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2014
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Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
1
5
https://jqclcs.ut.ac.ir/article_60813_672c57de30ebb0f28fc9adb9bb5e1f19.pdf
dx.doi.org/ندارد
Chiefeditor
text
article
2014
per
don't have. don't have.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
1
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https://jqclcs.ut.ac.ir/article_60814_7ce8c3895ce4961b9307867f1e98d74b.pdf
dx.doi.org/10.22059/jqclcs.2014.60814
The Criminalization of Drug Addiction in the Light of the Principle of Legal Paternalism
Hossein
Aghababaie
Associate Professor, Law Department, Faculty of Humanities, University of Guilan, Iran
author
Behnaz
Rezaei Zadfar
M.A in Criminal Law and Criminology
author
text
article
2014
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Legal paternalism is one of the principles of criminalization. Criminalization on thebasis of patriarchy is based on the prohibition of harm to self. Since drug abuse andaddiction known as victimless crimes and cause immediate harms to the individuals,there is a question that what can justify the criminalization of addiction and abuse ofdrug? Regardless of the necessity of criminalization in drug abuse and addiction, forthe legitimate criminal intervention, the principle of patriarchy seems moreappropriate. In this paper in addition to the brief review of criminalizationprinciples, the criminalization of drug abuse and addiction based on the paternalismwill be scrutinized.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
1
21
https://jqclcs.ut.ac.ir/article_54918_ba87a243f0c47868c895946d97e9ddab.pdf
dx.doi.org/10.22059/jqclcs.2014.54918
Application of Subjective and Objective Criteria in Justifications
Hosein
Aghaie Nia
Associate Professor, Department of Criminal Law and Criminology, University of Tehran, Iran
author
Sadegh
Mennati Nejad
Assistant Professor, Payam Nour University, Iran
author
text
article
2014
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Realization of justifications, such as criminal act oneself, requires components andelements that we establish them based on two sets of criteria: objective andsubjective criteria.This means that, to resort to a justification, it is necessary thatexternal conditions required for that defense be achieved. On the other hand, it isnecessary the perpetrator meets the required real defense, namely he has done it withintent and knowledge. So, a complete justification is a defense that his perpetratorboth has external or objective condition on one hand, and subjective or internalcondition on the other hand. But sometimes, we see that only one of the two abovementioned conditions exist. For example, in despite of existence of externalconditions related to one justification, the perpetrator lacks required mens rea.Criminal law in this section has been the centre of conflicts of subjectivists andobjectivists and each brings its own argument. In contrast, sometimes despite theabsence of required external and objective conditions, the perpetrator has done hisact in the direction of a justification. In this case, criminal law will resort tosubsidiary criteria, namely reasonableness criteria. So, if the act of perpetrator in thatcircumstances being reasonable, he finds relief from responsibility.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
23
36
https://jqclcs.ut.ac.ir/article_54920_bc13e00d1c71af746ce3952bf3dba6ea.pdf
dx.doi.org/10.22059/jqclcs.2014.54920
The Specialization of Decision Making within Juvenile Courts in Iran and Italy
Gholam Hossien
Elham
Associate Professor, Department of Criminal Law and Criminology, University of
Tehran, Iran
author
Maryam
Manouchehri
Ph.D in Criminal Law and Criminology
author
text
article
2014
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The process for handling juvenile crimes in a professional way has specialrequirements with respect to the characteristics and composition of the members ofjudges within Juvenile Courts. These include the selection of professionallycompetent judges, the need for their continual education updates, and the mandatoryand binding participation of juvenile experts. This article analyses the specialrequirements by making a comparative study of the processes for handling juvenilecrimes in Iran and Italy. The analysis suggests that in Iran juvenile crimes should beprocessed by a committee of judges and juvenile experts. The jurisprudential supportfor this judicial council approach is described.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
37
57
https://jqclcs.ut.ac.ir/article_54921_dbf805e8b7cd24b835364d7ff16a103e.pdf
dx.doi.org/10.22059/jqclcs.2014.54921
Kuhn’s Theory and the Paradigm Shift in Criminal Law
Mohamad
Amini Zadeh
Assistant Professor, Faculty of Law and Theology, University of Shahid Bahonar,
Iran
author
text
article
2014
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The Kuhn picture of the evolution of a science can be summarized by these endlessplans: the science, normal science, the crisis, the revolution, new normal science,and new crisis. The distinguishing feature of this theory is emphasis onrevolutionary scientific change; so that according to this theory, the scientificrevolution rejects the theoretical structure underlying and succession of otherconflicts. Since the introduction of this theory in the book of The Structure ofScientific Revolutions, the persistent question was whether Kuhn's picture of historyof natural science applies to the other science. At first glance, it seems that theanswer is no; in this paper it is shown that the transition from punishment torestoration is a Kuhn scientific revolution in criminal law. Of course, this does notmean that all detail and components of Kuhn’s theory is the same in this field ofscience, but it's important feature that the revolutionary scientific developments willalso apply in criminal law. In other words, when we are dealing with a Kuhn’sparadigm in criminal law which have been accepted by the scientific community,paradigm shift in criminal law really is possible.This paradigm shift will followKuhn’s revolution.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
