List of articles (by subject) Jurisprudence and Criminal Law Doctrines
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Open Access Article
1 - A Comparative Study of The Khamsah Religions Regarding the Position of La-Haraj Rule in the Issue of Polygamy with a look at the Criminal Law of Iran
amin ghasemifar Mohsen Razmi Hosein Ahmari Ahmad fooladianThe La-Haraj rule is one of the most advanced jurisprudence rules, which while having reliable narrative and rational foundations, has a wide realm and includes everything from worships to transactions. Polygamy is one of the topics where the use of La-Haraj rule is dis MoreThe La-Haraj rule is one of the most advanced jurisprudence rules, which while having reliable narrative and rational foundations, has a wide realm and includes everything from worships to transactions. Polygamy is one of the topics where the use of La-Haraj rule is discussed. The following article deals with this issue that a husband or a wife can refer to the La-Haraj rule and use it or not for the permission of polygamy or divorce. By examining the sources of Imami and Popular jurisprudence, it is found that the La-Haraj rule is a rule based on personal conditions and its examples are inexhaustible and a husband does not need to rely on the aforementioned rule for polygamy. From Imami jurists’ point of view, La-Haraj rule can help wife in obtaining a divorce decree; even though polygamy is permitted by law. Popular jurists are against this attitude. Application of the La-Haraj rule for the wife is clearly reflected in Article 1130 of the Civil Code and its note, and it once again confirms the effectiveness of Iran’s laws from the perspective of Imami jurisprudence. Manuscript profile -
Open Access Article
2 - Examination of Chastisement Right of child in Imami Jurisprudence, law of Iran and International law
hasan falah Seyed Javad Seyed Alizadeh Ganji Behnam GhanbarporFrom 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 MoreFrom 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 -
Open Access Article
3 - Rethinking the criminal policy of Imami criminal jurisprudence against political crimes )With an approach to crimes: prostitution, moharebeh and apostasy (
mohsen moosavifar kazem khosraviDifferent penal systems have different reactions to crime and perversion; Some legal systems, by distinguishing between the concept of crime and deviation and relying on the principle of minimal criminal law, avoid criminal responses to deviations and respond equally to MoreDifferent penal systems have different reactions to crime and perversion; Some legal systems, by distinguishing between the concept of crime and deviation and relying on the principle of minimal criminal law, avoid criminal responses to deviations and respond equally to society and its civil institutions. Conversely, systems with pervasive authoritarian criminal policies do not accept this distinction and respond to deviations in a criminal and repressive manner based on maximum intervention and criminalization. The criminal policy of Imami criminal jurisprudence regarding the criminalization of the extreme criminal titles: fornication, moharebeh and apostasy, which are also considered to be included in the title of political crime, is in which of the mentioned tendencies? The present article, by examining these topics, in the sources and texts of Imami criminal jurisprudence, based on the principles of jurisprudence, intends to achieve it. The study reports the conclusion that the Islamic penal system is based on narrowing the scope of criminalization of the criminal titles of the limit: adultery, moharebeh and apostasy, and as long as the speech and behavior of individuals, only the expression and Do not go beyond expressing an opinion contrary to Islamic rule, it is not included in the mentioned criminal titles. Manuscript profile -
Open Access Article
4 - The Access of Refugee Victim Women to Criminal Justice; Challenges and Solutions(Reflecting on the International Documents)
Zahra Ansarifar Samira Golkhandan Akbar RajabiThe purpose of the following article is to explain the situation of refugee women in terms of victimization and their access to criminal justice. Refugee women, due to the special situation they are in, are considered a suitable target for criminals and the possibility MoreThe purpose of the following article is to explain the situation of refugee women in terms of victimization and their access to criminal justice. Refugee women, due to the special situation they are in, are considered a suitable target for criminals and the possibility of occurrence of crimes against them is always assessed at high level. These women, who are a special, sensitive and vulnerable stratum, must have the conditions of full access to justice, especially in terms of criminal justice. This article, by focusing on national and international legal documents and analyzing the information obtained from them, examines the situation of refugee women in terms of victimization and the challenges beyond them, in accessing criminal justice and efforts to achieve the solutions of solving the addicted challenges. The findings show: although refugee women need special legal and judicial support due to the experience of various violence and the increase probability of repeating the experience of victimization and their access to criminal justice faces many challenges, but still the criminal systems don’t provide the necessary platforms for protection of the rights of this group of victim women. Manuscript profile -
Open Access Article
5 - The Principle of Minimum Criminal Law in Iranian Criminal Law; Challenges and Solutions
Taher Bakhshizadeh Tahmoores Bashirieh Hossein GholamiReceive Date: 2023/07/12 Revise Date: 2023/08/20   MoreReceive 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
6 - COVID-19 and the Significant Increase in Suicide Rate in Iran
Mohaddeseh Asgharian hasan hajitabar firozjaee Mehdi EsmaeeliReceive Date: 2023/06/25 Revise Date: 2023/08/29   MoreReceive Date: 2023/06/25 Revise Date: 2023/08/29 Accept Date: 2023/09/10AbstractThe main aim of this research is the recognition of effective causes and factors in increase of suicide and offering approaches in prevention of suicide in period of coivd-19 and post covid-19 in Iran. In this research, the cases of dead people were surveyed in Alborz province in 1400 and information related to suicides was extracted from the forensic medicine files. Researches then contacted with the families to survey the causes of suicide and complete questionnaires to collect the required information. Data was analyzed using descriptive analysis statistics to determine the frequency of causes, risk factors and suicide methods. This results showed that 180 cases out of 260 successful suicides were male and 80 cases were female. The most common suicide age was the third decade of life and most statistics of suicides were among individuals with elementary education. In 38 percent of cases, the cause of suicide was unknown; but where the cause was identified, the most common cause was mental disorders. Overall, hanging with 45.5 percent was the most common method of suicide. The most common method among male was hanging and among female was poison consumption that there was significant relationship between method of suicide and gender. Self-immolation was in high rate in both gender and involved 35 percent of female. The covid-19 pandemic has been significantly associated with increasing suicide rates in Iran, especially between young men and people with lower education. Emphasizes on providing psychological and economic protective programs focused on societies at-risk is necessary in confronting with this worried increase. Manuscript profile -
Open Access Article
7 - Prevention of Green Crimes with Approaches of Critical Criminology
ahmad pourebrahim Receive Date: 2023/05/29 Revise Date: 2023/08/12   More Receive Date: 2023/05/29 Revise Date: 2023/08/12 Accept Date: 2023/09/10 Abstract Crimes against environment are applied to measures that under specific conditions, resulted in pollution, destruction or damage to epitomes of environment. The importance of prevention of these crimes is because of that, there is direct relationship with healthy of human beings. Furthermore, should be added that with globalization of economic and cultural processes, the crisis of environmental damages is reflected in more pervasive level that in this approach, at first, the green criminology started to work with a kind of pessimistic view about this kind of subjects and prevention of environmental crimes and being critical is the most important factor of green criminology. Since environment is noticed as a value and legal expediency, in recent decades, so prevention of related crimes with them is so important. Most countries performed special criminal system in this matter; so this important subject in forming legislative criminal policy about protection from environment is possible to study and survey. Each wise person with comprehension of these threats, will understands that the solution is exclusive to prevention from continue of destruction and protection of environment; furthermore, in this research, will try to survey green criminology and effect of its findings in criminal law of Iran in prevention of environmental crimes. Manuscript profile -
Open Access Article
