List of Articles علیرضا محمدبیکی

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  1 - Criminal Mediation in Iranian Law and Imamiyah Jurisprudence
  Abbas Shiri Varnamkhasti Alireza Mohammadbeyki
  Criminal Mediation in Iranian Law and Imamiyah JurisprudenceAbstractSince the formation of the public justice, the government as the institution responsive to the criminal acts has used formal authoritarian policies. But by the formation of civil society and its effects More

  Criminal Mediation in Iranian Law and Imamiyah JurisprudenceAbstractSince the formation of the public justice, the government as the institution responsive to the criminal acts has used formal authoritarian policies. But by the formation of civil society and its effects on criminal law and criminology, this approach has faced with philosophical post-modern criticisms regarding its costs and effectiveness. Meanwhile, realistic managing and economic attitude has resulted in returning to the informal solutions for the disputes while ignoring governing role of the governments and outsourcing some of the duties and authorities all of which characterized by dejudicialization.Adopted approach by the Code of Criminal Procedure 2014 can be considered as the starting point for it to be structured in Iranian criminal law which aside from legal common basics it has also jurisprudential bases.The present research analyzes informal solutions - criminal mediation, in particular - of law as a known and frequently used method and covers its weak points by providing justifications or logical basics. The results of the analyses showed that despite the application of these solutions regarding minor offences (offences of 6, 7, 8 degrees) there is a deep gap to consensual justice to be realized. Nevertheless, the examples of legal reforms are as the indications of policy making for the consensualization of legal procedure and recognition of the basics and logic of informal solutions for solving criminal disputes which can be a starting point for extending the mechanisms of dejudicialization to the offences of higher degrees or non-criminal offences.Key words: dejudicialization, mediation, solving disputes, consensual justice Manuscript profile
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  2 - Comparative study of the criminal liability of children and adolescents in the Islamic Penal Code approved in 1995 and 2011
  Alireza Mohammadbeyki Habib Asady Navid Alhoei
  By examining the laws related to children and adolescents, it can be seen that regarding the age of criminal responsibility of children and adolescents as well as the procedure for the crimes of this category of people, the criminal laws of Iran have undergone changes a More

  By examining the laws related to children and adolescents, it can be seen that regarding the age of criminal responsibility of children and adolescents as well as the procedure for the crimes of this category of people, the criminal laws of Iran have undergone changes and many regulations have been approved in this field. In Iran, according to Article 147 Approved in 1392 and the note of Article 1210 BC. The age of criminal responsibility is 9 full lunar years for girls and 15 full lunar years for boys. In the analysis of the old and new laws, we will see that unlike the old laws, the new law includes 3 types of age for children and adolescents: 1- Age of no criminal responsibility (minors): people under this age have no responsibility and in case of committing a crime They have no criminal liability. (Article 146 Q.M.A. approved 1392) The reduced age of criminal responsibility is that children between 9 and 15 years old are not punished but are subject to protective and educational measures and are divided into two categories. Children 9 to 12 years old (non-juvenile minors) Children 12 to 15 years old (juvenile minors) are the criminal age of majority, based on which if people under this age commit a crime, according to the laws and regulations related to juvenile proceedings Their crimes are dealt with, as the legal age of majority in Iran is 18 years. People who commit a crime between the ages of 15 and 18 are kept in a correctional center. In the Islamic Penal Code approved in 2012, there is no criminal responsibility for minors, and for people who have recently reached the age of puberty, the criminal responsibility is equal to Adult people have been accepted. The present study Manuscript profile
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  3 - "Feasibility of obtaining a guarantee for non-satisfied interests in corrupt contracts In Iranian Law and Imami Jurisprudence"
  Alireza Mohammadbeyki hoseein asadzadeh Meisam jamali
  Although the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid con More

  Although the principle necessarily is that the legal subjects´ assets to be protected; but today, we see that due to different reasons some gap intervenes between an owner and their assets. Examples for this issue are usurpation and also delivery by an invalid contract. There is no doubt about the requirement of recovering or substituting a property usurped or delivered by an invalid contract. Also, there is little doubt about the guarantee for the received benefits. But, regarding the fact that whether it is feasible for the unused benefits to be realized or not, we see a diversity of comments, i.e., we see that the law falls silent about these issues, and there is a diversity of jurisprudential rules along with lack of comprehensiveness of subjects, therefore, the necessity of the present research becomes justified. Thus, by descriptive-analytical methods, the present research tried to review and analyze the jurisprudents´ and lawyers´ positions regarding realization of unused benefits claims in an invalid contract. The results showed that the issue in Islamic jurisprudence has been a disputed issue since the past, although, by adducing evidences such as the rule of presumption of possession, consensus, and rule of equality of rules received for an invalid contract with usurped institution, accepting the rule of liability for unused benefits in an invalid contract seems to be reasonable; moreover, from the legal perspective, although civil code provides no expressed rule on unused benefits in invalid contracts, by correct interpretation of the available rules, it can be ruled for liability for unused benefits. Manuscript profile