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Criminal Protection of Supply Chain of Pharmaceutical Substances in Iranian Law

Hesam Ebrahimvand, Mohammad Jafar Habibzadeh, Mohammad Farajiha
Journal PapersIranian Journal of Medical Law , Volume 14 , Issue 52, 2020 May 10, {Pages 117-161 }

Abstract

Today, programs related to" Control of Pharmaceuticals Supply Chain" have become essential and severe punishment has been anticipated to protect these programs. The experience of industrialized countries and leading countries in the field of medicine suggests that the" optimal supply chain control system" is a system based on intelligent logistic design and control so that the transparency of all processes of supplying, producing, importing, distributing, supplying, buying and selling, Storage and transportation can be guaranteed In this control system, there is no chance for" internal violation"(violation of internal rules) or" off-site abuse"(out-of-system activity). Today, both types of violations, along with a series of impediments (aim

Cloning and bioinformatics investigation on CCD4a and CCD4b genes from Iranian saffron (Crocus sativus L.).

MJ Habibzadeh, E Dorani-Uliaie, SM Ziaratnia, M Valizadeh
Journal PapersSaffron Agronomy and Technology , Volume 8 , Issue 2, 2020 January , {Pages }

Abstract

see more details is one of the most expensive spices and natural colors used in various food, pharmaceutical and cosmetic industries. In recent years, a family of enzymes enzymes Subject Category: Chemicals and Chemical Groups

Iranian Legislator’s incompatibilities with depenalization policy

Valiollah Sadeghi, Mohammad Jafar Habibzadeh
Journal Papers , Volume 8 , Issue 1, 2020 May 21, {Pages 66-86 }

Abstract

In the different periods of the history of penal developments in Iran, the legislator has always identified depenalization Measures. However, due to policy-making, programmatic and managerial measures in the past criminal justice system, new legislative Period (From 2013 onwards), can be called the expansion period of depenalization. The period that by decarceration and de-execution, It is hoped that Legislator will implement this policy. Nevertheless, it seems that unlike the superstructure level of the conscientious and expedient legislator's face, at the infrastructure level, in general and special statutes, some of incompatibilities with depenalization policy or uncertainty about new regulations has continued and even it can be claimed

Structural Analysis of Gender Justice in Punishment of Ta'zir Crime

Azam Badrimanesh, Saeed Moeedfar, Mohammad Jafar Habibzadeh, Toba Shakeri Golpaiegany
Journal Papersپژوهشنامه حقوق کیفری , Volume 10 , Issue 2, 2020 January 21, {Pages 28-Jul }

Abstract

As women's crime rates increase, gender equality is important in punishing offenses. Therefore, the issues affecting the punishment of women's crimes, including the will to commit a crime and the consequences of the punishment, are addressed. Structural stress theory and role concept are used to investigate these issues. The research method is qualitative through semi-open interviews with four groups of religious scholars, judges and lawyers, criminal law students and women's rights activists. The structural pressure that is exerted on women in different situations provides a passive will and provides them with the opportunity to commit a crime. On the other hand, punishments have more severe consequences, such as physical and mental proble

Mechanism of prisons oversight in the light of international documents and comparative criminal law

Mohammad Farajiha, Mohammad Jafar HabibZadeh
Journal PapersComparative Law Researches , Volume 22 , Issue 4, 2019 March 15, {Pages 191-220 }

Abstract

The typically covered prison’s nature in the one side, and in the perspective of authorities of these settings, insignificance or at least being low importance of people held within there in other side, creates some type of sense of immunity that sometimes expose the basic rights of detainees in an irrecoverable risk. Lack of an independent mechanism of oversight of prison/custody as well as inmates’ complaints, led to expansion of natural tendency of these settings to remain at anonymity and non-transparency. On the contrary, trying for transparency and accountability of prisons’ authorities through regular & independent oversight of their treatment with detainees, decrease the risk of power misuse in this settings, use of force with

