regardless of status of the offender, has been approved by international community.

Non-criminal prevention is considered as one of the major approaches to criminal policy. The situational prevention has a significant impact on reducing crime due to the effect it has on thecriminogenic situation. Regarding legal context, the importance of such prevention is well-established in Convention and in Iran’s law. Techniques for protecting or strengthening a victim or a potential target, Making committing crime difficult through difficult access to potential targets and …, have assigned some articles in Mérida convention and Iranian legal text to themselves. However, the lack of specialized institution and a comprehensive law to prevent on Iran’s law is crystal clear and the need for these measures is shown more than ever before. But reaching this point, before taking any action, highlights the necessity of dissecting situational prevention of corruption and bribery in Iran's law and Merida Convention, which is reviewed in this article.

Vandidad is considered to be one of the last parts of new Avesta. Investigators have argued that this book is written in the time of Zoroaster (1200-1000 B.C). However, they have not agreed aboutthe precise date. About 1850 B.C in Mesopotamia, Hammurabi became the king of the Babylonian Empire. His orders, one of the oldest codes of the world, are presumed to be one of the onehundred great events which changed the world. Judaism is unique in that it considers religion as the basis of law and moral codes in the second millennium BC. This article compares criminal laws inHammurabi, Judaism and Vendidad codes from legal perspectives. Similarities, differences and adaptations of these three codes are indicated. Topics such as Medical ethics, asking for judgment of the unseen, repentance, exceptions of liability, environment, divorce, dowry, usury, slavery, punishment of animals have been examined through descriptive, comparative and analytical method. The findings of this study shows although the capital of Sasanian was Mesopotamia and thus their official codes (Vendidad) were supposed to correlate with codes of Hammurabi, unexpectedly, codes of Hammurabi are more similar to codes of Torah than those of Vendidad. Even some words of Torah were similar to those in Hammurabi.

In accordance with the Electronic Commerce Act, suppliers are obliged to respect the rules concerning advertising, the breach of which, constitutes a crime against advertising rules in electronic commerce. Articles 50-55 and article 70 of the Electronic Commerce Act constitute the basic legal elements of such crimes. The Actus reus of crimes against advertising include physicalconduct, such as deceptive advertising, endangering human health, non-providing sufficient data, false advertising or advertising with unknown identity, and unwilling advertising. The accused of thecrime is the advertiser and victim is consumer. Such crimes do not depend on special results. The fundamental element of the crime is a physical act within the framework of electronic commerce. From a mental perspective, the mens rea of Crimes against Advertising include intentional behaviors. Unintentional behaviors are not regarded as crimes Against Advertising. Since the penalty included in article 70 of the Electronic Commerce Act is regarded as a fifth degree punishment, the rule of leniency as established by the Islamic Criminal Act is not applicable in this context, as far as minor crimes are concerned.

One of the issues related to the exercise of the International Criminal Court's jurisdiction over the territorial aggression crime, is necessary to recognize, the act of aggression by the SecurityCouncil or the International Criminal Court. In negotiations on amendments to the Statute of the Court in Kampala, despite some differences in the conference, representatives of the member stateshave been able to reach agreement about the role of Security Council and the definition of territorial aggression crime in the form of resolution. Now the main concern of the international community is that, if the resolution is implemented according to the atmosphere governing the Security Council decisions, interventions and restrictions such as political concentrations affect the fair trial and shows expediency and policy prevails over international justice. To achieve this aim, it should be specified that in the event of Security Council deadlock, what different ways in the Charter of the United Nations and the Statute of the International Criminal Court in Kampala agreement is expected. The article referred to the different aspects of this issue.

The minimum age of criminal responsibility (MACR) has historically been a critical matter in Islamic penal codes of Iran. In one hand, considering sexual puberty as a criterion for the MACRin Islamic penal code of 1991, had led to much criticism inside and outside the country. On the other hand, lack of distinction between minimum age of criminal responsibility and penal majority had caused juveniles to enter into full responsibility for crimes committed, immediately after they reached sexual puberty. Iranian penal code of 2013 has tried to solve these problems. Distinguishing between MACR and penal majority and widening the judicial discretion for avoiding the Hudood and Qisas in relation to people under the age of 18 are some of the mechanisms provided in this code to improve the rules of MACR. This article explains the rules of Islamic Penal Code of 2013 in this respect and analyzes them with a comparative approach.

The topic of “foreigners” as a major minority who comprise a significant range of population under various names as immigrants, refugees, tourists, and other political agents has been partiallyresearched in criminology studies. However, their victimization so as to cover all its instances has not been investigated. The foreigners are worthy of special attention due to "factors and conditionssusceptible to social injuries" so that their victimization and victimmaking factors are studied. Moreover, in addition to "factors and conditions susceptible to social injuries", "factors susceptible toindividual injuries" are also noteworthy. "Foreigner women", "foreigner babies", "the foreigner elderly” and "the foreigner disabled" minding them as "double-damage affected groups" are the groups who are more susceptible to victimization due to encompassing the both types of above-stated injuries.

Based on the foundations and reflections of the principle of the necessity in criminalization, the necessity of drug criminalization and the capability of this behavior to be controlled by criminal lawand the ability of criminal tools in controlling such action is questionable. Based on the principle "Ta’zir for all Haram action", some believe that criminal intervention in drug is justified, but any prohibited act, not subject to punishment and secondly, all Ta’zir reaction, is not necessarily criminal, and it included the collection of non-legal means and non-criminal tools, we cannot and should not criminalize any prohibited act. The using of criminal tools in Islamcriminal law, is justified when the criminalization of the act is necessary and the punishment can be effective in reducing and limiting the offenses in this regard. Based on this, the criminalization of addiction and drug, is inconsistent with the foundation of criminal tools and its capabilities and limitations of this approach in Islamic criminal law.