Typology of "currency crimes" as a "crime against the country's economic security"
مهدی
مجاهد
01234656778
author
text
article
2017
per
Typology, understanding the basics of criminalization and the effects of committing "currency crimes" are very important in the security of the economic system due to the direct impact on the country's foreign exchange resources and, as a result, influencing the exchange rate. Based on this, committing various types of currency crimes in a special situation should be considered as a crime against the country's economic security, for which the legislator has prescribed some cases of heavy punishments, including five hundred years of imprisonment Disturbance in the currency system and currency crime leading to disruption in the country's export system is one of the most important examples of this type of crime, but in a special situation, the legislature has resorted to intensifying the punishment by adopting a strict criminal policy, and some types of this type of crime has considered it as an example of the extreme crime of corruption of the land and the perpetrator deserves to be executed, which is the most severe punishment in Islamic jurisprudence and Iranian laws. The corruption of Fialarzaz is through disrupting the currency system of the country, major currency smuggling, misusing the proceeds of currency smugglers to finance terrorism, currency counterfeiting and importing fake currency. However, it is worth noting that Iran's legislator has used different criminal policies for this category of crimes in different periods. After applying a strict criminal policy in the first periods of legislation, it has turned to adjust its policy and returned to a strict criminal policy; But the common denominator of most of the legislative periods in Iran has been the dependence of the criminal policy against foreign currency crimes on government policies.
Security Horizons
Imam Hussein University
2538-1857
9
v.
33
no.
2017
5
32
https://ps.ihu.ac.ir/article_200520_f03844206e006abda4c3080f97e195cc.pdf
The principles and model of penal punishment (a case study in crimes against security)
جلیل
محبی
01234656778
author
زینب
ریاضت
author
text
article
2017
per
Deterrence, as one of the goals of punishment, has forced thinkers and legislators to take steps to reduce the number of crimes and achieve the goal of deterrence through the mechanism of severity and certainty of punishment or the combination of these two features. According to the difference of opinions about the effectiveness of these two strategies, in reaching the goal of deterrence from the four approaches of severity of punishment along with its certainty,[1] lack of severity of punishment and certainty,[2] severity of punishment and uncertainty[3] and lack of severity of punishment and certainty[4] Used. Basically, the use of any of the mentioned approaches in the legal system of any country, which is one of the essentials of planning and economy of a legal system, does not prevent the wise legislator from using the other three theories. However, the dominant theory in Islamic law and also in Iran It is severity and uncertainty and according to the theory of the criminal process which is mentioned in this article, the punishment is determined and the legislator has taken more steps in this direction in the Islamic Penal Law of 1392 than the Islamic Penal Law of 1370. This article tries to identify the foundations and model of penal punishment in Islam and Iran, with a special look at crimes against security in Iranian criminal law, to show that although the intensity and uncertainty model is a theory for general crimes in the approach of Islam, it is It is not an obstacle to use other approaches when necessary in the field of specific crimes. Therefore, in crimes against internal and external security, according to the political and security conditions, the model of severity and determinism is the rule, and the determination and implementation of severe deterministic punishment in crimes against security is on the agenda of the legislature. [1]. This approach, which is more similar to dictatorial systems, has been observed in American criminal laws. [2] In Europe, according to Montesquieu's theories in the spirit of laws, which support light punishment and criticize harsh punishments and insist on reaching the goal of deterrence with emphasis on certainty, as well as Beccaria's theoretical imitation of Montesquieu, this theory has been used. [3] This approach is more similar to the penal systems of Islam, Iran and China. [4] This approach does not create much deterrence and is not considered in principle and is generally used to declare values by the legislator.
Security Horizons
Imam Hussein University
2538-1857
9
v.
33
no.
2017
33
62
https://ps.ihu.ac.ir/article_200521_8b07620831a992a879a52a0438d3762f.pdf
From judicial security to substantive justice (a second look at the relationship between justice and security in the field of jurisprudence and national security)
هادی
حاج زاده
01234656778
author
text
article
2017
per
"Security" and "justice" are among the most ambiguous and challenging terms in the field of humanities studies. Perhaps one of the reasons for this ambiguity and controversy is the dubiousness of these two terms; This means that both justice and security are related categories and include different levels and manifestations. Addressing the relationship between these two concepts and the way of interaction between justice and security in the field of decision-making and macro-social decisions is one of the most basic decisions that every political system must comment on, because this has a direct impact on the country's national security. In this research, while paying attention to the levels, levels and issues of security and justice, and relying on the second concept of "justice", a new explanation of the relationship between justice and security has been presented. Accordingly, justice is not an obstacle on the way to security, nor is security an obstacle to justice, but justice in one sense is the foundation of security and in another sense, the result and fruit of attention to security.
