List of Criminal Law and Criminology subject articles

Open Access Article

1 - Critical Study of Gradual criminal liability of juveniles in discretionary offenses (review of the French legal system
mohammad saeeid shafiei

In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded More

In the field of criminal law, the process of transfer from lack of full criminal liability to full criminal liability requires determining the stages that is considered gradual criminal liability. In articles 88 and 89 the Islamic Penal Code, 1392 legislator has graded Non-criminal and criminal measures based on the criterion of age in discretionary offenses of juveniles and has focused on judicial measures on socialization of these people because of refusing to apply repressive criminal responses. Despite of removing gender separation and possibility of apply appropriate responses; there are some ambiguities in acceptance of gradual system in discretionary offenses. not providing to extension of protective and supervisory measures to people under 9 years according to the first section of the article 88 the Islamic Penal Code about criminal liability and restrictions on the use of restorative responses in juvenile procedure, authority of the judge in determining freedom with care method, not being comprehensive measures referred to in article 89 in terms of the impossibility of extension measures under article 88 to not severe offenses of age group 15 to 18 years cause are restrictions that cause not providing to achieve absolutely to differential approach in the field of legislative criminal policy related to juvenile delinquents. This article emphasizes using a descriptive- analytic method and studying of France legal system and former substantive criminal law necessity of taking non-criminal measures on persons under the minimum age of criminal liability, expansion of restorative response, The necessity of using of freedom with care method while giving children to family like September 9, 2002 Act of France and provides efficient legislative criminal policy with critical review each of these ambiguities Manuscript profile

Open Access Article

2 - Cessation of liability in court
Ahmad مهدوی نسب mohammad reza seyahpoor mysam nemat alahi mojtaba farahmand

:Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. More

:Abstract Tasbib is one example of the involvement of individuals in committing a crime. Accordingly, the perpetrator of a crime in the ordinary course of life who has a well-to-do list and is aware of his existence, must be answerable for his criminal conduct. Unless the offender, for some reason, can withstand the burden of liability, in other words, his affiliation is distorted, which may be due to a lack of perception or lack of authority. Under these circumstances, you can not commit a crime to the offender. In the course of criminal proceedings, various defenses from the defendant are possible, which are based on the factors responsible for solving such liability. Factors for solving the criminal responsibility to the individual and subjective circumstances in the perpetrator are said that despite the occurrence of the crime, they will eliminate the criminal liability of the subject. The purpose of this research is to investigate whether the factors for removing criminal responsibility in recruiting from the general factors of responsibility for responsibility are different or are expressed in terms of allegory. Findings of the research show that the factors for solving the responsibility for the accrual are, in most cases, an indication of the general criteria for the removal of criminal responsibility and are not distinguished. Manuscript profile

Open Access Article

3 - Iran's criminal policy in criminal security agreements in the Criminal Procedure Code of 1392
roya ghasemi

Judicial authorities of the prosecutor's office play an important role in the formation and formation of criminal cases, and failure to comply with the requirements of a fair trial at various stages of the criminal process, especially the preliminary investigation stage More

Judicial authorities of the prosecutor's office play an important role in the formation and formation of criminal cases, and failure to comply with the requirements of a fair trial at various stages of the criminal process, especially the preliminary investigation stage, can lead the trial to an unfair decision. Accordingly, the old position of the prosecutor's office has changed from two hundred years ago to the present day, and a great change has taken place in the new criminal policy in this regard. Thinkers' views on criminal policy are consistent, and without a rational criminal policy, there can be no answer. Iran's criminal policy is often repressive and coercive against criminals, and Iran's legislative policy is dichotomous, and sometimes legislative and judicial criminal policy are in conflict. The necessity of criminologies cannot be denied, but the anticipation of temporary punishments such as long-term detention and even non-departure from the judiciary, etc., is partly due to ignoring the teachings of criminology and criminal sociology. Judges are often hesitant to apply such punishments to avoid the consequences of criminal misconduct. Crime prevention is the most effective part of criminal policy, but prevention is not considered very important in Iranian law, and coercive politics is currently facing a serious challenge. Manuscript profile

Open Access Article

4 - Dimensions and elements of the criminal transfer of immovable property
روح الله آهنگران

An expression of transferability is the property of all property, both material and immaterial. On the contrary, other offenses against property are found in the charge of non-dispensable property transfer of immovable property as the subject of this crime and give rise More

An expression of transferability is the property of all property, both material and immaterial. On the contrary, other offenses against property are found in the charge of non-dispensable property transfer of immovable property as the subject of this crime and give rise to a suspicion that In this crime, the legislator has provided for the execution of criminal offenses for any fraudulent transfer of material or immaterial property. The purpose of this article is to investigate the dimensions and elements of the criminal transfer of immovable property. This descriptive-analytic study was conducted by library studies. The results of this study indicate that the crime of non-transfer of property is a criminal offense, and the fraud is confined to material property and immaterial property is not the subject of the crime. That the transfer of non-third party funds and the resulting harm must be the result of the acts of the perpetrator or perpetrators of the crime, such that if the perpetrator's or perpetrator's actions were not in the form of a fraudulent transaction, such a result would not have been achieved. However, it is not possible to easily sense this relationship in a non-destructive mass transfer case because of the interplay between the result and the termination of the bond between the two. The causal relationship in the crime of non-transfer of money means that the transfer of non-third party money and the resulting harm must be the result of the actions of the perpetrator or perpetrators. Manuscript profile