The Contexts of Criminal Intervention in the Area of Poverty: From the War on Poverty Policy to the War on the Poor Policy

morteza arefi, Mohammad Jafar Habibzadeh, Jalil Omidi, Mohammad Farajiha
Journal PapersJournal of Criminal Law , Volume 7 , Issue 26, 2019 May , {Pages 75-107 }

Abstract

Obstacles of Access to Justice for Women Accused of Sexual Offenses in light of the

HOSSEIN NAZERIAN, MOHAMMAD FARAJIHA, MOHAMMAD JAFAR HABIBZADEH
Journal Papers , Volume 49 , Issue 1, 2019 January 1, {Pages 209-221 }

Abstract

One of the theories in the field of criminology of women is Madonna-whore. The basis of this theory is that women have an important role as a mother and a wife during their lives. Conducting a behavior contrary to the mentioned role will prevent them from doing their traditional roles. As a result, they are worthy of condemnation. Sexual crimes are in conflict with the fundamental role of women. Therefore, when they are accused of such crimes, they will be treated severely by the criminal justice system. This paper, using a descriptive-analytical method and by conducting interviews, tries to examine some of the obstacles of access to justice for women accused of sexual offenses in the criminal process. The results show that compared to men,

THEORETICAL CONCEPTS AND FOUNDATIONS ON THE OBSERVANCE OF THE RIGHT TO SILENCE AND ACCESS TO LAWYERS IN THE INTERROGATION PROCESS BY THE JUDICIARY OFFICERS

TAJ AMIR EBRAHIM RAJABI, ALI KHALEGHI, MOHAMMAD JAFAR HABIBZADEH
Journal Papers , Volume 9 , Issue 40098, 2018 January 1, {Pages 221-254 }

Abstract

Background and Objectives: Interrogation of the defendants is the center of gravity of preliminary research. Considering the necessity of supporting the principle of innocence and preserving human dignity in the process of fair trial, the main lines of the rights of defense for individuals (including the right to remain silent and access to a lawyer) during the interrogation (both global and regional) have been identified at this stage as per international human rights documents. Hence, the recognition of these constructive and strategic principles governing the fair trial, either from the point of view of the specific or common features of these principles or from the point of view of recognizing the bases governing them, is the starting p

Woman’s Right in Embryo Preservation or Abortion in Pregnancy Caused by the Rape

Horeieh Rabbany Esfahani, Mohammad Jafar Habibzadeh
Journal PapersIranian Journal of Medical Law , Volume 12 , Issue 45, 2018 September 10, {Pages 153-170 }

Abstract

Nowadays, pregnancy caused by the rape, is a crucial and complicated subject in Iranian Society which despite its’ undeniable importance, has not paid enough attention to it legally by the policy makers. In fact, this social problem has considered as aside and insignificant matter. The lack of legislation in this era, has forced the female victims to illegal abortion; this coercion caused serious injuries to them (even death) and social damages.

The Criminal Intervention in Illegal Buy and Sell of Foreign Currency Looking at the Judicial Precedent

Mohammad Jafar Habibzadeh - Mahmud Saber - Mohammad Bahoo Bahoo
Journal Papers , Volume 13 , Issue 2, 2018 March , {Pages 245-265 }

Abstract

Buy and sell of foreign currency is one of the banking operations and the Central Bank is responsible for formulating and setting its regulations, as well as monitoring their implementation. The essential criminal laws supporting exchange policies are; the Monetary and Banking law of the country approved 09/07/1972, the punishment of the disarrangers of country’s economic system approved 10/12/1990, the regulation law of the non-monetary market approved 11/1/2005, as well as the anti-smuggling of goods and currency, approved 24/12/2013. In this study, we investigate these rules and answer the question by the descriptive and analytical method that whether the criminal legislator’s intervention in the protection of the government communic

A Search about the Necessities of Applying the Obviation Rule in Punishment Execution In View of Penal Jurisprudence and Statute Law

Mohammad Ja’far Habibzadeh, Doraid Mouavi Mojab, Erfan Khorami Iraqi
Journal PapersComparative Law Researches , Volume 22 , Issue 3, 2018 November 10, {Pages 57-82 }