8 - Critical analysis of Article 350 of the Islamic Penal Code with an approach to jurisprudential principles
Ramin Faghani Esmaeil Qandvar Bijar PasAlthough, at first glance, retribution is the realization of the right, but typically, its implementation brings with it the bitterness of two irreparable harms to society and the family. The global movement to eliminate or reduce the maximum death penalty as reflected MoreAlthough, at first glance, retribution is the realization of the right, but typically, its implementation brings with it the bitterness of two irreparable harms to society and the family. The global movement to eliminate or reduce the maximum death penalty as reflected in international treaties and treaties and the new criminal policy of the Iranian legislature in order to reduce the number of those executed while maintaining the basis of Sharia law and Imami criminal jurisprudence. It follows that the importance of re-reading the literature of the jurisprudence of retribution and, consequently, amending some articles of the Islamic Penal Code, based on the jurisprudential views analyzed in the literature of criminal jurisprudence, is evident. In this regard, the present article, with a cognitive view of the punishment of retribution, referring to Articles 350 and 422 of the Islamic Penal Code, which is based on the independent view of the right to retribution and its principles and is attributed to the famous, introduces the jurisprudential view of the totality of the right Qisas takes place and in the process of criticizing the foundations of each of these two views and showing the inadequacy of the citations of the famous view, he rereads the criminal policy of Shiite criminal jurisprudence regarding the punishment of Qisas, which, as a result, proposes amendment. It has the mentioned materials in its practical achievement. Manuscript profile -
Open Access Article
9 - Examining the Legal and Criminal Aspects of the role of Semantics and Discourse Analysis to Improve Judicial Testimony in Courts
Zohreh Bahrami Davood Madani Mahmoud QayyumzadehOne of the most important evidences of judgments in judicial courts is reference to the testimony of witness, since slips and mistakes have been and continue to be with humans. Therefore, in the issue of testimony, sometimes people take their personal motives, interests MoreOne of the most important evidences of judgments in judicial courts is reference to the testimony of witness, since slips and mistakes have been and continue to be with humans. Therefore, in the issue of testimony, sometimes people take their personal motives, interests and intentions into account and based on that, they testify. Accordingly, there is a need for legal linguistics to distinguish between true and false testimony and other failures in testimony. Therefore, the following research, focusing on the two aforementioned principles, explains the legal and criminal aspects of the role of semantics and discourse analysis in order to improve judicial testimony in the courts through a case study. The results of the research show that Hyland’s model monitors the words and expressions used in witness testimony but Grice’s principle is based on phrases and sentences of witness testimony. So Hyland’s model is more effective than Grice’s principle in distinguishing true from false testimony. The Hyland’s principle, by means of its meta-discourse tools, determines the witnesses’ knowledge of the events and challenges and shortcomings of the witnesses’ statements, based on which the courts can distinguish true from false testimony. Manuscript profile -
Open Access Article
10 - Situational prevention, with an environmental design approach, in reducing social housing theft (a case study of “Maskane Mehr” in Rasht)
Sayyed Ali Jabbar Golbaghi Masouleh Sasan MalekmotieiIn environmental construction, improper design creates the risk of crime. Prevention through "environmental design" reduces the opportunity for criminals to commit criminal acts. Due to the increase in the occurrence of thefts, it is necessary to comply as much as possi MoreIn environmental construction, improper design creates the risk of crime. Prevention through "environmental design" reduces the opportunity for criminals to commit criminal acts. Due to the increase in the occurrence of thefts, it is necessary to comply as much as possible with the rules of environmental design in the construction of social housing. In the following article, the factors of theft crime in Maskan Mehr in Rasht are investigated on a case-by-case basis. It is clear that its origin is the neglect of situational prevention. Matching and evaluating the design of Maskan Mehr in Rasht with environmental design components, it is determined that, in the internal and external environment of this project, things such as: territory, surveillance, access control and making it difficult to achieve criminal goals have not been observed. The lack of these components has had an important impact on the occurrence and frequency of theft. Therefore, their correct implementation in social housing projects, such as Maskan Mehr, is the way to prevent the crime of theft in these settlements and residential complexes. The implementation of environmental design rules, while improving the security factor, is a great help to reduce the exorbitant costs of providing security and pursuing criminals. Manuscript profile -
Open Access Article
11 - Iran's Legislative Approach to Suspicious Transactions Reporting(STR) for Money Laundering and its Legal, Jurisprudential and Executive Challenges
Amir jamali hajiani Esmaeil Abdollahi Ahmad MirzaeiReceive Date: 2023/04/15 Revise Date: 2023/07/03   MoreReceive Date: 2023/04/15 Revise Date: 2023/07/03 Accept Date: 2023/07/05 The reporting of suspicious transactions, emphasized in Recommendation 20 of the FATF, is considered the cornerstone of the fight against money laundering, and the success of all anti-money laundering measures depends on it. Therefore, the present study employs a descriptive-analytical approach with the aim of familiarizing the reader with the requirements for reporting suspicious transactions related to money laundering and examines the legal, jurisprudential, and executive obstacles that impede the reporting of suspicious transactions. In conclusion, the study investigates the position of Iran in comparison with global standards and highlights the most significant legal, jurisprudential, and executive challenges facing the reporting of suspicious transactions. The findings indicate that in the anti-money laundering regulations of Iran, especially in the amended law on combating money laundering ratified in 2018 and its executive directive of Article 14 ratified in 2019, necessary measures have been taken in line with international standards to report suspicious transactions, and the necessary structures have been established. However, professional secrecy rules, the principle of validity, Presumption of possession, policies related to capital attraction in banks, and high compliance costs with anti-money laundering standards may overshadow this important principle in the fight against money laundering and may cause disruption in the desirable path of reporting suspicious transactions. Manuscript profile -
Open Access Article
12 - Jurisprudence Legal Examination of the Criminal Sanction of the Non-divorce Condition
amin najafian mostafa ghafourian nejadReceive Date: 2023/04/11 Revise Date: 2023/06/12   MoreReceive Date: 2023/04/11 Revise Date: 2023/06/12 Accept Date: 2023/07/05 According to the verses and traditions, the right to divorce is in the disposal of the man that sometimes some men abuse of this right. In order to prevent abuse of the right to divorce, it is possible to limit the right of a man to divorce contractually under the marriage conclusion and as a stipulation. There is no doubt about the legitimacy of the contractual limitation of the right to divorce a husband as a condition of the verb. This means that the husband undertakes not to divorce his wife, except in special cases such as disobedience or inability due to special marital issues. The condition of non-divorce while the marriage conclusion is the legal omission, because divorce is a legal act and the condition of abandon is the legal omission; therefore as a civil and criminal approach, could has criminal sanction. Apart from civil sanctions; such as spiritual compensation, nullity and non-influence act and 0peration of the violator of the condition of non-divorce, the criminal sanction; such as financial penalty, non-registration of divorce, etc can also be considered. The current research will examine the criminal sanction of the condition of non-divorce. Manuscript profile -
Open Access Article
13 - Criticism of the jurisprudential bases of selling credit currency
