-
منصور
رحمدل
author
text
article
2006
per
As a rule, like other criminal legal systems, insane people are exempted from criminal liability in Iranian criminal law. The previous penal code, replaced in 1982, had classified the mentally ill people into two groups. Those completely insane were totally free from criminal liability and those suffering from less serious mental illnesses benefit to some extent liable to a certain lenient degree. While Article 51 of the Islamic Penal Code provides that insanity, to any degree, exempts perpetrators from criminal liability. This article tries first to discuss the criminal liability of insane and mental ill people in Iran. Then, the burden of proving the sanity of perpetrators will be discussed
Private Law
University of Tehran
2008-840X
3
v.
9
no.
2006
https://jolt.ut.ac.ir/article_18365_8b7464a4bec5dac5341b12bc4bba9e21.pdf
-
سیداحمد
طباطبایی
author
text
article
2006
per
In the ethnical conflicts in Rwanda in 1994, hundreds of thousands were massacred. UN Security Council, similar to the Former Yugoslavia genocide case, established an ad hoc tribunal by adopting Resolution No. 955 on 8 November 1994 under Chapter VII of the UN Charter. The main concern of this tribunal has been the prosecution of persons responsible for genocide and other serious violations of international humanitarian law. This paper, in a general view, examines the structure, competences, and the procedure of the Tribunal. Furthermore, specific aspects of the tribunal which are important from viewpoint of international law are examined. They include the legal base of the tribunal, the privileges and immunities of the tribunal, obligations of the states to cooperate with the tribunal, and the criminal justice in regard with witnesses, victims, accused and convicted. The article also, to some extent, will provide a comparative study between this tribunal and the International Tribunal for the Former Yugoslavia
Private Law
University of Tehran
2008-840X
3
v.
9
no.
2006
https://jolt.ut.ac.ir/article_18366_0d6bb5ba5774622049a276ffdd0c613b.pdf
-
محمدابراهیم
شمسناتری
author
text
article
2006
per
One of the inhuman conducts which may be used in order to take confession from the accused or information from other is torture which has been forbidden and criminalized in the Islamic and Iranian criminal law. In addition, there are certain international and regional instruments which recommend or require the countries to take appropriate measures in their domestic laws to combat torture. Recently the Iranian parliament has enacted a legislation to protect the tights of people and combat torture. Although the legislation is a step forward in combating torture, the sanctions for its violation are not very clear. This article first discuses the concept of torture. Then the measures adopted by the Iranian legislator and those provided in international instruments will be examined
Private Law
University of Tehran
2008-840X
3
v.
9
no.
2006
https://jolt.ut.ac.ir/article_18367_7d4aea91579b40eb405eda7ca38cef88.pdf
-
علیرضا
علیزاده
author
text
article
2006
per
The sociology of law id concerned with explaining the relationship between law and society and studying of the social organization of law (as an order or a system), the social interactions of legal practitioners and people in this area and the meaning that people actually give to sociolegal realities. Among the founding fathers of sociology, Max Weber is one of the most famous thinkers that even at the beginning of 21 st century, sociological and particularly legal sociological books and essays have seriously dealt with his ideas. In this article, first we have referred to and outlined some basic concepts in his sociology, such as historicism, ideal types, rationality and legitimacy. Then the sociological definition of 'law' , three forms of political authority, four types of legal thought, three kinds of judicial system, and rationalization of law from viewpoints of Max Weber will be discussed. Finally, some of his ideas will be critically reviewed
Private Law
University of Tehran
2008-840X
3
v.
9
no.
2006
https://jolt.ut.ac.ir/article_18368_14813aab6f31c7c1107ef98c8ff2223f.pdf
-
فرهاد
خمامیزاده
author
text
article
2006
per
It is a possibility that when the parties to a contract choose the law of a country as the applicable law, that law may reject such agreement and refer the contract to another law. It is generally accepted that in such a situation, the provisions of the law chosen, excluding rules relating to conflict of laws, should apply to the contract. However, some lawyers believe that the substantive provisions of the law chosen would apply in case of express choice of law
Private Law
University of Tehran
2008-840X
3
v.
9
no.
2006
https://jolt.ut.ac.ir/article_18369_49ae91c3fb05aa10e400160353544f37.pdf
-
ایرج
گلدوزیان
author
text
article
2006
per
Suicide has been regarded as a great sin in different religions. Since 1791, two years after the French Revolution, the criminality of suicide was removed in France as people are regarded free which could decide about themselves. Euthanasia or mercy killing is the intentional killing by act or omission of a dependent human being for his or her alleged benefit. If death is not intended, it is not an act of euthanasia. In Iran, like many other countries, euthanasia is not permitted, although the use of drugs to remove pain and relieve ache of sick people is encouraged
Private Law
University of Tehran
2008-840X
3
v.
9
no.
2006
https://jolt.ut.ac.ir/article_18370_3c11f6fb15ed35b9fac3fc81d1cee6e4.pdf