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    Jurisprudence and Criminal Law Doctrines ( Scientific )
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  • About the journal

    The Journal of the Jurisprudence and Criminal Law Doctrines only accepts and publishes scientific and research articles.

    The authors of articles please read the articles mentioned in the authors' guide before submitting the article.

    Completing and uploading the forms: "Conflict of interest" and "commitment form" are essential when uploading and submitting the article.

    For accepted articles will be assigned a DOI ID code.


    Most Viewed Articles

    • Open Access Article

      1 - Women and White-Collar Criminals: Comparison of Pink-Collar and White-Collar Crimes in the Law of Iran and Norway
      Maryam Kamaei Salameh Abolhasani Naghme Farhod
      Issue 4 , Vol. 1 , Winter 2023
      White-collar crimes are crimes that are mainly committed by people from the high social and economic class. Katie Daly popularized the term "pink collar". This term refers to the white-collar crimes that women committed in their workplaces. The importance of white-colla More
      White-collar crimes are crimes that are mainly committed by people from the high social and economic class. Katie Daly popularized the term "pink collar". This term refers to the white-collar crimes that women committed in their workplaces. The importance of white-collar crimes and pink-collar crimes and its wide range of impact on the basic dimensions of a society is non-negligible; for this reason, serious effort and strict planning is necessary in supervising the behavior of perpetrators of such crimes and their punishments. This research considers the gender status in white-collar crimes in Iran and Norway; that the occurrence of the white-collar crimes is gender neutral or includes a special gender; so the difference between men and women in terms of the nature of white-collar crimes and their roles in these crimes are examined. The findings of research suggest that the occurrence of white-collar crimes in Norway and Iran are similar to each other and this hypothesis that gender segregation in society and workplace is the cause of white-collar crimes is questionable. As a result, gender inequality is not the origin of the gender gap in white-collar crimes, as far as it is related to access to the labor market and other resources. Manuscript profile

    • Open Access Article

      2 - Criminalization of goods and currency smuggling in Iran and its juridical and legal foundations
      babak pourghahramani Sonia Alizadeh.sameh
      Issue 2 , Vol. 1 , Autumn 2022
      The problems caused by smuggling can be solved according to the factors that cause it. In jurisprudential texts, the phenomenon of trafficking has not been considered as an independent crime. However, according to the jurisprudential sources of the general titles that t More
      The problems caused by smuggling can be solved according to the factors that cause it. In jurisprudential texts, the phenomenon of trafficking has not been considered as an independent crime. However, according to the jurisprudential sources of the general titles that the phenomenon of trafficking is included in, the independent criminalization of the phenomenon of trafficking can be applied. Ta'zeer considers behavior that does not have Shariah limits to be punishable. Therefore, due to the silence of this issue in mahramah gains, it can be determined by examining jurisprudential sources that smuggling is a forbidden economic act and its perpetrator deserves punishment. Therefore, the rule of maintaining the system can be considered as the reason for the Sharia and legal criminalization of goods and currency smuggling. Manuscript profile

    • Open Access Article

      3 - Investigating the Impact of Creating Electronic Notification and Registration in the Process of Judicial Proceeding
      Behnam Ghanbarpor OMID GHORBANI
      Issue 4 , Vol. 1 , Winter 2023
      Today, in the judiciary, very high volume of the current cases is very high and on the other hand, the number of incoming cases is increasing. On the other hand, the imposition of costs and the prolongation of the proceedings and the use of traditional cases such as tra More
      Today, in the judiciary, very high volume of the current cases is very high and on the other hand, the number of incoming cases is increasing. On the other hand, the imposition of costs and the prolongation of the proceedings and the use of traditional cases such as traditional notification by notification agents and the like, lead to a decrease in accuracy during the proceedings and ultimately the dissatisfaction of the clients. One of the methods that is now used to reduce the delay of proceedings and also to reduce disruptions in the proceedings (crimes against judicial justice) is electronic communication based on the network. Therefore, in this study, the effect of electronic notification and registration on the process of dealing with judicial cases was investigated. Studies show that electronic notification and registration has a positive effect on the process of dealing with judicial cases. Increasing the quality of proceedings, increasing the speed of proceedings, providing electronic services to the people and the parties to the case, improving the ability of judicial supervision and reforming the statistical system, increasing the speed of response, not having to go to the court and controlling the case around the clock, registering the details of witnesses and informants in order to identify profiteers in different cases, preventing manipulation of documents and non-interference in the contents of the notification are among the advantages of electronic notification. From the point of view of clients and judges, the positive effect of electronic notification on judicial cases is the condition of updating and optimizing the electronic notification system, increasing the speed and reducing errors, increasing the security of the system, increasing awareness and training clients to use the electronic notification system, recording events along with date of bills and annexes as well as facilitating logging into the system can be effective in increasing the speed of judicial cases. Manuscript profile

