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Volume 5, Issue 4 (12-2001)
Abstract
Mohammad Tohidi Fard
Assistant Professor, Department of Law, Tarbiat Modares University
The phenomenon of Globalization of the Criminal Law is the historical process reaction and logical result that raise from the political philosophy and international criminal law doctorins. With the existance of regional penal regims and extranational movements in the historical human memory, the modern penal philosophy thoughts and minimal state theory for safeguarding the rights and freedom individuals and regarding the minimum principals and standards of the international humanitarian law based on rational socialism to gain speed to this movement. The conflict of the national criminal systems that appear in the legislation. Juridicial and enforcement competency with regarding the absence of the negative or positive authority of the foreign penal sentence and expanding the dcliqucncy rate and world felony organization and change the traditional identification and form of international organized crime to the world trade felony and impossible of extradition ideal thought of the global ization of the criminal Law goes to fact good efforts of the United Nations Organization for compilation the Article of the international criminal court was admitted with majority of countries. The first permanent and independent world judicial institution, This court with the general competency was assigned to challenge with the important international felonies, This new institution is the beginning practical steps to the Globalization of the Criminal law and has the important role in this process. In this article the structure, Competency and applicable law in this court.
Saeedeh Safae, Touba Shakeri Golpayegani, Mohammad Farajiha, Leilasadat Asady,
Volume 29, Issue 3 (7-2022)
Abstract
The victim's intervention in the proceeding and the hearing of the pain and injuries inflicted on them are considered influential factors while passing judgment on the accused under New Zealand criminal law. The victim is either injured because of the crime or has already been vulnerable for some reasons exuberates the situation. The New Zealand criminal system assesses type and offense-seriousness in both cases to pass sentence on the accused. The present research aims to study the impact inflicted on rape victims in determining sentences. It is a descriptive, analytical study conducted using the content analysis technique. A purposive sample of 15 rape cases was selected from the New Zealand criminal system and coded using ATLAS software. The results show that if the accused is found guilty of pre-planned raping by resorting to physical violence, making sense of humiliation and severe mental harm, or rape is committed against vulnerable victims, the court aggravates the culprit's punishment based on the extent of the harms inflicted on them. It can be in the form of an increases period of preventive imprisonment, rejection of the plea for mercy or conditional discharge, the traverse of revision, and the extension of therapeutic or rehabilitation courses or compelling the offender to join them.