Aliakbar Eyzadifar Esmail Qandvar BijarpasThe development of human societies in today's world, and as a result, the growth and diversity of human needs, has led to the expansion of transactions. It is like a transaction, an important and all-encompassing phenomenon of money. The need to avoid usury is the reaso MoreThe development of human societies in today's world, and as a result, the growth and diversity of human needs, has led to the expansion of transactions. It is like a transaction, an important and all-encompassing phenomenon of money. The need to avoid usury is the reason for the sensitivity of jurists regarding money transactions. Imami jurists have presented various opinions about the legitimacy of selling credit money. Some Shia jurists, based on the evidence of the non-inclusion of the concept of sale in relation to the purchase and sale of credit money; Non-fulfillment of the sale, in the exchange of same-sex changers; The lack of serious intention of the loyalists towards the sale of banknotes; And the usury of such transactions does not allow the sale of credit money. Another group of Imamiyya jurists, based on the evidence of the non-existence of the provisions of mere sale, in the purchase and sale of banknotes; The customary validity of the title of sale, for the absolute nature of the banknote transaction; Absence of usury rule in the sale of credit money, due to the fact that the money is not legal and balanced; And the lack of legal and customary obstacles in such transactions, they consider the sale of credit money as correct. The present article, by studying the jurisprudential texts of Shia jurists, has reached the conclusion that the opinion of those who permit the sale of credit money is correct when the intention of the sale is not to avoid usury and not to seek profit. Manuscript profile -
Open Access Article
14 - Feasibility Study of Laboratory Abortion in Criminal Law of Iran
Jamal BeigiIn vitro fertilization is one of the emerging issues in medical science, which is called laboratory embryo. In terms of the commonality of the in vitro embryo with the normal embryo, in addition to the obvious difference between the two, there are several legal question MoreIn vitro fertilization is one of the emerging issues in medical science, which is called laboratory embryo. In terms of the commonality of the in vitro embryo with the normal embryo, in addition to the obvious difference between the two, there are several legal questions about the rights and rulings of the in vitro embryo, including the rule of abortion in vitro fertilization. Until after the soul is breathed into it; That the life of a laboratory fetus, like the life of a natural fetus, has criminal protection and that abortion is a crime and requires the conviction of the perpetrator, the same punishment as a natural abortion; Therefore, the present article, with the aim of explaining the legal challenges and legal vacuum of criminalizing laboratory abortion in Iranian criminal law, by examining the reasons for the existing views, examines laboratory embryos with natural embryos in terms of criminal protection of the right to life and The possibility of criminalizing laboratory abortion is achieved. Manuscript profile -
Open Access Article
15 - Criminalization of goods and currency smuggling in Iran and its juridical and legal foundations
babak pourghahramani Sonia Alizadeh.samehThe 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 MoreThe 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
16 - The Destinations of Religion and the Role and Place of Expediency in Legislation
Sayyed Mohmmad Taqhi Alavi Seyedeh mahshid Miri balajorshariAccording 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 MoreAccording 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
17 - Moral foundations of law in legislative politics with an approach to commercial law
Mahmoud Erfani amirreza mahmoudiTrade and transactions is an area in which the observance of moral principles and foundations is emphasized by Islam and is one of the main pillars guaranteeing the sustainability of social and economic life. In the following article, an attempt has been made to show th MoreTrade and transactions is an area in which the observance of moral principles and foundations is emphasized by Islam and is one of the main pillars guaranteeing the sustainability of social and economic life. In the following article, an attempt has been made to show the relationship between the moral principles and foundations of Islam and business law in the legislative policy of Islam by referring to business rules in Islam, examining Shari'a texts and analyzing many examples of the function of ethics in Islamic business law. Ethical principles and foundations should be revealed over legal rules in business relationships and transactions. Since the purpose of this research is to present the ethical structure of Islamic business law in the context of Islamic legislation, it is not important to express the conflicts and approaches of different schools of jurisprudence in this research, and the importance of business for social life and the existing views about The relationship between business law and moral principles and foundations is explained by approaching the teachings of Islamic law. Manuscript profile -
Open Access Article
18 - Analysis of the Commandment of the General Object of Sale from a Jurisprudential and Legal Aspect
abbas taghvaee abbasali soltaniThe topics related to the commercial transactions are among the important topics in the jurisprudential and legal texts, which have influenced the current law of Iran, both theoretically and practically , for the reason of borrowing the general rules of tran MoreThe topics related to the commercial transactions are among the important topics in the jurisprudential and legal texts, which have influenced the current law of Iran, both theoretically and practically , for the reason of borrowing the general rules of transactions from Shi’as jurisprudence . Todays, with expansion of the societies and changes in the shape and lifestyle, because of coordination and possibility of responsibility of some rare jurisprudential opinions existing in jurisprudential sources for the new issues resulting from this change, the importance and efficiency of this category of jurisprudential opinions is visible and obvious; Therefore, the present article with the view of rare jurisprudential opinions analyses the issue of general object of sale and in this research in terms of the historical development of the jurisprudential data available among the ancient and contemporary jurists, it was known that it is possible to judge the validity of the the transaction of the general object of sale based upon these findings that in the present time is widely observable in the industrial productions and products resulting from the modern technologies. Manuscript profile -
Open Access Article
19 - The study of "annual price index change" from the perspective of Imami jurisprudence
syyad rahmatolla danesh mir kohanArticle 522 of the "Civil Procedure Law" considers the debt payment criterion to be "annual price index change". The Central Bank of the Islamic Republic of Iran determines that this criterion is general and therefore includes "increasing the value of money". Considerin MoreArticle 522 of the "Civil Procedure Law" considers the debt payment criterion to be "annual price index change". The Central Bank of the Islamic Republic of Iran determines that this criterion is general and therefore includes "increasing the value of money". Considering the necessity of respecting the real rights of each party, this problem arises that from the perspective of Imamiyyah jurisprudence, what amount is the debtor obligated to pay in the assumption of an increase in the value of money? The present article, based on the foundations and sources of Imami jurisprudence and examining the jurisprudential opinions of Shia jurists, tries to prove this hypothesis that in the assumption of an increase in the value of money, the purchasing power of money in religion is a criterion for fulfilling the right. What if the obligation reaches its end, the value of money increases sharply and the change of the annual index is taken into account to pay the debt. In case of inability, the debtor bears the loss, and in the case of the debtor's financial ability and his refusal to pay, the creditor bears the loss, and both cases are in severe conflict with the fair payment intended by jurisprudence. Manuscript profile -
Open Access Article
20 - The Structure of Urban Planning System in the Context of Social Harm (Zemiology)
JAVAD AZAM SADEGHI Abbas Sheikholeslami hamidreza mirzajaniThe theory of Zemiology (social harm) goes beyond the discourse of "crime" and "criminals" to study the significant physical, mental, and economic harms resulting from structures. It provides solutions for reforming and changing the criminal justice system and preventiv MoreThe theory of Zemiology (social harm) goes beyond the discourse of "crime" and "criminals" to study the significant physical, mental, and economic harms resulting from structures. It provides solutions for reforming and changing the criminal justice system and preventive measures based on structural reform. Despite the majority of the country's population living in cities and the effects of harm in the urban planning domain, research on the structure of the urban planning system, including urban planning and management systems, from the perspective of social harm has not been observed. In this study, the structure of the urban planning domain has been examined using a descriptive-analytical method. The structure is based on organizational conflicts of interest placing the urban planning system at a crossroads between combating violations or generating revenue from these areas, leading to the approval of urban development plans that are the source of many violations resulting in harm to the urban planning domain, the reactive approach of legal bodies and relevant authorities in combating violations and crimes in the urban planning domain, absence of preventive mechanisms for under-construction and operational buildings are among the most significant structural causes in urban planning systems that have led to the creation and increase of harmful factors such as marginalization, construction and persistence of unsafe and non-standard buildings, air pollution in cities, and an increase in damages and casualties resulting from earthquakes, floods, fires, etc., in cities. Reducing harm from the urban planning domain requires reforming the structure of this domain, and in this study, some of the most important reforms Various strategies have been explained and suggested. Manuscript profile -