    • Open Access Article

      4 - The Principle of Minimum Criminal Law in Iranian Criminal Law; Challenges and Solutions
      Taher Bakhshizadeh Tahmoores Bashirieh Hossein Gholami
      Issue 3 , Vol. 2 , Autumn 2023
      Receive Date: 2023/07/12                    Revise Date: 2023/08/20                  &nbsp More
      Receive Date: 2023/07/12                    Revise Date: 2023/08/20                   Accept Date:  2023/09/10 Abstract The principle of minimum criminal law arises from the philosophical theory of liberalism and develops the minimum criminal law in different form. The principle of minimum criminal law with respect to human beings and values such as their freedom, autonomy and right to be different and expression of the minimum role of the State and lack of its right to intervene in all aspects of human life, describes the criminal law that its scope is little and limited to essential elements. According to this principle, governments should justify the criminalization and then sanctions. The implementation of this principle faces obstacles and challenges such as: the more intervention than necessity of the country's judicial system in social conflicts, legal inflation, lack of effective protection of individual rights, a high level of conviction rate and systemic problems. To overcome these problems, we must review the principles of the penal system. The principle of minimum criminal law has effects that, based on this principle, it is possible to overcome the challenges and obstacles related to the reduction of criminal titles in Iranian criminal law. This principle takes into account the tools and requirements necessary to realize minimum criminal rights. Manuscript profile

    • Open Access Article

      5 - Comparative Examination of the Application of the Condition of Non-divorce from an aspect of Imami Jurists and Sunnis and Opposing that from an aspect of Criminal Law
      amin najafian hadi khoshnoodi
      Issue 1 , Vol. 2 , Summer 2023
      Receive Date: 2022/11/20                   Revise Date: 2022/12/20                   Accep More
      Receive Date: 2022/11/20                   Revise Date: 2022/12/20                   Accept Date:  2023/04/16 One of the most important dilemmas and challenges following family in recent years is divorce. Examination of statistics and numbers from competent authorities such as register office site, narrates the increasing process of this dilemma. Each agreement about one canonical or legal rule, practically take place in the form of ‘condition’. Limitation of divorce right as conventional could be noted as one of the reduction methods of divorce degree.  In this research by use of library sources and descriptive analytical method, engaged in comparative examination of the divorce limitation from aspect of Imami jurists and Sunnis and finds the following conclusions that first: the condemnation of divorce and attempt in finding the methods of its limitation was always as Imami jurists and Sunnis challenges. Second: some of Imami jurists and Sunnis absolutely and some others descriptively accepted the non-divorce condition and don’t know the offender as guilty and the occurred divorce operative.  Manuscript profile

    • Open Access Article

      6 - The Destinations of Religion and the Role and Place of Expediency in Legislation
      Sayyed Mohmmad Taqhi Alavi Seyedeh mahshid Miri balajorshari
      Issue 3 , Vol. 1 , Winter 2022
      According to the opinion of  justice ,the religious commandments are subject to expediencies and corruptions; as the governmental rulings are in line with the provision of social expediencies of Islamic society. Therefore, expediency at status of decree and governm More
      According to the opinion of  justice ,the religious commandments are subject to expediencies and corruptions; as the governmental rulings are in line with the provision of social expediencies of Islamic society. Therefore, expediency at status of decree and governmental rulings has an important place in Islamic jurisprudence. All Islamic religions agree that the rulings are based on the expediencies and corruptions and actually the religion has come for attracting the expediencies of the servants and keeping the corruption away from them .From the age of genesis of religion till now by reflection on the noble verses of the Quran, the Sunnah of Innocent Ones and the actions of the Companions and Islamic jurists, this conclusion is obtained that there is a close relationship between the destinations of the religion and the words expediency and corruption. It is attempted in this article that by study and reflection on the theory of destinations of religion and its relationship with expediencies and corruptions, will attain to the analysis of cases that are placed as “ absence of legal text “ or other cases of silence of law. Manuscript profile

    • Open Access Article

      7 - Zemiology; The Case Study of The Consumers’ Rights (The Challenges and Solutions)
      Adnan omrani far mahdi sheydaeiyan yegane birang
      Issue 3 , Vol. 1 , Winter 2022
      Zemiology is a nascent school that emerged from the heart of the revolutionary criminology and it has based it’s mission on the social pathology of criminal phenomena in the broader concept instead of reliance on the narrow concept of crime. Now, the main issue is More
      Zemiology is a nascent school that emerged from the heart of the revolutionary criminology and it has based it’s mission on the social pathology of criminal phenomena in the broader concept instead of reliance on the narrow concept of crime. Now, the main issue is that whether the school of zemiology with social pathology approach can identify and present a solution to the damages of the consumer’s rights as an original foundation of the economical market? The writers believe that with the complexities of the damages caused to the rights of consumers, the teachings of the zemiology can remove the challenges of the concept of crime with instructions such as; Examining the extension of the damage, the hidden entry of the damage, the long distance from creation to appearance,the ignorance of victimization, and the difficulty of assignability. This research with a descriptive-analytical method comes to the conclusion that the teachings of zemiology can cover the inadequacies of the consumer’s rights in the direction of supporting by presenting solutions and economical pathology, physical-psychological and moral pathology in the society. Manuscript profile

