Criminal Law
mohsen Rahimi; majid shayeghanfard; Abbas Sheikholeslami,
Abstract
Freedom of belief and religion is one of the fundamental rights and basic principles in legal-political systems. The recognition of the right to be a religious minority and to be free to change religion One of the rights known as freedom of belief, which is one of the civil and political human rights.In ...
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Freedom of belief and religion is one of the fundamental rights and basic principles in legal-political systems. The recognition of the right to be a religious minority and to be free to change religion One of the rights known as freedom of belief, which is one of the civil and political human rights.In this article, with a descriptive-analytical approach and with a library and documentation method, we are looking to analyze the relationship between Iran's criminal laws and the citizens' right to freedom of belief and religion. For this purpose, looking at the international documents and the constitution of Iran, approaches supporting and violating the freedom of belief have been reviewed in the criminal laws of Iran.The findings of this study show that the legislator in the constitution has an overall conception of the right to freedom of belief and religion. In criminal laws, there are also cases of violating the rights of religious minority groups and using unfair discrimination against them.In the Islamic Penal Code, there are articles to protect citizens who have a religion different from the majority and prohibition of discrimination based on belief but these guarantees are not sufficient and comprehensive and do not include all minorities and There are no rights for minorities that are not mentioned in the constitution.
Criminal Law
Doraid Mousavi Mojab
Abstract
Good faith, as a general legal principle, enjoys a privileged and special position in all branches of law. This basic principle is explicitly or implicitly mentioned in many countries’ statutes today. Of course, in criminal law, unlike other areas of law, especially private law, good faith is a ...
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Good faith, as a general legal principle, enjoys a privileged and special position in all branches of law. This basic principle is explicitly or implicitly mentioned in many countries’ statutes today. Of course, in criminal law, unlike other areas of law, especially private law, good faith is a less recognized concept and in practice neglected by many writers and researchers. In the literature of Iranian criminal law and in comparison, with Western and Arab countries, the principle of good faith is not properly explained. Although the legislature has implicitly noted goodwill in some areas, including legal excuses, mitigating circumstances, and justifiable causes of committed acts, he does not explicitly refer to this concept; In addition, the criteria for identifying good faith and the criteria for recognizing it have not been clarified. According to the legal doctrine, some judicial officials pay attention to the perpetrator’s good faith while writing the verdict and are in the position of justifying the reason for modifying or changing the title of the accusation and also changing the type and amount of criminal response. In the general theory of crime, good faith finds meaning around the perpetrator's intent and reveals its effect specifically in relation to criminal guilt; in such a way that by proving the absence of malice, the person’s good faith in the status of execution or exercise of the right is defended. The research method in this article is descriptive-analytical and at the same time comparative and library tools have been used to collect subjects.
Seyed Hamid Shacheragh
Abstract
Advent of industrial revolution in 19th century aside from economic evolutions of developed societies led to change or modification of institutions and concepts of criminal law. Negative response to this question whether in new crimes arising from mechanical and industrial life, should we emphasize on ...
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Advent of industrial revolution in 19th century aside from economic evolutions of developed societies led to change or modification of institutions and concepts of criminal law. Negative response to this question whether in new crimes arising from mechanical and industrial life, should we emphasize on Mens Rea or not , were one of those fundamental changes. Crimination of acts without qualification of Mens Rea whether intentionally or negligently and automatic qualification of Mens Rea without prosecutor duty to prove mental element of crime, was conclusion of discussions. Like civil liability, proving damages, commission of harmful act by accused and establishing causality between these elements sufficed trial and punishment of perpetrator. These crimes called” Strict Liability crimes” or “crimes based on criminal strict liability”. Final result of this paper is that this approach with little scientific support has not been defined by legislator in Iran law.
Abdollah Khodabakhshi
Abstract
When contract entering into criminal law, both rules are skeptical. To say that they are not linked and unable to live together. criminal lawyer objected that civil analysis should not be enter the field criminal and civil lawyer believes that the contract is the basic relation, and when not supporting ...
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When contract entering into criminal law, both rules are skeptical. To say that they are not linked and unable to live together. criminal lawyer objected that civil analysis should not be enter the field criminal and civil lawyer believes that the contract is the basic relation, and when not supporting the right and obligation, criminal law also will not interfere. To eliminate this dispute, it will be accepted the arbitrator and accept his award. This arbitrator is the “principle of criminal law independence” and his attraction and repulsion. the principle that on the one hand, prohibits excessive development of criminal law and on the other hand, to invoke the presumption of innocence irregulary. Perhaps, it will be say that the rules of contract will not follow in criminal law, even as the principle and only should be interpreted with regard to the objectives, features and special foundations of criminal law. This paper shows some results about relation between contract and criminal law.