Abstract

و تیمتح، یگدنرادزاب تردق شهاک هب، ههبش قیداصم هعسوت ای هدعاق لومش ضرف ار اهنآ رد فیفخت مدع و دیدشت، راذگنوناق هک ییاهرفیک یارجا یریذپانزیرگ یم یهتنم هدومن دوش لباق ریغ و حیرص تاباطخ رب هدعاق نداد یرترب رد طارفا. یپ رد ار یهلا دودح ندیچرب و یراذگورف شلاچ، نوناق حور هب هجوت نودب هشدخ، هدعاق نومضم. دش دهاوخ یدح رفیک عیرشت حلاصم تیوفت ثعاب و تشاد دهاوخ راوم رد یعرش مکح یفن رب تللاد یواح، جرح لا و ررضلا هدعاق دننامه زو

Protecting the Public Interest of Criminal Law; a Comparative Study of Iran and some Countries

MAHMOOD SABER, MOHAMMAD JAFAR HABIBZADEH, AMIN AGHAEE
Journal Papers , Volume 7 , Issue 2400795, 2018 January 1, {Pages 197-224 }

Abstract

As people are actual victims of crimes against the public interest, criminal protection of public interest, undoubtedly, is an instance of People protection. However, the issue of victimization in crimes against public interest is one of the theoretical and practical controversial issues for on the one hand the consequences of such crimes are appeared after passing a long time and they, generally, are without immediate victims, and on the other hand its not possible to determine the vulnerable people and harms which are caused by any of them can affect each citizen by this portion in the community. These obstacles not only make difficult prosecution for obtaining causal relationship and offensive faults but also make compensation difficult

The Justified Foundations of Court-Appointed Lawyering and an Evaluation of the Performance of Court-Appointed Counsels in Defense of Poor Accused in Drug-Related Cases (Case?…

Jalil Omidi, Morteza Arefi, Mohammad Jafar Habibzadeh, Mohammad Farajiha
Journal Papers , Volume 48 , Issue 1001073, 2018 January 1, {Pages 26-Jan }

Abstract

Right to public defender that has been anticipated in remark 2 of article 190 and article 348 Criminal Procedure Law is based on equality before the law, prevention of wrongful conviction of innocence and state's obligation to access to justice for citizenship. Presence research with adoption of qualitative method seeks to evaluate performance of public defender in defense of poor accused in jurisprudence of Kashan. Findings of this research suggest that they with acceptance of their client's guilty want to judge apply legal leniencies bodies. Furthermore, these lawyers have not trend to challenge with judges. The consequence is that the poor defendants face with the prosecution so that they have not enough facilities. It is required to the

The Justified Foundations of Court-Appointed Lawyering and an Evaluation of the Performance of Court-Appointed Counsels in Defense of Poor Accused in Drug-Related Cases (Case …

J Omidi, M Arefi, MJ Habibzadeh, M Farajiha
Journal Papers , , {Pages }

Abstract

The Study of Criminal Sanction Regarding the Hostage-Taking in the Iranian Legal System Alongside the International Instruments

NABIOLLAH GHOLAMI, MOHAMMAD JAFAR HABIBZADEH
Journal Papers , Volume 5 , Issue 1900146, 2017 January 1, {Pages 41-72 }

Abstract

Hostage-taking as a crime with the aim of forcing a third party to commit or omit to do something has been of interest to criminals. The need to deal with this crime because of its domestic and international consequences has led to more attention of criminal legal systems to deal with it at the national and international level. The criminalization of such deed in the statute of International Criminal Court (1998) as one of the examples of war crimes is an indicator of the depth of concern of international community about the given crime. Convention against taking a hostage (1979), as the most important document tailored for this crime, has obliged the member countries to impose criminal sanctions for the perpetrators of this crime. Accordin

Constructive Assessment of “Publication and Free Access to Information Law”, by using Discourse Theory

MOHAMMAD JAFAR HABIBZADEH, MOHAMMAD FARAJIHA
Journal Papers , Volume 4 , Issue 18, 2017 January 1, {Pages 135-155 }