    • Open Access Article

      8 - Basics and Examples of Justifiability of Criminalization of Crimes against Security
      shima moradifar Javad Tahmasabi mohammad ali mahdavi
      Issue 4 , Vol. 2 , Winter 2024
      It seems that criminalization is not possible based on only one basis and opinion and for criminalization of crimes, attention should be paid to integrated or mixed theories. As these statements are more dexterous and efficient for justifying and explaining the basics a More
      It seems that criminalization is not possible based on only one basis and opinion and for criminalization of crimes, attention should be paid to integrated or mixed theories. As these statements are more dexterous and efficient for justifying and explaining the basics and the defect of one-dimensional looking is also solved. According to the current requirements of the Iran’s society and the threats toward country today and with considering the current security and military structures of the modern world, some of the behaviors are criminalized which lead to creating a threat for country's internal and external security. In customary and western law, many basics have been mentioned, however, the basics and examples that have the justifiability of criminalization of crimes against security and can be put in a logical combination are: the principle of welfare, the principle of damage, legal expediency and perfectionism. Legalism and its examples include: the necessity of establishment of an Islamic government and its preservation, the necessity of preserving the security of society, the necessity of preserving the territorial integrity and independence of the country, the necessity of preserving the popularity and political and economic power of the country. Manuscript profile

    • Open Access Article

      9 - Legal and Jurisprudence Examination of Damages Caused by Lack of Profit
      amin najafian mansoore darabi
      Issue 4 , Vol. 2 , Winter 2024
      Lack of profit is one of the types of damages that sometimes due to the breach of the promise of the obliged person and sometimes due to the act or omission causes loss, has many effects on the economic fate of the person. Damages caused by doubtless lack of profits are More
      Lack of profit is one of the types of damages that sometimes due to the breach of the promise of the obliged person and sometimes due to the act or omission causes loss, has many effects on the economic fate of the person. Damages caused by doubtless lack of profits are enumerated as losses. Harm is a customary title, and custom also considers certain lack of profit as one of the evidences of harm. The most important jurisprudence reason to prove the necessity of compensating the lack of profit is adherence to general principles and rules, such as: the basis of the wise and the rule of La-Zarar and the lack of profit is also included in the application of La-Zarar. Article 267 of the »Civil Procedure Law« also does not consider the lack of profit to be claimed; but it seems that it is possible to present an interpretation in accordance with the general principles and rules and considers the Articles of the »Civil Procedure Code« to uncertain lack of profit and the article 9 of the »Criminal Procedure Code «to certain lack of profit and separates definite and non-definite lack of profit from each other. Some experts consider lack of profit as damage, so they consider its compensation necessary. Mutually, some others do not consider lack of profit as damage. Damages caused by breach of contract can also be claimed and the most important reason for the possibility of obtaining contractual damages is that in fact, such damages are lack of profit and just as it is possible to claim damages caused by lack of profit, it is possible to verdict on the necessity of compensation in different ways. Manuscript profile

    • Open Access Article

      10 - Examination of Chastisement Right of child in Imami Jurisprudence, law of Iran and International law
      hasan falah Seyed Javad Seyed Alizadeh Ganji Behnam Ghanbarpor
      Issue 4 , Vol. 2 , Winter 2024
      From an aspect of expedience, the right to punishment is an issue that exposes children's rights to danger and abuse in national and international realms. On the other hand, chastisement of child and harming the health of the child's body and soul is an issue that paren More
      From an aspect of expedience, the right to punishment is an issue that exposes children's rights to danger and abuse in national and international realms. On the other hand, chastisement of child and harming the health of the child's body and soul is an issue that parents and guardians are clinging to it for exercising their own taste and also to disavowal their responsibility. Of course, this issue is not the same everywhere, but providing a pattern for judicial exploitation in public dealing with this phenomenon is one of the important issues of the rights of the child. In Iran’s law, on the subject of chastisement right, without considering the foundations of guardianship of the child, there isn’t distinguish between parent or other guardians. So according to mentioned aspect, the reformation of Article 9 of the »Child and Adolescent Protection Law« and Article 158 of the »Islamic Penal Code« is proposed. Manuscript profile
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    Statistics

    Number of Volumes 3
    Number of Issues 11
    Printed Articles 63
    Number of Authors 347
    Article Views 9430
    Article Downloads 3293
    Number of Submitted Articles 167
    Number of Rejected Articles 46
    Number of Accepted Articles 71
    Acceptance 40 %
    Time to Accept(day) 92
    Reviewer Count 62
    Last Update 7/7/2024