Open Access Article
21 - 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 khoshnoodiReceive Date: 2022/11/20 Revise Date: 2022/12/20 Accep MoreReceive 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
22 - The condition of proving or enforcing gender equality in the execution of Qisas
seyyed mostafa mohagheghdamad kazem khosraviOne of the conditions for proof or implementation of Qisas is gender equality. Islamic jurists have given many opinions about it. Regarding the acceptance of the difference between men and women's “diya”, there are different opinions regarding the type of pu MoreOne of the conditions for proof or implementation of Qisas is gender equality. Islamic jurists have given many opinions about it. Regarding the acceptance of the difference between men and women's “diya”, there are different opinions regarding the type of punishment for intentional crimes of a Muslim man compared to a Muslim woman. So that some jurists consider the condition of equality in gender as one of the conditions for proof of retribution. Some consider “Diyah” and “Arash” as a substitute for revenge. Some also rule in the case of intentional crimes by men against women, absolutely, without proof of retribution, or accept retribution only in case of equality of the member's dues. In the case of intentional crimes, where the member's compensation for the crime reaches one third of the compensation or more, they order retribution. This is despite the fact that the majority of Imami jurists consider gender equality as a condition for execution of Qisas. In intentional crimes committed by a man against a woman, where there is a difference in dowry, the implementation of qisas depends on the payment of the difference in dowry by the woman or her guardians. It seems that by studying the evidence cited by the jurists in accepting this condition (either in the proof stage or in the execution stage), it can be supported by the confirmation of the rulings related to the dowry and also considering the effect and role of the element of time in the inference of this The rulings, the basis for accepting this condition is shaky and the said condition is considered to be rejected for proof or execution of Qisas. Manuscript profile -
Open Access Article
23 - Analysis of the Role of Community-Oriented Police in the Light of Restorative Justice (with an Emphasis on the Criminal System)
SEYYED SAJJAD razzaghi mousavi mehrdad rayejianasliReceive Date: 2023/01/01 Revise Date: 2023/04/30 Accep MoreReceive Date: 2023/01/01 Revise Date: 2023/04/30 Accept Date: 2023/05/07 Police institutions, which have a long archaism in different societies, were formed with the main purpose of maintaining public order and preventing crime occurrence. This institution, like public order, has evolved over the past decades in accordance with the evolution of the society's understanding of the criminal phenomenon and has shifted from traditional approaches to the new and community-oriented approaches. Nowadays, countries have faced an increase in crimes, which has caused insecurity and mistrust to the police in the society. In order to deal with this insecurity and mistrust, the governments decided to decentralize the police and also assign an important role to the society in fighting against crimes. Also, according to the current society's need for a police model which is different from the traditional police model, a restoration police was formed to respond to these needs. By using the descriptive-analytical method, the following article acknowledges the important and influential role of the police in resolving disputes and criminal issues as one of the actors of the criminal justice system. Among the most important preventive strategies of community-oriented police, we can point out the realization of interactive police instead of repressive police, the realization of ethical police instead of forceful police and playing the role of warning police instead of chasing police. On the other hand, changing the strategy from violent policies to participation-oriented criminal policies and also moving in the direction of community-oriented police model governance are among these requirements. In other words, the implementation of rehabilitation programs in the police organization requires the trust of the victims in the police as well as dignified behavior towards the victims. Manuscript profile -
Open Access Article
24 - Zemiology; The Case Study of The Consumers’ Rights (The Challenges and Solutions)
Adnan omrani far mahdi sheydaeiyan yegane birangZemiology 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 MoreZemiology 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
25 - The view of the rule of justice with an approach to the literature of Imami jurisprudence
Abbasali SoltaniThe effect of identifying and applying the new rules of jurisprudence, in empowering Shiite jurisprudence more, during the inference and analysis of jurisprudential rules and, consequently, in the expansion and excellence of Shiite jurisprudence and also increasing its MoreThe effect of identifying and applying the new rules of jurisprudence, in empowering Shiite jurisprudence more, during the inference and analysis of jurisprudential rules and, consequently, in the expansion and excellence of Shiite jurisprudence and also increasing its power and efficiency in the field of accountability It is undeniable to the new needs and issues of the society. Fairness and justice is one of the important interventions in various chapters of jurisprudence that a significant number of jurisprudential rules are conditional or focused on it and today, in jurisprudence literature, it is viewed from different internal and external perspectives. And it is talked about with different approaches; Therefore, the present article tries to identify the rule of fairness with which, of course, the literature of Shiite jurisprudence is long familiar and is current and prevalent alongside the ideas and jurisprudential writings of Shiite jurists. It lays the foundations for the provability of the normative view of fairness and shows examples of its application in the literature of Shiite jurisprudence. Manuscript profile -
Open Access Article
26 - Analyzing the Transaction with the Intention of Evading Debt based on the Principle of Contractual Security
Hasan Omidvar mahdi sheydaeiyan Yegane Birang Adnan Omrani farAmong the threatening factors of contractual security are the use of clever methods by the debtor to prevent the confiscation of property and the fulfillment of the claim by the creditor and generally evading social and economic obligations, which in legal terms is call MoreAmong the threatening factors of contractual security are the use of clever methods by the debtor to prevent the confiscation of property and the fulfillment of the claim by the creditor and generally evading social and economic obligations, which in legal terms is called a transaction with the intention of evading debt. In the meantime, what causes the loss of contractual security and weak credit in business relations with others is the trick of the debtor to avoid paying the debt and harming the creditor due to non-fulfillment of all or part of the demand. It seems that according to the illegitimate nature of this type of transactions, reference to Article 40 of the Constitution with an emphasis on the La-Zarar rule, as well as the precedence of the internal volition over the external volition in contracts and since the debtor's property is the basis of his financial obligations and the creditor trusted him on the basis of this general guarantee and with the loss of this support, he not only caused an undue loss to the creditors but also undermined the security of trade and social trust. It is possible to review the verdict of this type of transaction, which the user of Article 218 of the Civil Code deems invalid only if they are formal, without any conditions, a sentence can be issued to prohibit or invalidate transactions with the intention of evading debt and the basis of invalidity was the public order arising from the principle of contractual security, but in French law, transactions with the intention of evading debt, in terms of the status of legal practice, are in accordance with the lack of citation and cannot be cited against valid parties, but against the creditor to the extent that it is detrimental to him; but if the third party benefits from the concluded legal action, he can rely on it. Manuscript profile -
Open Access Article
27 - Identification of Dimensions and Components of the Criminal Policies in Different Stages of the Proceedings of Economic Crimes
