Amir Bastani

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Academic Life[edit | hide all | hide | edit source]

Dr Amir Bastani, is one of the recognised Iranian legal scholars and lawyers. He completed his Doctor of Philosophy degree at the University of Otago, Dunedin, New Zealand. He started his PhD thesis under the supervision of Professor Mark Henaghan, the dean of the Law Faculty, and Associate Professor Colin Gavaghan, in September 2011. He achieved a full scholarship from the University of Otago, Postgraduate Scholarship. Along with other Postgraduate students, he was a full-time candidate at the Law School. He migrated from Persia to New Zealand, for pursuing his legal knowledge. His thesis was one of the most unique topics in the field of criminal law: The claim of loss of self-control: some challenges of the genetic-based defence to criminal responsibility.[1] His thesis looked at the advances in science — specifically genetics — suggest that some individuals have difficulties in exercising self-control. The thesis reviewed the response of the law of New Zealand to the claim of loss of self-control.  The thesis considered the inclusion of two new defences of 'volitional insanity' (as a full defence) and 'diminished responsibility' (as a partial defence) in New Zealand criminal law. The thesis was examined by three internationally recognised academic scholars and it was accepted.[2] Academic papers, published in peer reviewed journals, were extracted from his thesis.

Before migrating to New Zealand, Dr Bastani completed his Master's degree at the University of Tehran, Faculty of Law, in the area of Criminal Law and Criminology. His thesis was accepted as a distinguished thesis: The Impact of Biological Factors on Criminal Behaviour, with the Emphasis on Genetic Factors. His thesis was supervised by one of the great academic geneticists, Associate Professor Mohammad Akrami, and a distinguished Iranian Criminologist, Professor Ali Najafi Abrand Abadi. As result of the recognition of the thesis and his recognition as the distinguished Master student in 2009, Dr Bastani published his thesis as a book in 2011.

Legal Practice[edit | hide | edit source]

As a carer, Dr Bastani took legal practice in the Iranian jurisdiction. After he completed his LLB at the Faculty of Law, Shiraz University, he was admitted to the Iranian Bar Association, Fars Branch. He became a member of the International Bar Association, Iran Branch. During his practice in Iran, he practiced in various areas of law, including international commercial law, business law, corporate law, immigration law, criminal law, family law, and human rights.

Achievements in Legal Practice[edit | hide | edit source]

During his practice he involved in high-profile cases of a rape of a 13-year-old girl by 4 men in Fars Province, a murder of a young man by 7 men, investigating high-profile cases of corruption in a famous million-dollars drug case in Sistan va Balouchestan. During his practice, he was appointed as an in-house legal adviser for the Iranian Blood Research and Fractionating Holding Company, which belongs to the Iranian This Company was a governmental company, belong to Iranian Ministry of Health and Medical Education. Dr Bastani was responsible for advising the chief executives of the Company for purchasing blood fractionating equipment from Octapharma. The value of the contract was about USD 5 millions, in 2010. Also, Dr Bastani was selected as a senior in-house legal adviser for Khanesazi Iran Investment Company, which belongs to the Iranian Social Security Organisation. Dr Bastani was responsible for advising the chief executives and financial services of the company. The company was responsible for building more than 6.3 million square meters of public hospitals, clinics, commercial and residential premises across Iran.

Current Life[edit | hide | edit source]

He is currently residing in New Zealand, and is working in his legal and academic projects. Dr Bastani is still a full member of the Iranian Bar Association, and holds his practicing as well as legal adviser certificates. He is fluent in Persian, English, and Arabic Language.

List of Published Articles and a Book[edit | hide | edit source]

  • A Bastani and C Gavaghan “Challenges to ‘a Most Dangerous Doctrine’ or a ‘Fantastic Theory’ of Volitional Insanity” (2016) 47/4 (VUWLR) 545.[3]
  • A Bastani, SM Akrami and V Karimirad Biological and Genetic Factors of Criminal Behaviour (Mizan Publication, Tehran, 2011) (Farsi).
  • C Gavaghan and A Bastani “Genes, Blame and Loss of Control: is there a Place in Criminal Law for a 'Genetic Defense'?” (2014) 8 Recent Adv DNA Gene Seq 119.[4]
  • A Bastani and C Gavaghan “Is the Law Compatible with Demanding a High Threshold for Accepting the Genetic Defences as the Basis of an Exculpatory Insanity Defence?” Crim LJ.
  • SM Akrami, A Bastani, MH Modaresi, Kh Reyhani and V Karimirad “Genetic or Environmental Factors, which one Predicts Human’s Future?” (2012) 2(4) Iranian Journal of Bioethics 181.
  • SM Akrami, A Bastani and Z Osati “Preventing Medical Error in Therapeutic Abortion” (2010) 3(4) J Med Ethics Hist Med 27.
  • SM Akrami, A Bastani and V Karimirad “Ethical Dilemmas with the Science of Forensic Genetics” (2009) 5(18-19) Iranian Journal of Ethics in Science and Technology 36.
  • A Ismailabadi, H Y Moghadam and A Bastani “The Ethical and Legal Considerations in Human Cloning” (2008) 1(2) J Med Ethics Hist Med 37.
  • A Ismailabadi and A Bastani “Legal and Ethical Criticism of Lobotomy” (2008) 1(1) J Med Ethics Hist Med 17. A Bastani “Poverty Impacts on Increasing Social Pathologies” (2008) 2(17-18) Journal of Cultural Engineering 34.
  1. Bastani, Amir (2015). The claim of loss of self-control: some challenges of the genetic-based defence to criminal responsibility. Dunedin, New Zealand: Otago University, New Zealand.
  2. Bastani, Amir (2015). The claim of loss of self-control: some challenges of the genetic-based defence to criminal responsibility. Dunedin, New Zealand: Otago University. p. 3.
  3. Bastani, Amir (December 2016). "Challenges to "a Most Dangerous Doctrine" or a "Fantastic Theory" of Volitional Insanity" (PDF). Victoria University of Wellington, New Zealand. 47/4: 545–584 – via Faculty of Law, Victoria University of Wellington.
  4. Bastani, Amir (Summer 2014). "Genes, blame and loss of control: is there a place in criminal law for a 'genetic defense'?". Recent Adv DNA Gene Seq. 8 (2): 119–125.