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        1 - Effects of the spread of corruption on earth to economic crimes based on the specific characteristics of these crimes
        Ali Asadi Amir Mohammad Sedighiyan Ali Zare Mehrjerdi
        Economic crime is one of the new concepts of modern society, which in terms of its threats to the stability and security of societies, traditions and values of democracy, moral values and justice, sustainable development and the rule of law, has become increasingly worr More
        Economic crime is one of the new concepts of modern society, which in terms of its threats to the stability and security of societies, traditions and values of democracy, moral values and justice, sustainable development and the rule of law, has become increasingly worrying. A.A. has considered such crimes as a major example of corruption on earth earth, economic crime, civil rights, repression, criminal law. Knowing the specific characteristics of such crimes in terms of the act committed, their contexts, scale, specific characteristics of the perpetrators, as well as their victimology, is a necessary condition for adopting a prudent criminal strategy against them. The criminalization of widespread disruption of the country's economic system is cited as an example of corruption on earth in Article 286 of the Islamic Penal Code adopted in 2013. The present descriptive-analytical study shows the lack of proportionality between the effects on the legislator's adopted approach and the nature of economic crimes; Despite the professionalism of the perpetrators of economic crimes and their use of complex methods, the approach adopted by the legislature is not capable of criminal deterrence; Consequences such as violations of economic rights and citizenship and criminal repression are also inconsistent with the nature of economic crimes. It seems that a deliberate confrontation with economic crimes, more than anything else, instead of resorting to the most severe criminal repressive tools, requires a differential approach to the investigation, as well as anticipation and application of various criminal, administrative, civil and correctional executions. Manuscript profile
      • Open Access Article

        2 - Jurisprudential study and critique of the establishment of the religious limit of "corruption on earth" in the Islamic Penal Code 1392
        aliakbar mohammadzadeh mohammadali heidari ahmadreza tavakkoli
        Warlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psycholog More
        Warlord and corruption on earth are among the security crimes in the Islamic Penal Code adopted in 1392, which are separated from each other and each has its own instances. But what is important in the meantime is that some perpetrators of these crimes are not psychologically and medically able to bear the punishment, so it remains to be seen whether, given the importance and severity of these two crimes, mental, psychological and medical disabilities can to be considered as just agents of punishment? This fundamental question provides the basis for independent research. Well-known jurists do not consider Muscat as a punishment for some mental illnesses such as insanity. However, the well-known arguments in this regard seem to be insufficient and are in conflict with some other arguments. Despite the innovation, the Islamic Penal Code and the Code of Criminal Procedure also have shortcomings. Therefore, the research hypothesis is that psychological problems, including insanity, which are confirmed by specialized doctors, can be the cause of the fall or conversion of the perpetrators of warlords and corruption on earth. The research method is descriptive-analytical using library resources. Manuscript profile
      • Open Access Article

        3 - Corruption on Earth from a Criminal Aspect to an Independent Crime based on Quranic Doctrines
        Mohammad Ebrahim Mojahed Ahmad Abedini Najaf Abadi Javad Panjeh Pour
        One of the most important crimes in terms of dimensions and security is corruption on earth. Looking at the jurisprudential texts and the history of legislation, we conclude that despite the documentation and strength of jurisprudential principles, due to the inclusion More
        One of the most important crimes in terms of dimensions and security is corruption on earth. Looking at the jurisprudential texts and the history of legislation, we conclude that despite the documentation and strength of jurisprudential principles, due to the inclusion of many concepts and examples, the legislator has so far avoided entering into an independent criminal case for corruption on earth. Objections such as the inclusion of a concept on one hand and the principles governing criminal policy such as the principle of shortage interpretation on the other hand prevented its independent criminalization. Also, the dispute over the unity or duality of the two titles Moharebeh (enmity) and Corruption on Earth, which we have dealt with to some extent in this study, was more than what we said was an obstacle to the independence of the crime of corruption. Of course, it will be stated that Verse 33 of Ma'idah Surah has a single meaning and the dignity of issuing the holy verse is focused on the subject of enmity and not corruption on earth, considering the opinion of the commentators and the famous saying of the jurists. In fact, "corruption" is an explanatory clause for moharebeh (enmity) and refers to the explanation of the four punishments.   Manuscript profile
      • Open Access Article

        4 - Studying the Principles of Enmity against God and Its Penance
        Jamal Rezaie
        The main subject of the 33rd verse of Maedeh Sura is to express the verdict of enmity against God and His Messenger and corruptions on earth. According to related explanations and narratives, the Shiite jurisprudents have defined enmity as drawing weapon in order to ter More
        The main subject of the 33rd verse of Maedeh Sura is to express the verdict of enmity against God and His Messenger and corruptions on earth. According to related explanations and narratives, the Shiite jurisprudents have defined enmity as drawing weapon in order to terrify people. Imam Khomeini also had added the third condition which is the tendancy in doing corruption on the earth. The punishment of the enemies against God in the mentioned verse has determined of four types which are murdering, hanging, cutting the opposite hands and legs and exiling from the hometown. Selecting each punishment is due to the judge’s authority. Manuscript profile
      • Open Access Article

        5 - The spread of corruption on earth to economic crimes: their contexts and challenges
        Ali Asadi Amir Sedighiyan Ali ZAre
        Predicting widespread disruption in the country's economic system as an example of corruption on earth in Article 286 of the Islamic Penal Code adopted in 1392, it is necessary to study the context of this procedure in legislation related to economic crimes and analyze More
        Predicting widespread disruption in the country's economic system as an example of corruption on earth in Article 286 of the Islamic Penal Code adopted in 1392, it is necessary to study the context of this procedure in legislation related to economic crimes and analyze the challenges. Although the adoption of this procedure in previous special laws such as the law of punishment of disruptors in the country's economic system is unprecedented, but its use in the Islamic Penal Code as the mother law has doubled the need to explain and analyze the components. Regardless of the lack of reliable foundations for criminalizing corruption on earth in the view of book commentators and Imami and public jurists, the study of the legislature's implications for the extension of this novel criminal title to economic crimes suggests the prevalence of populist and instrumentalist views in criminal law. With economic crimes. Influenced by these views, it has caused major challenges such as adopting repressive approaches and not paying attention to the specific characteristics of economic crimes and their perpetrators. Attaching the security label of a corruptor on earth to an economic defendant and reducing the ability of criminal defendants to direct the case to a fair trial on the one hand and facilitating the escape of the perpetrator from the legal punishment due to the unwillingness of the judiciary to use life imprisonment and consequent deterrent punishment. On the other hand, it is part of the corrupt sequence of the above-mentioned challenges. Prudent crimin Manuscript profile