59
81
https://jqclcs.ut.ac.ir/article_54923_1de61fffbbfceea5bc443b5f52c0ec21.pdf
dx.doi.org/10.22059/jqclcs.2014.54923
Islamic Criminal Policy against Administrative Corruption and Comparative Study with International Standards
Seyed Mohammad
Hosseini
Associate Professor, Department of Criminal Law and Criminology, University of Tehran,
Iran
author
Mohammad
Nozari Ferdosieh
Assistant Professor, Qom University, Iran
author
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article
2014
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Administrative corruption means illegal use of administrative and governmentalauthorities for personal interests. This kind of corruption has various forms thatmisappropriation, bribery and misuse of governmental properties are knownexamples. Since the most important political capital of governments is peoples trustin governors and corruption types, specialy administrative corruption hurts it,fighting against corruption in administrative area is an undeniable necessity.Spreading this corruption in national and international level made world society plancompatible actions to fight against it. Among these actions is adopting internationaldocuments of fight against corruption, including Merida convention which is themost comprehensive document in this area. In order to study the position of Islamiccriminal policy against administrative corruption, in comparison with conventionalcriminal policy, which is an international standards and also for discovering theircommon and distinct points, Islamic rules and international standards have beenstudied in their connection in descriptive- explanatory and comparative method andvarious ways to fight against the phenomenon have been provided, includingpreventive (social and situational prevention) responses and criminal or reactionalresponses.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
83
101
https://jqclcs.ut.ac.ir/article_54924_fd8f79a368b840ee98d3f3993916b7fd.pdf
dx.doi.org/10.22059/jqclcs.2014.54924
Transformations of the Right of Defendant to Have an Attorney in the Under Supervision Stage in France and Iranian Law
Mohammad Mahdi
Saghian
Assistant Professor, Department of Criminal Law and Criminology, University of Tehran,
Iran
author
text
article
2014
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The purpose and direction of the criminal procedure code in recent years and underinfluence of “pattern of fair trial” has been changed. These developments almostrelating to the under supervision stage (Garde-a-vue) which in that stage, suspect isplaced in the detention of bailiff (the police). Because of further probability ofviolating of accused’s right in appeal stage by the responsible institutions forsecurity, applicable regulations on this stage, in favor of accused persons have beenpredicted frequent changes. Hence, due to expansion of the accused rights at thisstage, a person could appeal as integral part of criminal process. In the meantime,right to have an attorney could be considered as the most prominent accused rightsin the detention period which in that time accused is under observation of the bailiff.In this paper, we examine the changes in the right to have an attorney in appeal stagein Iranian and France laws.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
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1
no.
2014
103
118
https://jqclcs.ut.ac.ir/article_54926_dc4733f9eb288d0e7d53de6e87fafbb4.pdf
dx.doi.org/10.22059/jqclcs.2014.54926
Deterrence of International Criminal Law and its Impact on Transitional Societies
Mahin
Sobhani
Assistant Professor, University of Guilan, Iran
author
text
article
2014
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The international criminal law pursuing different goals, however the goal ofdeterrence is of major importance. Deterrence due to its connection with the problemof international peace and security is important. It is assumed that internationalcriminal justice can prevent committing more crimes and thus to contribute to themaintenance of international peace and security. The aim of this paper is toinvestigate the deterrent role of international criminal law and evaluate its impact onpeace and stability in the transitional societies. The main hypothesis is that thedeterrent effect of the international criminal law is less than what is claimed. Giventhe problems facing the international community in preventing more crimes, relianceon the deterrence of international criminal law and promotion of certainty andseverity of punishment are not enough. Other justice mechanisms in the transitionalsocieties for the prevention and reduction of international crime rates should beconsidered to establish international peace and security
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
119
143
https://jqclcs.ut.ac.ir/article_54928_b60bbc1e5d5a4e2f128f79e34ef00d9d.pdf
dx.doi.org/10.22059/jqclcs.2014.54928
New Versions of Retributivism
Ali
Saberi
Ph.D in Criminal Law and Criminology, University of Tehran, Iran
author
text
article
2014
per
From the beginning of the battle of justification of punishment, 18th century,retributivism has been lost and utilitarianism has dominated the criminal justicesystems. From 1960s, when rehabilitation declined, the new versions ofretributivism proposed and invoked to new arguments to meet the traditionalobjections. By developing of this new version, a core question is: “Are theseseemingly new retributivists exactly new or Retributivists?” The paper shows thatthe answer is “no” and the so-called new retributivists neither are retributivists nornew.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
145
164
https://jqclcs.ut.ac.ir/article_54929_00844d08748517dc9c8cb506b1f59666.pdf
dx.doi.org/10.22059/jqclcs.2014.54929
English Abstracts
text
article
2014
per
doesn't have. doesn't have.
Criminal law and Criminology Studies
University of Tehran
۲۵۸۸-۵۶۰X
1
v.
1
no.
2014
1
7
https://jqclcs.ut.ac.ir/article_54943_b6e968bb8c8dbf663e34251d06c29a8b.pdf
dx.doi.org/10.22059/jqclcs.2014.54943