Jurisprudence and Criminal Law Doctrines: 9 (1)

Open Access Article

1 - Iran’s Policy-making in Anti-Contraband and Foreign Currency Smuggling in the Mirror of Analysis and Criticism
Ahmad Pourebrahim mehdi haghighatjoo

The phenomenon of smuggling in Iran’s country, in addition to economical bad effects is an important social and the economical challenge. Nowadays, this phenomenon besides as a serious threat on the path of free commerce, is imposing so much expenses on the economical b More

The phenomenon of smuggling in Iran’s country, in addition to economical bad effects is an important social and the economical challenge. Nowadays, this phenomenon besides as a serious threat on the path of free commerce, is imposing so much expenses on the economical body of country. Must acknowledge the new statute has many innovations and corrects many deficiencies in previous statute; although »Anti-Trafficking Law ratified 1392« had not the sufficient and necessary sanction. Therefore, in new expressions, the sanctions of this statute were fortified from different aspects. On the other hand, the smuggling subjects were ambiguous and sometimes the act of smuggling was considered with title of under invoicing or false statement that in correction of statute, many differences of weight of goods or false statement is considered as smuggling. This article with analytical descriptive method, continues the criminological and preventive approaches in subjects of smuggling goods and foreign currency while surveying existing ambiguities and challenges in this field and analyzed the action and reaction criminal policies for prevention. Manuscript profile

Open Access Article

2 - Execution of Civil Verdicts of Spiritual Damages in Iran and England Law
Alireza Haraj Abasat Pourmohammad

Any damage caused to individuals, should be compensated by the person causing the damage. In addition to material and loss of life damages, there have also been spiritual damages and the legal system of Iran faces many challenges in execution of verdicts of compensation More

Any damage caused to individuals, should be compensated by the person causing the damage. In addition to material and loss of life damages, there have also been spiritual damages and the legal system of Iran faces many challenges in execution of verdicts of compensation. This research was conducted in an analytical descriptive method and its purpose is to survey and compare the issue of spiritual damages in the two legal systems of Iran and England. The conclusion of research concluded that in England, spiritual damages are linked with material damages and are included for the first-degree relatives of victim. Forensic psychologists determine the severity of spiritual damages and then the judge determines the amount of damage and orders its payment. At the same time, the cost of treatment is objectively compensated, although this type of compensation can only be implemented for a genuine person. In Iran, there is no precise mechanism for determining spiritual damages and usually, the amount of damage is determined while referring to the judicial procedure and Arash, that is determined according to the report of experts, which usually does not explain the justice-oriented principles, therefore, judges mainly try to reach a compromise between the parties. Attention to this fact, revealed the necessity and requirement of complete and accurate determination of rules of this field. The compensation verdict of spiritual damage is sentenced according to criterions of execution judge in determination of accurate amount of damage, which has limited authorities that are not obvious in England Law. Manuscript profile

Open Access Article

3 - Analysis of Approaches of Theory of Post-post Modernism Criminology
Vahid Zarei Sharif Maryam Poorbaghi

Post-post Modernism Criminology or Trans Modernism Criminology surveys the effective factors in crime occurrence depends on the expanded theoretical subjects from Modernism Criminology meditation following Post Modernism Criminology with criticism from criminological ap More

Post-post Modernism Criminology or Trans Modernism Criminology surveys the effective factors in crime occurrence depends on the expanded theoretical subjects from Modernism Criminology meditation following Post Modernism Criminology with criticism from criminological approaches of Modernism and Post Modernism as the end of Modernism meditation. In this research, we follow to find the response of this question that how are the approaches of Post-post Modernism Movement of thought in dealing with the phenomena of crime, criminalization and discovering the causes of crime occurrence? even the answer to other question based on that whether Post-post Modernism Criminology in preventing from crime and correction of an offender besides criticism to Modernism and Post Modernism Criminology, access its critical objects? This research with analytical and descriptive method, has surveyed the old theories of criminologists and data of valid scientific internal and external law articles and has searched the obstacle criminalization, intentional crime, two-dimensional absolutism, objectivism, religionist, alienation and rationalism are principal factors of Post-post Modernism Criminology in contrast with essentialism, unaware mind of Trans Modern offender, rationalism, mentalism, nihilism, self-depended reason and formalism are fundamental elements of Modernism and Post Modernism Criminology, besides the comparative study of mentioned measures determines the relative success of Trans Modernism Criminology in achievement of critical purposes. Furthermore, the necessity of perception in approaches Post-post Modernism Criminology about solving legal vacuum and determining judges’ liberties in the status of legislation or interpretation of law, adjudicate or implementation of verdict in criminal courts that has dominant role in assumption of preventive or punitive dispositions in opposition with criminal phenomena. Manuscript profile

Open Access Article

4 - Jurisprudence Examination of Cryonics Technology and Its Legislative Compulsories
Ali MohammadPoor Askari Hoseinimoghadam Hossein Rahimi Vaskasi

Cryonics is an innate desire among all humans. Based on this desire, some difficult to cure or incurable patients are brought to a cold life in the hope that in the coming years, with the progress of medical science, regarding the treatment of difficult to cure or incur More

