Criminal Law
MohammadAli Kazemnazari; firooz mahmoodi
Abstract
Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation ...
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Criminal law and criminalization is the arena of confrontation between government authority and the rights and freedoms of citizens; various theories, assuming the legitimacy of the government's authority, as an accepted institution for establishing, implementing and dealing with the implementation of the law, defining the crime, determining the punishment and applying it, as well as the implementation of the criminal justice system, have been examined by the thinkers of this field in explaining and justifying criminalization and punishment. Paying attention to the emergence of problems that this attitude creates on the issue of criminalization and sentencing, as well as examining philosophical and criminological reflections outside the circle of accepting the existence of the state, considering the basic rights of citizens, it is necessary that with a view based on aversion to authority, with an anarchist approach and based on the negation of the concept of the state. In this way, in addition to what we find out, from this point of view, criminalization will not be possible, but it is necessary to take help from the school of restorative justice, which seems to lead nowhere in the space of government authority, but in the space of escaping from authority, it can open the way and be effective.
Adel Sarikhani; Iman Mohtaram Qalaati
Abstract
Judicial Enforcement Officials dealing with the right to privacy is one of the most important legal issues that will be discussed in relation to the scope and responsibilities of police. While maintaining security and public order, the delimitation of powers and duties of judicial Enforcement Officials, ...
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Judicial Enforcement Officials dealing with the right to privacy is one of the most important legal issues that will be discussed in relation to the scope and responsibilities of police. While maintaining security and public order, the delimitation of powers and duties of judicial Enforcement Officials, should be such that the rights of individuals, especially the right to privacy, has not been harmed as much as possible. This research, through a descriptive ـ analytical approach on written documents, examines the scope and nature of the tasks and activities of law Enforcement Officials in dealing with the citizens’ privacy of car. In this article the regulations governing the citizens’ Privacy of car which may be violated by law enforcement officials were interviewed. It can be said, in an overall assessment, the existing laws in this area follow the policy of differential limitations in visible and non-visible crimes. Analysis of Laws and regulations related to this area indicates that although diferent aspects of citizens’ Privacy of car have been sufficiently protected by law, the lack of prediction on the actions of the police in emergency situations, cause arbitrary decision making that, in some cases, leading to violation of citizens' right to privacy of car. Using the logical measures, the findings of this research also indicates two fundamental objectives of securing and maintaining the rights of citizens can be achieved.
