List of Articles حقوق کیفری

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  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
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  2 - 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
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  3 - 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