Morteza Rezaei Mahmoud Qayyumzadeh Hossein Khosravi Amir MolamohammadaliThe influence of criminal populism in the field the economic crimes policy-making has caused that the strict emotional, diurnal and criminal incident-based policies will be approved and implemented while these programs have not been scientifically evaluated. Upcoming ar MoreThe influence of criminal populism in the field the economic crimes policy-making has caused that the strict emotional, diurnal and criminal incident-based policies will be approved and implemented while these programs have not been scientifically evaluated. Upcoming article in examining the populist criminal policies in different stages of the proceedings of economic crimes with the aim of reducing such criminal policies achieved this conclusion that adopting the immediate , short-term and propagandistic criminal policies and programs , focusing on the strict criminal responses, emphasizing on the exhibitive aspects in the trial and execution of the sentence, defamation of the convicts by disclosing their identities, creation of untimely organizational structures and the dominance of the media discourse over control policies are from most important manifestations of criminal populist policies in Iran. Adopting populist policies in dealing with economic crimes has consequences such as: policy-making with the aim of gaining public acceptance, inflation of criminal laws, tendency to strict mechanisms, reduction of the judges' liberties in determining punishment, limitation of fair trial criteria . Impressionability of the public opinion from the media political space and the emotionalization of the prevailing atmosphere against economical corruptions provide appropriate platforms for the adoption of immediate, short-term and propagandistic criminal policies and programs. In practice, these policies have caused the formation of new structures to deal with economical corruptions and creation of double responsibility of crime control institutions in the manner that the failure of the criminal justice system and new established institutions in achieving the determined goals caused pessimism and unreliability of the people in regard to the efficiency and effectiveness of the criminal justice system and economical anti-corruptions institutions . Manuscript profile -
Open Access Article
28 - Analysis of the Challenges of Alternation of the Services of Public Utility with the Punishment of Imprisonment with an Approach on the Judicial Procedure
Mojtaba Farahbakhsh Ahmad Ramazani Qasim Ali TavasoliThe forward article has investigated the backstage challenges of the services of public utility at the status of an alternative punishment to imprisonment and the feasibility of solutions of exit from mentioned challenges .The results of research indicate that not insti MoreThe forward article has investigated the backstage challenges of the services of public utility at the status of an alternative punishment to imprisonment and the feasibility of solutions of exit from mentioned challenges .The results of research indicate that not institutionalization of the culture of using alternative punishments to imprisonment in judiciary system , weakness of culturalization in society , tendency of the masses to rough punishments and impressionability of judges from this cause of populism , unreliability of judges to the results of alternative punishments to imprisonment , a lack of investment for import or build of required equipments and technologies for alternatives to imprisonment and loss of employment of professional human resources and experienced supervisors in the supervision on execution of mentioned punishments due to financial difficulties of judicial system ,loss of job for convicted to do free services and execution of strict policy are the major challenges and obstacles in the execution of services of public utility instead of the punishment of imprisonment and cultural solutions such as teaching judges , distance from the popular criminal policy and resolution of the economical and political challenges can decrease the population of people in imprisonment and issue the verdicts of alternative to imprisonment. Manuscript profile -
Open Access Article
29 - Analysis of the Arbitrator's Conciliation Pronouncement in Iran’s Law under the protection of Judicial Procedure
ZEYNAB ALIPUR CHABANLO BAKHTIAR ABASLOReceive Date: 2022/11/16 Revise Date: 2022/12/08 Accep MoreReceive Date: 2022/11/16 Revise Date: 2022/12/08 Accept Date: 2022/12/19 By development of international trade and economic globalization, arbitration has enlarged quickly as a resolving method of international commercial disputes as today, arbitration is recognized as a common approach in the resolution of international disputes and rarely will not be predicted in an arbitration contract. While the speed of arbitration proceedings are highly regarded and admired but the significance and principal role of arbitration will be discovered when the arbitrator’s decision will be passed and parties could execute that as judicial verdict. Practically implementation of internal and international arbitrator’s decision within judicial authorities is faced with numerous legal and judicial challenges that some are because of legal deficiency and ambiguity and others are for the sake of inadequate judicial procedures. The principal objective of this research is to examine arbitrator’s decision and to analyze the samples of arbitration decisions. Additionally, after gathering information and regulating by means of taking notes and insertion in the related forms, notes will be brought according to title, partial subject and classified heading of research and information and contents in different parts and analysis and description of information will be done. Manuscript profile -
Open Access Article
30 - 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 FarhodWhite-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 MoreWhite-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
31 - Examining the Results of Differential Decisions in Proceedings in the Prevention of Juvenile Delinquency
Sohrab Mozafarinia Amir Alboali Mahmoud BaviPassing laws and regulations to curb disorder in society and violators has always been and is preferred by all people and all societies. It can be said that there is no society or individual who does not feel the need for regulations. On the other hand, the abundance of MorePassing laws and regulations to curb disorder in society and violators has always been and is preferred by all people and all societies. It can be said that there is no society or individual who does not feel the need for regulations. On the other hand, the abundance of rules and regulations, like woven cords, sometimes keep the executive away from freedom of will, which is the innate nature of human being. Therefore, he may unintentionally take actions undesirable that cause problems for himself and the society. Today, what is less paid attention to is the correct implementation of laws and regulations in the process of proceedings, which has caused a person to become a violator of the law, instead of being reformed. It seems that due to the differences in personalities and the existence of different cultures that are getting closer to each other, it is necessary to turn to a correct differential policy of educational rights in the establishment of regulations, especially in the case of juveniles. Especially when the client leaves the probation, it will be easier and better for the authorities and society to restrain the criminal. The current research is based on the analysis of the clients’ answers to questions that are asked from a client of the reformatory and education center, review of the clients’ activities, and the information obtained from the judges. Manuscript profile -
Open Access Article
32 - Investigating the Impact of Creating Electronic Notification and Registration in the Process of Judicial Proceeding
Behnam Ghanbarpor OMID GHORBANIToday, 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 MoreToday, 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
33 - Dejudicialization of Children and Adolescents under the Protection of the Children and Adolescents Special Police Bill Approved 1400 (Looking at the England Legal System Experience)
mohammad shahanaghi Mehdi Moghimi Receive Date: 2023/07/05 Revise Date: 2023/08/13   More Receive Date: 2023/07/05 Revise Date: 2023/08/13 Accept Date: 2023/09/10Abstract One of the innovations of some legal systems in dealing with the offences of children and adolescents is the formation of children and adolescents special police. For the first time, this idea was formed in England and America and because of that, a certain part of the police structure was dedicated to juvenile delinquency. The employed people in the special police have special education and expertise about the method of interacting with minors and principle dealing with crimes committed by them. In the countries that have recognized it, the special police have certain duties and certain competencies in the process of dealing with juvenile delinquency and as a result of the development of criminological ideas and even human rights’ doctrines, their approach in interacting with juvenile delinquents has become more reform-oriented and restorative; therefore, the responses that special police determines and implements in the dealing with juvenile delinquencies are different from the official punitive and repressive responses that governments determine and implement for adults. Authors in this article, with aim of investigate and explain the dejudicialization approach of the children and adolescents special police in Iran's legal system, have concluded that dejudicialization of delinquent children and adolescents is one of the most important prominent approaches in the bill of the special police of children and adolescents approved in 1400 in Iran. Looking at the experience of the English legal system in this field, it is clear that this country has also tried to avoid their entry into formal judicial processes and criminal proceedings, focusing on the dejudicialization of delinquent children and adolescents and using alternative methods, especially based on restorative justice to respond to the delinquency of children and adolescents. Manuscript profile -
