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Showing 3 results for Rayejian Asli
Volume 17, Issue 3 (Fall 2013)
Abstract
Infanticide is an old phenomenon, which is prevalent in various forms within the human societies. In the past, infants were buried alive because of marriage and feeding costs, and some other reasons. Today, it occurs in several forms as asphyxiating/strangulation, drowning, and withdrawal of food and water. It is often committed at homes or by persons who are familiar with the infants. There is an overlap between infanticide and sudden infant death syndrome (SIDS). Infanticide has many causes, including when husband casts doubt upon the belonging of infant to himself. Some countries (as England) have an Infanticide Act, but other countries (including Iran) apply the provisions of murder to infanticide cases. In addition to above issues and according to a comparative perspective, the present article explores the approach of other countries, which provides special provisions on infanticide. It also concludes that harmonization of Iranian legal provisions to the comparative standards relating to protection of infants (particularly by criminalizing infanticide) seems to be necessary.
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Volume 19, Issue 3 (Fall 2015)
Abstract
Deferred sentence, as a form of community punishment, is an aspect of participatory crime policy and crime control according to which a sentence will not be carried out if the convicted criminal meets certain requirements, such as complying with the conditions of probation. The finality of deferred sentence order depends on whether the court satisfies to comply with the requirements by the criminal or not, which may result to the sentence or punishment. The present article explores the provisions of deferred sentence in the Islamic Penal Code of Iran in the light of a comparative approach to three European legal systems (French, England and Germany) to find similarities and differences between the provisions in question. The article concludes that all provisions in Iran and the mentioned countries seek to meet the necessities of rehabilitative and reparative purposes of criminal sanctions for both offenders and victims.
Mehrdad Rayejian Asli,
Volume 20, Issue 3 (7-2013)
Abstract
One of the most important necessities that victimology requires at least within criminal sciences is to create a general theory describing and explaining all concepts, theories and hypotheses which may be used in this scientific sphere. The present article seeks to introduce such a theory, using key terminologies formed the literature and content of victimology from beginning of its emergence since mid of the twentieth century. The new discipline of criminal sciences that I argue in this article has emerged in the light of two criminological and legal approaches. The work of the victimology theory is to incorporating these approaches into a unified field of study which is based upon three key concepts: active personality of victim, nature of victimhood/victimization and passivity of victim. In my final considerations, I conclude that the victimology theory can have virtues and advantages including in criminal etiology, preventing victimization and offending and overall formulating a better criminal policy and criminal justice system in practice.