List of Articles حداقل بودن

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  1 - The Principle of Minimum Criminal Law in Iranian Criminal Law; Challenges and Solutions
  Taher Bakhshizadeh Tahmoores Bashirieh Hossein Gholami
  10.30495/jcld.2023.1986786.1067
  Receive Date: 2023/07/12                    Revise Date: 2023/08/20                  &nbsp More

  Receive Date: 2023/07/12                    Revise Date: 2023/08/20                   Accept Date:  2023/09/10 Abstract The principle of minimum criminal law arises from the philosophical theory of liberalism and develops the minimum criminal law in different form. The principle of minimum criminal law with respect to human beings and values such as their freedom, autonomy and right to be different and expression of the minimum role of the State and lack of its right to intervene in all aspects of human life, describes the criminal law that its scope is little and limited to essential elements. According to this principle, governments should justify the criminalization and then sanctions. The implementation of this principle faces obstacles and challenges such as: the more intervention than necessity of the country's judicial system in social conflicts, legal inflation, lack of effective protection of individual rights, a high level of conviction rate and systemic problems. To overcome these problems, we must review the principles of the penal system. The principle of minimum criminal law has effects that, based on this principle, it is possible to overcome the challenges and obstacles related to the reduction of criminal titles in Iranian criminal law. This principle takes into account the tools and requirements necessary to realize minimum criminal rights. Manuscript profile
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  2 - Contradiction of the Transferred intention Doctrine with the Principle of Minimum Criminal Law
  ayoub milaki
  AbstractThe purpose of this paper is to measure the fundamental contradictions of the transferred intention doctrine to the principle of the so-called minimum criminal law. The Camen-Louie Transformation Plan aims to criminalize the transferability of the criminal inten More

  AbstractThe purpose of this paper is to measure the fundamental contradictions of the transferred intention doctrine to the principle of the so-called minimum criminal law. The Camen-Louie Transformation Plan aims to criminalize the transferability of the criminal intention, arguing that criminal misconduct is capable of transferring from The purpose of the victim is incidental and the inadvertent intention of the original offender does not eliminate the unwanted consequences, but the criminal nature of the victim's intent does not preclude the criminal intention of the original purpose and its linkage to the result of a goal or identity error beyond the heart's desire and Mentally committing certain results will suffice to impose the punishment of deliberate victimization.The maximum magnitude of this approach focuses on the development of the scope of intentional crimes and the increase in the level of intervention of actors in the field of criminal policy in describing the rule of law and determining the scope of criminal responses. The findings of this study indicate that the current approach to some of the principles of criminal law Modern, especially liberal discourse Minimizing the scope of criminal law interventions that seeks to limit the powers of the criminal systems in describing the law and the abidance of anti-social behaviors is a clear contradiction. The scale of this conflict is such that it can lead to a weakening of efficiency or neutrality Establishing an optimal response policy for governments in breach of sanctions Laqy and the community as far as the implementation of these two propositions in a penal system unit, conflict and the duality in policy making will face criminal. Manuscript profile