Open Access Article
34 - Analyzing the Negation and Affirmation Foundations of Taking Inheritance Tax in Jurisprudence and Law of Iran
Adnan omrani far Ahmad Haji Dehabadi Khorshid Azizi Mohammad Javad MalekiReceive Date: 2022/12/30 Revise Date: 2023/07/26   MoreReceive Date: 2022/12/30 Revise Date: 2023/07/26 Accept Date: 2023/09/10 AbstractThe present article with legal and jurisprudential analysis of the permission of taking inheritance tax or lack of permission of taking inheritance tax, tries to express that taking inheritance tax has which negation and affirmation foundations. In fact, taking inheritance tax can be the most serious criticism to the Islamic society; because inheritance is one of the properties that there is no doubt about taking possession of its heirs and although in the new tax law approved in 1394/4/31, the rate of inheritance tax has been adjusted in Article 17 of that law; but again the coefficient of taking inheritance tax is a large amount. Also, if money is collected without a basis, it is a obvious example of achieving property through illegal means. Following research, after showing the affirmation and negation foundations of taking inheritance tax, concludes that the affirmative principles of taking inheritance tax includes: the rule of expediency, the rule of necessity, the rule of prescription and the negative principles include: the rule of legal authority of owner of property to exercise dominion over property, the rule of sanctity of Muslim’s property and La-Zarar rule and which by examining the aforementioned foundations and analyzing them, the negative principles of taking inheritance tax, is more powerful and should be ordered not to take inheritance tax according to the introduced principles. Manuscript profile -
Open Access Article
35 - Sociological Study of the Crime of Murder and Its Legal Consequences in Ramhormoz Province
Heshmat Badami Hormoz Asadi Koohbad Seyed Hassan HosseiniReceive Date: 2022/10/05 Revise Date: 2022/11/27   MoreReceive Date: 2022/10/05 Revise Date: 2022/11/27 Accept Date: 2022/12/17 The objective of this research is the sociological study of murder and its legal implications in Ramhormoz province. The research population comprises all prisoners in Ramhormoz that a sample by volume of 70 individuals selected using an available sampling method. The findings of this research revealed that in the discussion of murders’ occurence place, the majority of murders occurred in secluded locations. Regarding gender, age, and marital status, it was found that most murders are commited by men and women fewer commited this crime, and unmarried individuals commit murder nearly twice as often as married individuals. Additionally, the highest rate of involvement in murder cases are in the age group pf 20-40. In education discussion, the educated individuals with university degree rarely commited murder and on the contrary, those with no education degree and particularly elementary education, are more likely to be involved. Low education and lack of university degree can be considered as influential factors in the occurrence of murders. Unemployment also emerges as a significant factor in the occurrence of murders that the highest number of murders committed by unemployed individuals and those who engaged in seasonal or temporary works . Thus, ethnic and tribal prejudices and the illicit transfer of weapons among clans, drug trafficking, unemployment and poverty are influential factors contributing to the occurrence of murders in Ramhormoz province. Manuscript profile -
Open Access Article
36 - Capacities and Limitations of Canonical and Jurisprudence Principals in Criminalization of Economic Crimes from an aspect of Imami Jurisprudence
Mohammad Mahdi Alizadeh Moghadam Mahmoud Qayyumzadeh Mahdi FalahReceive Date: 2022/10/08 Revise Date: 2022/11/17 Accep MoreReceive Date: 2022/10/08 Revise Date: 2022/11/17 Accept Date: 2022/12/13 Economic Crimes are not defined by lawyers comprehensively and exhaustively till now and the best method of identification of these crimes is through using the characteristics determined for them which include factors such as organization, low possibility of detection, economic motivation, credibility, involvement of organizations and economic activities, acquisition of benefits and protected values and finally their macro-level impact. This research adopts a descriptive analytical method and relies on library sources to find the response of this question that the Imami jurisprudence deals with which capacities and limitations in the criminalization of economic crimes? The findings of this research emphasized that this capacities involved two groups: religious principles (such as the principle of sanctity of invalid use of property, cooperation with sin, prohibition preceding prohibition and disobedience) and rational principles (including the principle of harm avoidance, expediency, order, trustworthiness, and fair wealth distribution). These principles enable Imami jurisprudence to criminalize the economic crimes that were not explicitly existed in Islamic teachings. However, like any other crime, the criminalization of economic crimes may face certain limitations that most important of this jurisprudence limitations are anecdotalism, lack of a structural approach, disregard for established issues and farness from governmental function. Manuscript profile -
Open Access Article
37 - Basics and Examples of Justifiability of Criminalization of Crimes against Security
shima moradifar Javad Tahmasabi mohammad ali mahdaviIt 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 MoreIt 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
38 - Legal and Jurisprudence Examination of Damages Caused by Lack of Profit
amin najafian mansoore darabiLack 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 MoreLack 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
39 - The Influence of the Presence of Witnesses in the Implementation of Punishment for Adultery
abdolkarim baniasadi vali ansariReceive Date: 2023/03/09 Revise Date: 2023/06/09   MoreReceive Date: 2023/03/09 Revise Date: 2023/06/09 Accept Date: 2023/06/27 The present study, using descriptive-analytical method, explains and evaluates the three points of view presented by jurists regarding the subject of writing. These three views are the necessity of the presence of witnesses, the absence of the necessity of the presence of witnesses and the detailed view that considers the absence of witnesses to be the cause of the non-implementation of the Hadd. Although according to the opinion of famous jurists, the absence of witnesses at the time of execution of Hadd does not cause the Hadd do not execute, but some jurists believe that the absence of witnesses causes the Hadd of stoning to be invalidated. Because if the absence of witnesses is due to fleeing from the scene of stoning or fear of stoning, then the stoning should be considered as the reason for the uncertainty. In other words, the point of view of not needing witnesses is absolutely unacceptable and this point of view seems to be correct when the absence of witnesses is not due to fleeing from the scene of execution of the stoning punishment or fear of execution of the punishment. In such a case, the Hadd is not implemented due to the doubt. In other words, the absence of witnesses is not an obstacle to the implementation of the Hadd, but what is an obstacle is the doubt resulting from their absence. Manuscript profile -
Open Access Article
40 - Pathology of the Method of Examination of Reasons in Criminal Courts
mahdi pourreza farhad allahverdi mohammad nabipourReceive Date: 2023/04/20 Revise Date: 2023/05/01   MoreReceive Date: 2023/04/20 Revise Date: 2023/05/01 Accept Date: 2023/05/07 Article 166 of the Constitution: ‘the verdicts of courts should be documented and substantiated to the legal provisions and principles that according to that judgment is issued. The obligation of a judge to justify his decision is one of the crucial elements in accessing to justice and fairness. On one hand, the reasoned decisions enable higher authorities to effectively oversee the criminal judgments and on the other hand they contribute to increasing a sense of justice among addressees. Author in this article with aim of critical and pathological examination about method of dealing with reasons in criminal courts by means of using analytical descriptive method resulted that in order to achieve a fair trial, it is essential to pay attention to the reasons and issuing documented and reasoned decisions which prevents judicial tyranny and informs the litigants about the reasons for acception or rejection of their claims and evidence. Furthermore, the attainment of a fair trial necessitates the presence of expert and trained judges who can assess evidences based on their knowledge and expertise, leading to the issuance of reasoned decisions based on the legal evidences. Manuscript profile -
