List of Articles Masoud Fadaei Dehchshmeh

• Open Access Article
  • Abstract Page
  • Full-Text
  
  1 - Investigation the typically deadly acts and lethal weapon in Iranian criminal law (according to the Islamic Penal Code adopted in 1392)
  masoud Fadaei Dehcheshmeh Asal Azemeyan amir Soleymani
  "Intent to typically deadly act" is a phrase that is specified in the articles related to premeditated murder (paragraphs b and c of Article 206 of the Law of 1991 and paragraphs B and C of Article 290 of the Law adopted in 2013); This restriction is interpreted in diff More

  "Intent to typically deadly act" is a phrase that is specified in the articles related to premeditated murder (paragraphs b and c of Article 206 of the Law of 1991 and paragraphs B and C of Article 290 of the Law adopted in 2013); This restriction is interpreted in different ways by the legislature in the terminology of jurists in terms of not providing a definition of it. The important point is that this rule merges with kind of murder which used instrument in, and causes ambiguities that some consider typically deadly acts mean same as the murder which used instrumet.It was sufficient Judicialy the mere of the using deadly weapon regardless of the position of the blow, the sensitivity and the absence of the position to carry out the premeditated murder. We believe that both of, "typically lethal" and "lethal weapon," are two separate concepts, meaning that the lethal weapon is the instrument used in murder and does not have a specif meaning in murder, and only should He looked at it to prove the murder and the means by which the murder was committed. In this article, we intend to address some of the ambiguities and drawbacks about this approach and its distinction from the instrument used in murder. This research has been done in the form of a library-documents that we first found the source in relation to the subject according to the subject and then studied the field by gathering resources. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  2 - Study of Institution Judicial Exemption from Punishment in Criminal Law of Iran
  masoud Fadaei Dehcheshmeh Asal Azemeyan amir Soleymani
  One of the innovations of the new Islamic Penal Code in the matter of mitigation is exemption from punishment in the seventh and eighth degree punishment mentioned in Articles 19 and 39 of the new Islamic Penal Code. In above-mentioned crime'articles , with presence mit More

  One of the innovations of the new Islamic Penal Code in the matter of mitigation is exemption from punishment in the seventh and eighth degree punishment mentioned in Articles 19 and 39 of the new Islamic Penal Code. In above-mentioned crime'articles , with presence mitigating circumstances, if the court finds after conviction that the perpetrator will be corrected by not serving the sentence. In the absence of an effective criminal record and the plaintiff's pardon and compensation for damages or arrangements for compensation can be issued a sentence of exemption from punishment, According to this article, the exemption sentence, although in Article 727 of the 1370 Law, referred to the waiver of punishment if the private plaintiff pardoned. But discount is one of the innovations of the new law In fact, this article is a kind of attention to the status of prosecution in French law.In Iranian law, the court and not the prosecutor has the right to Exempt punishment if there are conditions reflected in thethat article , recognizing the perpetrator's correction, the private plaintiff's pardon, lack of an effective criminal record, compensation for damages, or establishing an order for compensation.Such an option in the form of suspension of prosecution, former is repeated in Article 40 of the Code of Judicial Procedure 1290, amended in 1352 And Article 22 of the Law Amending Some Judicial Laws on Misdemeanor CrimesThe institution of suspension of prosecution has now been given to the prosecutor in Article 81 of the Code of Criminal Procedure adopted in 1394. This research has been done in the form of a library-documentary that we first found the source in relation to the subject according to the subject and then studied the field by gathering resources. Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  3 - The rights of the accused and the invalidity of the preliminary investigation; Challenges and requirements (in the Code of Criminal Procedure adopted in 1392 and subsequent amendments)
  masoud Fadaei Dehcheshmeh Asal Azemeyan sajad jahanbaziGojani
  Prior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the def More

  Prior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the defense rights of the accused, the situation has changed. The provision of criteria such as the right to inform the relatives of the accused, the right to a medical examination and the right to be informed of the rights of the defense are among the most important innovations of this law, which itself indicates an attempt to further the preliminary investigation. Installing the "Charter of the Rights of the Accused" in the corridors of police stations, courts and criminal courts in such a way that it is visible to the clients and the accused, so that they ask the law enforcers to observe these rights; It may have beneficial effects on the judicial reform process and the way criminal proceedings are conducted. Violation of the rights of others, including defendants, is an unforgivable sin, and hard-working judicial officers and judicial colleagues are also expected to make every effort to ensure strict observance. In the Code of Criminal Procedure adopted in 1392, failure to comply with the mandatory principles in the preliminary investigation stage has resulted in disciplinary punishment and there is no place that explicitly considers the guarantee of non-compliance with these principles in the preliminary investigation stage to invalidate the preliminary investigation. The comments of Articles 63, 106 and 196 of the said law confirm this opinion this research has been done as a documentary library .We first found a source in relation to the subject according to the subject and then studied the field by gathering resources. Manuscript profile