Criminal law and Criminology Studies

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Abstract Legal paternalism is one of the principles of criminalization. Criminalization on the
basis of patriarchy is based on the prohibition of harm to self. Since drug abuse and
addiction 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 of
drug? Regardless of the necessity of criminalization in drug abuse and addiction, for
the legitimate criminal intervention, the principle of patriarchy seems more
appropriate. In this paper in addition to the brief review of criminalization
principles, the criminalization of drug abuse and addiction based on the paternalism
will be scrutinized.

Abstract Realization of justifications, such as criminal act oneself, requires components and
elements that we establish them based on two sets of criteria: objective and
subjective criteria.This means that, to resort to a justification, it is necessary that
external conditions required for that defense be achieved. On the other hand, it is
necessary the perpetrator meets the required real defense, namely he has done it with
intent and knowledge. So, a complete justification is a defense that his perpetrator
both has external or objective condition on one hand, and subjective or internal
condition on the other hand. But sometimes, we see that only one of the two above
mentioned conditions exist. For example, in despite of existence of external
conditions related to one justification, the perpetrator lacks required mens rea.
Criminal law in this section has been the centre of conflicts of subjectivists and
objectivists and each brings its own argument. In contrast, sometimes despite the
absence of required external and objective conditions, the perpetrator has done his
act in the direction of a justification. In this case, criminal law will resort to
subsidiary criteria, namely reasonableness criteria. So, if the act of perpetrator in that
circumstances being reasonable, he finds relief from responsibility.

Abstract The process for handling juvenile crimes in a professional way has special
requirements with respect to the characteristics and composition of the members of
judges within Juvenile Courts. These include the selection of professionally
competent judges, the need for their continual education updates, and the mandatory
and binding participation of juvenile experts. This article analyses the special
requirements by making a comparative study of the processes for handling juvenile
crimes in Iran and Italy. The analysis suggests that in Iran juvenile crimes should be
processed by a committee of judges and juvenile experts. The jurisprudential support
for this judicial council approach is described.

Abstract The Kuhn picture of the evolution of a science can be summarized by these endless
plans: the science, normal science, the crisis, the revolution, new normal science,
and new crisis. The distinguishing feature of this theory is emphasis on
revolutionary scientific change; so that according to this theory, the scientific
revolution rejects the theoretical structure underlying and succession of other
conflicts. Since the introduction of this theory in the book of The Structure of
Scientific Revolutions, the persistent question was whether Kuhn's picture of history
of natural science applies to the other science. At first glance, it seems that the
answer is no; in this paper it is shown that the transition from punishment to
restoration is a Kuhn scientific revolution in criminal law. Of course, this does not
mean that all detail and components of Kuhn’s theory is the same in this field of
science, but it's important feature that the revolutionary scientific developments will
also apply in criminal law. In other words, when we are dealing with a Kuhn’s
paradigm in criminal law which have been accepted by the scientific community,
paradigm shift in criminal law really is possible.This paradigm shift will follow
Kuhn’s revolution.

Abstract Administrative corruption means illegal use of administrative and governmental
authorities for personal interests. This kind of corruption has various forms that
misappropriation, bribery and misuse of governmental properties are known
examples. Since the most important political capital of governments is peoples trust
in 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 plan
compatible actions to fight against it. Among these actions is adopting international
documents of fight against corruption, including Merida convention which is the
most comprehensive document in this area. In order to study the position of Islamic
criminal policy against administrative corruption, in comparison with conventional
criminal policy, which is an international standards and also for discovering their
common and distinct points, Islamic rules and international standards have been
studied in their connection in descriptive- explanatory and comparative method and
various ways to fight against the phenomenon have been provided, including
preventive (social and situational prevention) responses and criminal or reactional
responses.

Abstract The purpose and direction of the criminal procedure code in recent years and under
influence of “pattern of fair trial” has been changed. These developments almost
relating to the under supervision stage (Garde-a-vue) which in that stage, suspect is
placed in the detention of bailiff (the police). Because of further probability of
violating of accused’s right in appeal stage by the responsible institutions for
security, applicable regulations on this stage, in favor of accused persons have been
predicted frequent changes. Hence, due to expansion of the accused rights at this
stage, 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 rights
in 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 stage
in Iranian and France laws.

Abstract The international criminal law pursuing different goals, however the goal of
deterrence is of major importance. Deterrence due to its connection with the problem
of international peace and security is important. It is assumed that international
criminal justice can prevent committing more crimes and thus to contribute to the
maintenance of international peace and security. The aim of this paper is to
investigate the deterrent role of international criminal law and evaluate its impact on
peace and stability in the transitional societies. The main hypothesis is that the
deterrent effect of the international criminal law is less than what is claimed. Given
the problems facing the international community in preventing more crimes, reliance
on the deterrence of international criminal law and promotion of certainty and
severity of punishment are not enough. Other justice mechanisms in the transitional
societies for the prevention and reduction of international crime rates should be
considered to establish international peace and security

Abstract From the beginning of the battle of justification of punishment, 18th century,
retributivism has been lost and utilitarianism has dominated the criminal justice
systems. From 1960s, when rehabilitation declined, the new versions of
retributivism proposed and invoked to new arguments to meet the traditional
objections. By developing of this new version, a core question is: “Are these
seemingly new retributivists exactly new or Retributivists?” The paper shows that
the answer is “no” and the so-called new retributivists neither are retributivists nor
new.

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