Open Access Article
41 - Individual factors of addiction relapse among self- introduced addicts of Andimeshk city
Farshideh Keyhani Sadegh Moradi Gholamreza Mohammad NaslReceive Date: 2023/04/15 Revise Date: 2023/07/02   MoreReceive Date: 2023/04/15 Revise Date: 2023/07/02 Accept Date: 2023/07/05 The high rate of addiction relapse in the society has made it inevitable to carry out etiological research in order to direction of identify the underlying factors of returning to this crime as the most important social damage, for the design and implementation of preventive programs. Therefore, the current cross-sectional descriptive research with the aim of identifying and prioritizing individual factors of addiction relapse among self- introduced addicts, using a researcher-made questionnaire based on a random-class selection of 150 people from the statistical population in addiction treatment centers in Andimshek city in the year 2018 was done. To analyze the data, descriptive statistics and spss software were used. : Among the thirteen items of variable individual causes, the temptation to re- use drugs had the most effect rate and the consumption of alcohol had the least effect rate on the returning to addiction. Individual factors affecting the addiction relapse also include the components of temptation to re-use drugs, weakness in the tolerance of withdrawal effects, referring to previous places of use, weakness of will and weakness of self-confidence, severe emotional shock, onset of insomnia or low insomnia, non-completion of detoxification period and treatment. Manuscript profile -
Open Access Article
42 - Constructivist Epistemology of the Model of Social Disasters in Crimes against Security Emphasizing the Disaster of Generation Gap and Multi-polarization
Mousavi Fard Seyed Mohammad Reza maryam foratiReceive Date: 2023/02/12 Revise Date: 2023/07/15   MoreReceive Date: 2023/02/12 Revise Date: 2023/07/15 Accept Date: 2023/07/16Incorrect management of generation gap and social disasters resulted from that on one hand, is changed to crimes against general security and on the other hand, to identity gap. It is possible with the constructivist theoretical approach examine the model of social crises caused by the generation gap and with security and delinquency prevention criminological approaches during middle time and long time, reduced its’ negative consequences. Constructivist approach provides best comprehension of social disasters caused by generation gap and its’ aspects. In this approach, the role of different factors; such as social networks on the process of social disasters is examined. However today social networks are one of the important arms of enemy for generation gap, social multi-polarization and weakness of national and political unity. For management of social disasters caused by generation gap, crisis-inducing social demands should be distinguished from organized crimes against public security and for prevention from changing a generation gap to identity gap and improvement of social security, using delinquency prevention criminological approaches is necessary. However the constructivist approach and using delinquency prevention criminological in middle time or long time is resulted in decrease of mentioned disasters’ functions and improvement of social security. Manuscript profile -
Open Access Article
43 - Jurisprudence and Legal Solutions to Deal with Criminogenic Administrative Procedures and Regulations
Mohsen Fereydooni Samira Golkhandan Akbar RajabiReceive Date: 2023/02/25 Revise Date: 2023/07/20   MoreReceive Date: 2023/02/25 Revise Date: 2023/07/20 Accept Date: 2023/07/22 Today, sometimes administrative procedures and regulations, which themselves have been compiled and approved to organize affairs and even to prevent crime, appear in a different role and play a role as a criminogenic factor. Incorrect administrative procedures and regulations can be the criminogenic factor of all different kinds of crimes. From an administrative criminology aspect, along the pathology of administrative procedures and regulations, should reform its criminogenic issues. The jurisprudence foundation of confronting the administrative procedures and regulations of the crime is the necessity of restoration of trust of people in the administrative system and reduction of the imposed costs on the Islamic system. From jurisprudence aspect, attention to self-control among administrative officials, constant supervision on the regulations and enjoining good and forbidding evil is the main solution to deal with this type of regulations and procedures. From a legal aspect, organizing the criminal sanctions, combating trafficking, amending regulations of multi-jobs, limiting payments in companies, establishing regulations in the field of conflict of interests, implementing the law on declaration of assets, creating an internal control system and disclosure of criminogenic administrative procedures and regulations is one of the main solutions to deal with criminogenic administrative procedures and regulations. Manuscript profile -
Open Access Article
44 - Examining civil Responsibility and Method of Compensation caused by the Fault of the Government in the Spread of the Covid-19 Virus
Mojtaba Maghsoodi Hamid SoleymaniThe spread of the Covid-19 virus at the end of 1398 and many damages it caused to individuals is an important issue that requires a special examination about the role and extent of the government's fault in the spread of this disease. In the current research, an attempt MoreThe spread of the Covid-19 virus at the end of 1398 and many damages it caused to individuals is an important issue that requires a special examination about the role and extent of the government's fault in the spread of this disease. In the current research, an attempt has been made to investigate the literature of Shia jurisprudence and internal law, with a look to international law, the different dimensions of the government's civil responsibility due to the fault in the spread of the disease of Covid-19 and the extent of the government's responsibility in compensating the damages caused by the fault of the government in the spread of this virus. The following article, in a descriptive and analytical method by using the documents and library resources, while explaining the covid-19 and the government's responsibility, examines the civil responsibility of the government, its scope and method of compensation caused by the government's fault in the spread of the covid-19 virus. Examining the Shia jurisprudence sources and internal law, shows that there are several foundations and documents for the civil responsibility of the government, due to the fault in the spread of the corona virus and regarding the extent of the government's responsibility, considering the lack of separation between administrative and sovereign acts for the government in Jurisprudence, contrary to internal laws, while occupying government’s fault and damages caused by the government's fault about the victims of the Covid-19 virus, the rule of fairness is that each of the government and the injured victims are responsible to the extent of their fault and If none of them are guilty, the compensation is from the treasury. Manuscript profile -
Open Access Article
45 - Pathological Inquiry of Criminology on the Social Impacts of Undesirable Ruling Infractions with a look at Islamic Doctrines
Sayyed Mohammadreza MousavifardReceive Date: 2023/07/11 Revise Date: 2023/08/26   MoreReceive Date: 2023/07/11 Revise Date: 2023/08/26 Accept Date: 2023/09/10 AbstractToday, violations of political ruling and government in general due to the spread of mass media have a negative impact on the unity of the members of society, which first of all, must be resolved. Although, this inquiry approach, surveys to answer this question with interdisciplinary studies between management science, social pathology and political and criminal psychology with a documented method will continue the social effects of identifying pathological approaches of undesirable ruling based on Islamic doctrines. By virtue of interdisciplinary studies can divide disorders into two categories: First a systematic disorder that can be resolved with a kind of pathology. In the next step, sometimes this disorder appears at the levels of the behaviors and grand policies of the leaders and political rulers, which should be used to explain their personality by the doctrines of criminal and political psychology, and the result of all this process is crystallized in ruling and desirability and lack thereof. The results and findings show that: first, individual and structural pathology in the form of sociology of organizations and institutions can be resulted in the realization of great ruling. Second, the expansion of the psychological studies of managers in ruling, can lead to the emergence of the right decision-making in the realization of desirable ruling. Third, the practice of some elements of desirable ruling that are confirmed by the holy law can also be the practice of religious duty in order to achieve desirable modern religious ruling. Manuscript profile -
