Vol. 2 No. 2 (2024): پیاپی ۴

View Vol. 2 No. 2 (2024): پیاپی ۴

Published: 2024-07-15

Articles

The Criterion of Welfare in Child Discipline and the Examination of Liability Arising from Discipline

Ali Akbar Hamedi *

; Tahereh Salarinezhad

, Maryam Hamedi

215-237
- PDF
Examining the Rule of “La-Zarar” in Damages Arising from Broken Engagements in Civil Law and the Viewpoint of Imam Khomeini

Mehdi Zarei Alami

; Abbas Arab Khazaeli *

; Seyed Mehdi Ahmadi

238-247
- PDF
Feasibility of Applying Innovations in the French Civil Code Regarding the Law of Obligations to the Iranian Civil Code

Zahra Motaharifar

, Mohammad Sadeghi *

, Seyed Mehdi Mirdadashi

1-16
- PDF
The Receiver of Goods for Trial (Akhidh bi’l-Sawm) and the Legal Enforcement of Liability in Islamic Jurisprudential Schools and Iranian Law

Hamid Vafaei

; Hormoz Asadi koohbad *

; Mehdi Zamani

17-30
- PDF
Purely Material Offenses in Iranian and English Law

Shahaboddin Naseri

; Masoud Bassami *

; Masoud Ghasemi

31-50
- PDF
Foundations of Dejudicialization and Its Instances in Iranian Criminal Law

Mohsen Meshkani

; Asal Azimian *

; Ali Chahkandinezhad

334-353
- PDF
The Role of Criminal Law in Combating Terrorism and Its Impact on Security Policies

Sadegh Navidi *

67-88
- PDF
The Role of the Arbitration Institution in Judicial Development with a Focus on Upstream Documents

Behnam Habibi Dargah *

, Payam Shabani

, Ali Eslamipanah

, Javad Khaleghiyan

94-113
- PDF
Analysis of Jurisprudential and Historical Foundations of the Distinction Between Shar’i Ta'zir Punishments and Deterrent Punishments in the Penal Policy of the Islamic Republic of Iran

Marzieh Molaei

; Abbasgholi Ansari *

; Rahmat Farahzadi

114-136
- PDF
Examining the Origin and Causes of Omission by Government Officials and Its Impact on Administrative Transparency and Integrity

Rahmatollah Mohammadi

; Khairollah Parvin *

; Ahmad Momeni Rad

137-152
- PDF
Fair trial, as a fundamental human right, safeguards individual rights and freedoms while ensuring the legitimacy of the criminal justice system. It encompasses a set of procedural and substantive guarantees including the presumption of innocence, equality of arms, judicial impartiality, public hearings, access to counsel, and the right to be informed of charges, all grounded in human dignity and the rule of law. Using a descriptive-analytical approach and based on the review of statutory provisions, Islamic jurisprudential sources, and legal scholarship, this study explored the principles of fair trial within Iran’s criminal procedure system, examined their status, and analyzed existing implementation challenges. The findings revealed that although the Constitution of the Islamic Republic of Iran and the Criminal Procedure Code of Iran formally recognize many fair trial components, their practical enforcement is hindered by structural deficiencies, insufficient professional training for judicial police and judges, social and political pressures on the judicial process, and entrenched traditional crime-control attitudes. Moreover, Iran’s legal aid mechanisms remain inadequate, and oversight over judicial authorities is weak. It is therefore recommended to reform procedural laws, institutionalize continuous human rights training for judicial authorities and law enforcement, strengthen independent oversight mechanisms, and expand legal aid services to ensure effective defense for defendants. Implementing these reforms would enhance the legitimacy and efficiency of the criminal justice system and strengthen public trust in the judiciary.

Mehdi Hariri *

153-176
- PDF
How Compensation of Damages is Addressed in Iraqi and Iranian Civil Law

Zainab Sultan Hussein Al-Hameed

; Mojtaba Nikdosti *

; Samah Hussein Ali

, Mohammad Javad Abdollahi

177-193
- PDF
Individual Freedom or Social Justice? The Relationship Between Theories of Justice and Liberal Public Law Institutionalization

Mohammad esmaeil Motamedi

; Kheyrollah Parvin *

; Mohammad Jalali

194-213
- PDF