Open Access Article

5 - Hermeneutics is the beginning of a crime in Iranian criminal law
Hassan Mohammadi Nevisi

Investigating the concept of "Attempt" in Iranian criminal law and explaining the rule-based methodology of this concept is one of the inevitable hermeneutics of this criminal law establishment. Hermeneutics Although not widely regarded in post-modern humanities and ar More

Investigating the concept of "Attempt" in Iranian criminal law and explaining the rule-based methodology of this concept is one of the inevitable hermeneutics of this criminal law establishment. Hermeneutics Although not widely regarded in post-modern humanities and art texts, it can be particularly useful in the field of law, which is tied to social order, and in particular to judgment, and paves the way. And to unambiguously put readers at the forefront of the judiciary and to prevent the dissolution of judicial opinions. In this article, the author has attempted to give a clear picture of this criminal law entity and to explain the law-based methodology for a unified understanding of the concept, regardless of the legislative history and theoretical discussions surrounding the issue. To be clear, the author of this article has achieved his goal if the readers of the article at the end of their study have all come to a single inference of the concept of "Attempt". Manuscript profile

Open Access Article

6 - Comparing the sentences and conditions of the crime of embezzlement in Iran with the United States and France
Fahimeh Malekzadeh Sina Vahedzadeh

Embezzlement is an intended crime which would result in financial fraud, especially in the country administrative system. In the past, committers of such act were punished as wrongdoers to a public fund, and they were punished under the title of “corruption at earth” in More

Embezzlement is an intended crime which would result in financial fraud, especially in the country administrative system. In the past, committers of such act were punished as wrongdoers to a public fund, and they were punished under the title of “corruption at earth” in the Islamic criminal law. Of the global problems are offences and crimes of government employees and their financial abuses from deposited property to them. Embezzlement is a crime against public convenience. In all legal systems, they are fighting against it; also, in the Iranian law, the legislature has provided various rules and regulations for illegitimate property. This paper does assess awards and circumstances of Embezzlement in the Iranian law and also in the French, German and US legal systems. At the end, it has concluded that to tackle this evil phenomenon, contrary to their so much similarity, are not precisely compatible, but they differ substantively.But methods and circumstances in every .country are depending on their common laws Manuscript profile

Open Access Article

7 - The wrong impact on criminal crime and criminal law
sima ghobadvand

One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowl More

One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowledge and experiences. The mistake is divided into two types of "the subject matter" and the "judgmental mistake". The criminal act is the result and product of the offender's will to achieve the purpose of the offender and obtain the criminal path through the criminal path, but in many cases the offender, although the criminal path to the end. The material and the material element of the criminal act also commits, but for the reason, it does not achieve the purpose it does not have, and one of these is the wrong cause of identity and identity. As the most important crime that has an inherent crime at all times and places, it is the result of taking the life of a person who is one of the most important assets of any individual. For this reason, much of the investigation is centered on this crime and issues that are raised following the commitment of the crime, including the purpose of the purpose of identity in the discussion of murder. The content is library. key words: Wrong, crime, science and ignorance in crime, crime elements, jurisprudence, criminal law Manuscript profile

Open Access Article

8 - The wrong impact on the person or personality in the crime on the soul
Afshin Rahimi Pardanjani

The murder of human life and the deprivation of human life is one of the most important crimes against individuals, and in all societies, it is accompanied by severe reaction and consideration of severe punishments for the killers. In the Islamic legal system, the punis More

The murder of human life and the deprivation of human life is one of the most important crimes against individuals, and in all societies, it is accompanied by severe reaction and consideration of severe punishments for the killers. In the Islamic legal system, the punishment of murder is retribution if it is deliberate and justice, and this punishment is mentioned in the Holy Qur'an as the source of society's life. Physical and crime against spiritual personality is divided. In the meantime, crimes against physical integrity (such as murder, amputation, multiplication, miscarriage) against crimes against spiritual personality (such as insult, defamation, Qaddaf, false publication, etc.) More important. Among the crimes against physical entirety, the crime of murder is, most importantly, because murder is the deprivation of life from living man. In this way, the crime of murder takes him the most valuable divine blessing to man, which is his body and soul. Therefore, in all the legal systems of the world, the crime of murder is of great importance, and especially for its deliberate type, heavy penalties such as imprisonment or life imprisonment are projected in criminal laws in different countries. We can kill the murder by "mistake in the victim" (wrong in the goal) or "mistake in the personality of the victim" (mistake in the identity). Manuscript profile

List of articles (by subject) Criminal Law and Criminology