Open Access Article
46 - Comparative study of the criminal policy of disseminating false information in virtual media
seyyed nasrollah ebrahimi amirreza mahmoudi Seyedeh mahshid Miri balajorshariWith the increase in the use of virtual space, the popularity of social networks has also increased. Although virtual networks provide the opportunity to easily share news and information, they cause many problems, including the uncontrollable dissemination and sharing MoreWith the increase in the use of virtual space, the popularity of social networks has also increased. Although virtual networks provide the opportunity to easily share news and information, they cause many problems, including the uncontrollable dissemination and sharing of unfounded and false information. , by countless users of those networks and sometimes, it is a disturbance in public order. One of the most concrete examples in this field is the dissemination of baseless and fake information during the global epidemic of Covid-19. In this difficult period, in social networks, baseless and false news were published about the lack of sufficient measures by competent and responsible institutions in the prevention and treatment of corona disease; Various fake pages and messages were created and uploaded; Fake images and unreal sounds were shared, and in this way, social networks became a common and effective tool to create public concern and panic. Paying little attention to the mentioned fact alone shows the necessity of establishing criminal laws in order to protect the health of social networks and prevent the contamination of information in virtual media; Therefore, this article, with the aim of explaining the common criminal policy in criminal law systems, regarding the dissemination of false information in social networks and virtual media, reports this result through a comparative study of the criminal laws of a number of countries. It shows that in recent years, many countries follow a single criminal policy by imposing criminal regulations against the publication of false information in social networks and virtual media. Manuscript profile -
Open Access Article
47 - The Challenges of the Judicial Criminal Policy of Iran in dealing with the Crimes of Disturbance of the Economical System of Country (with a Critical Approach to a Number of Judgments of the Criminal Courts)
Sayyed Ali Hosein Al-Hoseini Saeid Hakimiha Sayyed Ali Jabbar Golbaghi MasoulehThe crime of disturbance of the economical system of Iran, due to the frequency of its occurrence in recent decades is regarded by the criminal law community of Iran and the subject of researches in the field of criminal sciences that in this regard, the upcoming articl MoreThe crime of disturbance of the economical system of Iran, due to the frequency of its occurrence in recent decades is regarded by the criminal law community of Iran and the subject of researches in the field of criminal sciences that in this regard, the upcoming article with identification of existing shortcomings and gaps in the judicial criminal policy of the Islamic Republic of Iran in confronting the disturbance in the economical system of the country, tries to indicate disorders originated from the implementation of this policy in the judicial procedure. The resulted findings from examination of the judicial criminal policy in dealing with these series of crimes of disturbance of the economical system of country, indicates that the criminal policy of Iran in dealing with these kind of crimes is different from other crimes and is in a repressive way and the most important challenges of the judicial criminal policy of Iran in confronting the crimes of disturbance of the economical system of the country is the multiplicity of the investigative authorities, binary interpretations and comments of the trial courts of the mentioned phrases and words in the Penal Code of Disruptors in the Economical System of the Country approved in 1369 and even the lack of the public prosecutor's office and the professional courts at the level of the country's provinces are for the purpose of professional researches and investigations about such crimes. Manuscript profile -
Open Access Article
48 - Rational criminalization based on philosophical teachings
Saeid Hakimiha Mohammad Ali KoolaeiRational doctrines are one of the effective sources on legislative policies that have been around for the past few centuries and have always, influenced by events, spread ways and methods in legislative policies that reproduce elements in the environment. social and hum MoreRational doctrines are one of the effective sources on legislative policies that have been around for the past few centuries and have always, influenced by events, spread ways and methods in legislative policies that reproduce elements in the environment. social and human, has presented various components and variables for patterning in the criminalization of behaviors; Based on this, philosophers, by realizing various intellectual and social variables, have been able to interfere in the formation of the process of criminalization throughout human history and establish a procedure that sometimes, for years, is the basis of and set a model for the legislative apparatus. Based on a philosophical approach, the following article tries to explain the hidden aspects of the formation of criminalization of behaviors by examining these intellectual and social variables, which is based on rational teachings, so that in this way, the effects of He revealed the direct and indirect philosophical reason on the criminalization of behaviors and analyzed it. Manuscript profile -
Open Access Article
49 - The General Theory of Excessively Absolute Usury in Exchanges
vahid zarei sharifThe criminalization of usury is one of the most important jurisprudential tools in maintaining the economic balance of society and protecting and controlling the market. The review of the written literature of Imamiyyah jurisprudence reports the strong disagreement of I MoreThe criminalization of usury is one of the most important jurisprudential tools in maintaining the economic balance of society and protecting and controlling the market. The review of the written literature of Imamiyyah jurisprudence reports the strong disagreement of Imamiyyah jurists in determining the criteria of usury, and considering the reliance of Iran's criminal laws on the texts of Imamiyyah jurisprudence, this difference plays a significant and effective role on the criminalization of usury in Iran's criminal policy. , has The famous Imami jurists, citing a number of hadiths, including weak hadiths, consensus of evidence, and the allocation of most of the Qur'anic generalities regarding riba, consider the unity of gender and weight or the weight of change to be the criterion of usury. Some jurists, by adding a numerical criterion to the mentioned criteria, have practically reduced the importance of prohibiting usury. Political expediency, the prescription of usury in the form of banking laws, and scattered judicial procedure can be counted among the effects of accepting the mentioned point of view. The present article, by examining the basis of Imami jurists' opinions, proves and concludes that the traditions quoted by the famous, according to the custom of the time of their issuance, are based on ancient exchanges and are unique and can be generalized to any time. and does not have the place; However, the generality of the verses of the Qur'an indicates usury in any condition of added economic value of the exchange in all exchanges, both loans and transactions. Manuscript profile -
Open Access Article
50 - Iran’s Policy-making in Anti-Contraband and Foreign Currency Smuggling in the Mirror of Analysis and Criticism
Ahmad Pourebrahim mehdi haghighatjooThe phenomenon of smuggling in Iran’s country, in addition to economical bad effects is an important social and the economical challenge. Nowadays, this phenomenon besides as a serious threat on the path of free commerce, is imposing so much expenses on the economical b MoreThe phenomenon of smuggling in Iran’s country, in addition to economical bad effects is an important social and the economical challenge. Nowadays, this phenomenon besides as a serious threat on the path of free commerce, is imposing so much expenses on the economical body of country. Must acknowledge the new statute has many innovations and corrects many deficiencies in previous statute; although »Anti-Trafficking Law ratified 1392« had not the sufficient and necessary sanction. Therefore, in new expressions, the sanctions of this statute were fortified from different aspects. On the other hand, the smuggling subjects were ambiguous and sometimes the act of smuggling was considered with title of under invoicing or false statement that in correction of statute, many differences of weight of goods or false statement is considered as smuggling. This article with analytical descriptive method, continues the criminological and preventive approaches in subjects of smuggling goods and foreign currency while surveying existing ambiguities and challenges in this field and analyzed the action and reaction criminal policies for prevention. Manuscript profile