Cryonics is an innate desire among all humans. Based on this desire, some difficult to cure or incurable patients are brought to a cold life in the hope that in the coming years, with the progress of medical science, regarding the treatment of difficult to cure or incurable patients, they will be able to revive and with their treatment find new life. This opinion is not possible from the point of view of the public at large. This research with analytical descriptive method, surveys the jurisprudence nature of Cryonics. Opinions and reasons of each opponents and supporters have been presented and according to the opinion of the esteemed president of jurists, this mechanism is correct under certain conditions. Before person’s action, for entering the cold storage, should determines and organizes the acquittal from obligations and civil and criminal responsibilities. Furthermore, the difficulty to cure and incurability of disease should be proved. In this case, he has entered into the cry biotic process and despite many similarities to death, the state of absence and incapability is the most similar for the patient. In this case, can take over the management of the patient's by appointing a trustee. The status of divorce of the wife and permission to marry for a daughter, will also be done according to the rules of the absent person. Setting a specific period and providing financial resources for the process of Cryonics is one of the important features that is necessary to be considered in the legislation based on jurisprudence opinions. Manuscript profile

Open Access Article

5 - The Right to Peace in Iran and Lebanon Law with a Focus on Western and Islamic Human Rights Precedent
حیدر مطلب فائد احمد رضا سلیمان زاده حسین رستم زاد

The need to live in peace and tranquility is the anxiety of every human being, for which the duty of its provision is the responsibility of the government. This research by analytical descriptive method, has surveyed and compared the right to peace in Iran and Lebanon L More

The need to live in peace and tranquility is the anxiety of every human being, for which the duty of its provision is the responsibility of the government. This research by analytical descriptive method, has surveyed and compared the right to peace in Iran and Lebanon Law. The Islamic Republic of Iran has adopted the precedent of Islamic human rights, which is depended on the doctrine of velayat al-faqih. But at the same time, the internal security of the country is facing problems that are considered as practical weaknesses. Strengthening of military and security forces, adoption of correct cultural policies in order to unite the country's ethnic groups and religions, centralization of power in governance, non-reliance on outsiders and political participation within the framework of religious authority have finally provided the four pillars of the right to peace for Iranian citizens. The Democratic Republic of Lebanon used western human rights only with the aim of ending internal wars and no explicit legislation was made regarding the right to peace. In the doctrine of Western human rights, compromise is recommended, which the Lebanese parties try to take as a model for forced compromise. The influence of foreigners through parties, lack of strengthening of security and military forces, caused many insecurities in this country, which has completely destroyed the security of the citizens and is still ongoing. Manuscript profile

Open Access Article

6 - Jurisprudential Basis of the Possibility of Realizing Restorative Justice through Mediation
hamidreza motie sayyed Mahdi Ahmadi Hossein Rahimi Vaskasi

Restorative justice is a model that tries to influence the elements of criminal justice, including the victim, the criminal, and society based on a restorative approach, a model that seeks the active participation of everyone around the case to create balance and equili More

Restorative justice is a model that tries to influence the elements of criminal justice, including the victim, the criminal, and society based on a restorative approach, a model that seeks the active participation of everyone around the case to create balance and equilibrium, an evocation that considered the collective ways of individuals that goes around the crime to confront with the effects caused by the crime and to repair the damages and create resiliency for the criminal. The realization of restorative justice, which is closer to human dignity, requires development and expansion of methods that follow the maximum agreements and health of the people of the society, the methods that are based on the socialization of relationships. Mediation is one of the methods of implementing restorative justice, which tries to discuss the causes, effects and results of the attributed crime and the ways to compensate for the resulting damages with the management of the mediator and if necessary, with the presence of other effective persons, in a suitable environment and achieved successful results to lead to the correction and restoration of relationships. In Islamic jurisprudence, the criteria of restorative justice and mediation based on the reform of Zat al-Bin, have been recommended and emphasized. Criteria for improving relationships between people, which are moral virtues. In this article, the possibility of achieving restorative justice through mediation based on jurisprudence foundations will be surveyed. Manuscript profile

Open Access Article

7 - The Role of the Hypothetical Analogy in the Rule of Al-Ta'azir Yodrao Be-Shobhah
Mahdi Nasratian Ahour

The reported research in this article with descriptive analytical method and sometimes possessing critical description tries to determine the entrepreneur quality of hypothetical analogy in clarification of the idea of necessity or unnecessity of establishing the rule o More

The reported research in this article with descriptive analytical method and sometimes possessing critical description tries to determine the entrepreneur quality of hypothetical analogy in clarification of the idea of necessity or unnecessity of establishing the rule of Al-Ta'azir Yodrao Be-Shobhah. In this article, using the hypothetical analogy method is not aimed to strengthen or reject one of the two theories; but the goal is to show how each of the two reciprocal theories can be documented by hypothetical analogy and how this general method, how and with which of its types could play a role in these two theories. Although, supporters or opponents of the necessity of establishing the rule of Al-Ta'azir Yodrao Be-Shobhah in their speeches, did not mention the use of hypothetical analogy and its types; but it is possible to read their opinions based on the hypothetical analogy. The result of this reading revealed that two reciprocal opinions because of method are in common and use two types of hypothetical analogies, i.e. ideological coding and incomplete coding; but adjustment of these two methods to different premises, has caused the result of applying each of these methods is different from each others. The result of this similarity in the method and the difference in the finding, can help the researchers to focus on the premises of the theorems in the criticism of each of these two theories and not on the used method because the method is in both two rival theories is similar. Manuscript profile

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