Abstract

According to Social Constructionist Theory, The Reality of everyday life, is the result of objectivations of subjective processes that are maintained by Linguistic significations and are reflected by Discourses. Therefore, the social realities are the product of Language and in other words, are constructed by Discourses. Crime also like other social realities is constructed similarly. So, change in Discourses, leads change in constructed Phenomenon including crimes and criminal laws. In this article, by adopting such an approach to Criminal legislative process and by using content analysis and discourse analysis method, the law of “Publication and free access to information”, has been studied. Results of research show the capability of

Criminal Liability of Credit Institutions In Iranian Law

Mohammadjafar Habibzadeh, Mahmood Saber, Hossien Samie
Journal PapersThe Judiciarys Law Journal , Volume 81 , Issue 100, 2017 December 22, {Pages 67-91 }

Abstract

The demands of today's world and the ?Commitment of ?dangerous and harmful crimes by legal entities and the need for appropriate compensation for victims of damage and judicial -criminological considerations, have convinced legal systems such to accept criminal responsibility of legal entities. It is clear for credit institutions including banks, as well as other legal entities under certain conditions, to be eligible for criminal responsibility. But accepting criminal liability for credit institutions as legal entities, is accompanied by this fundamental question: what are the conditions and criteria for assigning criminal liability to credit institutions as legal entities? Representing approach as a criteria for attributing criminal liabi

A Comparative Study of Iran Legislative Policy with Portugal and Canada

Iman Rahimipoor, Mohammad Habibzadeh
Journal PapersComparative Law Researches , Volume 20 , Issue 3, 2016 December 15, {Pages 84-110 }

Abstract

Public protection has become a key theme of much recent criminal justice legislation and policy aiming at the effective management of high-risk offenders. Harm reduction is a health-centered approach that seeks to reduce the health and social harms associated with drug use, without necessarily requiring the users to abstain. It is a non-judgmental response that meets users “where they are” with regard to their substance use rather than imposing a moralistic judgment on their behaviors. As such, the approach includes a broad continuum of responses, from those who promote safer substance use, to those who promote abstinence.This article, by employing descriptive-analytical method, describes the implementation of harm reduction policy acco

Dialogue of Iraninan Criminal Policy Legislator and judicial procedure against Illegal Acquisition of Property: With a Comparative Approach on Criminal Policy Dialogue in?…

Saman Aghalare Saless, Mohammad Jafar Habibzade, Mohammad Farajiha, Mahmood Saber
Journal PapersComparative Law Researches , Volume 20 , Issue 2, 2016 December 15, {Pages Jan-34 }

Abstract

Judicial criminal policy despite of legislative criminal policy, extends the subject of crime and the criminal consequences to the illegal acquisition of property, when it faces Article 2 of the Law of Severe Penalties. In addition, criminal behavior is extended to property acquisition through the ways, which have not been legalized by the legislator and as a result, the illegal behavior would be realized by non-action, possessing and holding property. Therefore, this article is in conformity with unfair possession. So, the judicial criminal policy, despite of legislative criminal policy, has a lot of similarities with Article 20 of Convention against Corruption on the crime issue, criminal behavior, criminal consequence and causal relation

SETTING FINE CRITERIA FOR LEGAL ENTITIES IN THE PENAL SYSTEMS OF THE UNITED KINGDOM, THE UNITED STATES AND IRAN

MOHSEN SHARIFI, MOHAMMAD JAFAR HABIBZADEH
Journal Papers , Volume 7 , Issue 113, 2016 January 1, {Pages 0-0 }

Abstract

Criminal liability of the legal person in term of capacity to bear the penal consequences of the criminal behavior makes it possible to assume them as the subject of criminal law, including fines proportionate to the crimes' nature. Fine is justified when criminal law goals are met and realized. The criminal systems have adopted and attempted various strategies for this purpose. Following the practice of the French panel law, the Iranian lawmaker has adopted the strategy of making the fines 3 to 6 times or 2 to 4 times for legal persons, concerning the cyber-crimes and other crimes, respectively. The United States criminal law applies five stages to determine guilt score and risk degree; and specifies the related punishments for the legal p

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