"Adl va Ensaf" Comparative Law Researches Quarterly
Volume & Issue: Volume 3, Issue 9, Autumn 2020 
Number of Articles: 3

Body-Worn Cameras of Police and its Legal Function in the Iran Criminal Justice System

Pages 7-22

https://doi.org/10.22034/aeclr.2020.118098

Javad Salehi

Abstract Body-Worn Cameras is a manifestation of modern technology for police. Using of Body-Worn Cameras for police in connection with suspected and defendant has functions that have been neglected in criminal legal system of Iran. Accordingly, the law enforcement officers Body-Worn Cameras functions in legal system of Iran have importance, originality and innovation. Type of this research is practical and relies on library resources based on descriptive analytic. Research question is, what is the impact of the use of Body-Worn Cameras by police in the Iranian legal system? The research findings show that the Body-Worn Cameras of the police improves his or her relationships with the public and supreme authority assessment about his or her performance, prosecutor supervision and improves judicial reports. Police's use of Body-Worn Cameras is a form of documenting his or her actions. Ultra-direct assessment of police performance is done by controlling recorded footage of police dealing with people and making accurate decisions based on them. The use of Body-Worn Cameras should lead to a more careful judicial officer in reporting, so that compliance with the recorded video does not have obvious and gross contradictions.

Principles and models of separation of powers in Iran and democratic political systems (Britain, France, USA)

Pages 23-50

https://doi.org/10.22034/aeclr.2020.118097

noorbakhsk riahy

Abstract In today's world, the separation of powers as the cornerstone and cornerstone of democracy, the adornment of the constitution and the vassal of the rights and freedoms of the people and the main basis and purpose of this principle has been to achieve the original ideal of democracy. Now the question arises whether the methods and models of separation of powers in the Islamic Republic of Iran and the three political systems of the model and claimant of democracy, namely the British Parliament, the US presidency and the French semi-presidential / semi-parliamentary, really comply with the principles of separation of powers and democracy. The present study uses analytical-descriptive method to prove the hypothesis that the relationship between the principles of separation of powers and real democracy is like a link between a text and its footnote, and therefore it is not possible to choose different models of separation of powers as a brain teaser. Be clear with the basics of separation of powers and the characteristics of democracy. The result of the research will be that the above-mentioned countries have chosen different models of separation of powers based on apparent democracy, and it is suggested that because today's theory of the three powers no longer meets the demands of democracy, the fourth and popular power called "supervisory power" And subversion "should be considered in the constitutions of countries.

A comparative study of the purposes of punishment in Islamic and Western law

Pages 51-73

https://doi.org/10.22034/aeclr.2020.118096

Seyed Ali Rabbani Mousaviyan, zahra bakhshi

Abstract In any society, the legislature, in order to maintain order and maintain social life, has considered punishments that guarantee the implementation of the rules of each society. These punishments have goals. The holy law of Islam and Western law are no exception. In general, there are four goals for all legal or contractual punishments, which are: 1- Punishment 2- Deterrence 3- Rehabilitation 4- Disability
In this article, with a descriptive analytical method, a comparative study of these four objectives in Western and Islamic law has been done. The purpose of this study is to clarify the dark angles of the causes of punishment in the human mind. Provides more
Among the above-mentioned goals, punishment is a retrospective goal that does not pay attention to the future, so it is task-oriented, and the other three goals are forward-looking goals that do not pay attention to the past and are utilitarian. Although according to some, it is not possible to combine these goals in punishments, but it is possible in terms of prioritization and in terms of importance, and this important thing has been achieved by the Shari'a to such an extent that more than any other goal, punishment Society and support for the realization of restorative justice is given priority over other goals.