Security Horizons
Imam Hussein University
2538-1857
9
v.
33
no.
2017
63
82
https://ps.ihu.ac.ir/article_200522_0ee2bcc58c6af65b6941511b88de9741.pdf
Challenges of human rights and citizenship in the fight against terrorism (a case study of the legal system of the United States of America and the Islamic Republic of Iran)
سیدمحمدمهدی
غمامی
01234656778
author
text
article
2017
per
The fight against terrorism to negate and destroy it, as one of the most important factors of disruption in public order, has always been at the top of the legislative and executive policies of any country. This struggle explains that the survival of every government and even the world community depends on a safe and legal environment, and to ensure it, planning and in the form of legal requirements, huge budgets and manpower must be spent. In this way, one of the most important duties of the government (principle 3) and the military and law enforcement forces (principles 143 and 150 and related laws) and intelligence (articles 1 and 5 of the law establishing the Ministry of Information of the Islamic Republic) in Iran is to fight and fight decisively and continuously. With any kind of vandalism, terrorism, insurrection, agents and movements disrupting the country's security. Based on this, it is necessary to determine the quality and elements of each terrorist and subversive act in accordance with the principle of legality of crime and punishment, so that the relevant institutions and officials exercise their authority to use legal methods and tools to ensure public order. The lack of valid laws or laws contrary to human dignity, along with double standards, has exposed the issue of human rights in the international and even national arena to serious harm. This article seeks to answer the question, "What are the strengths and weaknesses of the Iranian-American legal system in the fight against terrorism and the twin observance of human rights and citizenship"?.
Security Horizons
Imam Hussein University
2538-1857
9
v.
33
no.
2017
104
83
https://ps.ihu.ac.ir/article_200523_081d94cf342c821e4100341ff9246794.pdf
Normative foundations of human security doctrine
حسین
شریفی طرازکوهی
01234656778
author
جواد
مصطفی لو
author
text
article
2017
per
Security Horizons
Imam Hussein University
2538-1857
9
v.
33
no.
2017
105
142
https://ps.ihu.ac.ir/article_200524_8b9f294845c527de2ddc5f751f2927b8.pdf
Challenges of the principle of non-intervention and its place in international law
غلامعلی
قاسمی
01234656778
author
text
article
2017
per
Security Horizons
Imam Hussein University
2538-1857
9
v.
33
no.
2017
143
172
https://ps.ihu.ac.ir/article_200525_74e465b7577e9d616ec18e9b74460d64.pdf
The international responsibility of the member states of the coalition in the conflict in Yemen in the light of the internationalization of the conflict
zahra sadat
sharegh
حقوق بین الملل
author
alireza
mohammadi motlagh
حقوق
author
text
article
2017
per
در پی کنارهگیری علی عبدالله صالح از قدرت، با کشیده شدن جنبش بیداری اسلامی به این کشور و تظاهرات مردمی، ائتلاف نظامی از کشورهای عربی و آفریقایی به رهبری عربستان سعودی برای مداخله نظامی به منظور بازپسگیری قدرت از حوثیها به درخواست عبد ربه منصور هادی، انجام گرفت. حمایت از غیرنظامیان براساس قواعد حقوق بینالملل بشردوستانه، نخستین موضوعی است که طی یک مخاصمه مسلحانه طرح میشود و تعیین نوع قواعد حمایتی در مخاصمه بستگی تامی به تعیین نوع و ماهیت مخاصمه دارد. در عین حال، ائتلاف نظامی مذکور به رهبری عربستان اقدامات متعددی را از جمله بستن بنادر یمن، برای سرکوب جنبش مردمی انجام داده است.مقاله پیش رو درصدد است به این سؤال پاسخ دهد که آیا مداخله نظامی ائتلاف مذکور موجب بینالمللی شدن مخاصمه در یمن شده است تا بتوان حمایت بیشتری از مردم یمن براساس قواعد حقوق بینالمللی بشردوستانه و کنوانسیونهای چهارگانه ژنو کرد؟ در نهایت به این سؤال پاسخ میدهد که بینالمللی شدن مخاصمه چه تأثیری بر تعهدات دولتهای عضو ائتلاف و دولتهای حامی آنها دارد؟ رویه بینالمللی حاکی از آن است که بستن بنادر تحت شرایطی میتواند یک مخاصمه غیر بینالمللی را به بینالمللی تبدیل کند که مورد یمن نیز از این موضوع مستثنی نیست. بنابراین ائتلاف ملزم به رعایت قواعد حقوق بشردوستانه در مخاصمه مسلحانه بینالمللی است.
Security Horizons
Imam Hussein University
2538-1857
9
v.
33
no.
2017
173
208
https://ps.ihu.ac.ir/article_204541_153f63a9dc5d2c5d2948e53159d58bd1.pdf