-
Open Access Article
1 - The Punishment in Qajar Era (1210-1264 AH): The Case of Making Blind
babak rohulamini s.hashem aghajariThe history of making blind as a punishment backed to pre-Islamic Iran. The punishment was prevalent in Iran's criminal justice system until the mid-Qajar period. But it was gradually abandoned. This study aims to investigate the punishment of making blind during the Qa MoreThe history of making blind as a punishment backed to pre-Islamic Iran. The punishment was prevalent in Iran's criminal justice system until the mid-Qajar period. But it was gradually abandoned. This study aims to investigate the punishment of making blind during the Qajar era and how it was removed from Iran's criminal justice system. The results of this study indicate that the punishment was used in Iran until the early days of Mohammad Shah's reign and it was mainly against the perpetrators of security such as the rebel princes and Khans. It seems that the removal of this punishment was due to the consolidation of Qajar government as well as the impact of Western law. Manuscript profile -
Open Access Article
2 - Penal Consequences of Under Supervise of Activities on Clients in the Instagram Social Network
babak pourghahramani SINA JAHANARA As technology evolves and viraling of many applications among people, Instagram has been able to overcomes to the other competitors and also becomes to the one of the most popular communicational applications. Attendance and activities of various persons in the More As technology evolves and viraling of many applications among people, Instagram has been able to overcomes to the other competitors and also becomes to the one of the most popular communicational applications. Attendance and activities of various persons in the Instagram social network regardless of the act, gender, culture, etc… qualifications can eventuate the penal consequences. The consequences that clients are ignorant in some cases therefore, the purpose is to conduct a probe of penal consequences of supervising activities on clients in the Instagram social network in library methods. In the further of the essay we will try to give a juridical description and content analysis based on legal and logical methods in order to obtain the best opinions and also to determine the existing ambiguities and recognizing the real palace of the subject and displaying it. We are also about to try the way of presenting the subjects of research includes theoretical aspects, as well as practical and applied aspects. In fact in producing and gathering it has been tried to with utilizing of analytical methods and library resources, despite limited resources in this field, opinions of jurists (internal & foreign) in every fields which is related to same title, has been collected and as far as possible, by referring to their books and articles, the issues studied and also prevailing practical procedures in this regard should be stated. The result of research declared that with due attention to functions of Instagram proceeding of clients in some cases are against them and sometimes against others within both cases it can bring penal consequences. Some consequences that they have considered as a criminal act in common and special low with existing essay despite checking essence and functions of Instagram it will check the penal consequences of activities from clients in the mentioned network. Also, while examining various laws, although the relationship between cyberspace and the real environment is undeniable, the effects of virtual social networks such as Instagram are more destructive than the real environment; therefore, these two issues cannot be put in the same format and stricter penal laws need to be applied to this environment. Of course, this requires strengthening the cultural and social infrastructure, rational management and monitoring of users' activities on social networks, synchronization and improving the performance of other information and communication technologies with this new technology Manuscript profile -
Open Access Article
3 - Fundamental causes of maximum criminality in the Iranian legal system
Ramin , Naeemi Mahmood Malmir Masoud HeidariThe principle of minimal criminal law (intervention of the criminal law minimum) allows the use of this branch of jurisprudence in a situation where it is not possible to resort to other guarantees of enforcement, namely the guarantee of civil and administrative enforce MoreThe principle of minimal criminal law (intervention of the criminal law minimum) allows the use of this branch of jurisprudence in a situation where it is not possible to resort to other guarantees of enforcement, namely the guarantee of civil and administrative enforcement. The volume and scope of criminal law in liberal states is also one of the current challenges of law and politics. The connection with criminology does not have a clear position. In many cases, this position is not accompanied by tolerance, and in some cases, the government has criminalized and enacted the law with the utmost speed and intensity; Hence, the place of observance of the principle of tolerance, which is regularly heard from politicians, is not clear. In Iran, the roots of the government's desire to use criminal law can be related to the scope of government, the entry of this institution into the field of ethics and privacy. In fact, criminalization is not done in a technical way, but influenced by the ideology of the government and the tendencies of this institution. In this article, the authors will refer to the analysis of the basics of the subject in a descriptive-analytical manner. Manuscript profile -
Open Access Article
4 - Two lives’ flow The evolution trail of a criminal character in light of criminological browse through the book “Death is my trade”
Gelavizh Sheikholeslami vatani Mohamad Ashouri Nasrin Mahra Mohamad Ali Mahdavi SabetIn the process of transition from thought to criminal action, what happens for a professional offender in his/her continuing desire to commit a crime is the strong attraction and lack or weakness of deterrents that lead to his or her reintegration into society. But why MoreIn the process of transition from thought to criminal action, what happens for a professional offender in his/her continuing desire to commit a crime is the strong attraction and lack or weakness of deterrents that lead to his or her reintegration into society. But why professional offenders are reluctant to use deterrents? Among the many reasons that can be listed, there are three cognitive factors: First, they do not judge and justify social issues except from their own point of view and logic. Second, they do not shy away from actions that bring harm to others and finally not only altruistic tendencies are often weak or absent, but they also suffer from some kind of emotional indifference in their interactions with other people. The present study, which sought to explain why and how this indifference occurred, seeks a cognitive explanation of the criminal transition path of the life of a professional criminal named Rudolf Franz Höss, introduced by the author as Rudolf Lang. A narrative that focuses on a few fundamental components: The process of crystallization of anti-social behaviors influenced by childhood experiences and memories, Lack of family, religious and social interests, The importance of risk components in different age periods and finally the formation of a criminal character and its evolution in the context of time. Manuscript profile -
Open Access Article
5 - Protecting the fundamental rights of the nation in the face of the security of criminal policy and the uncontrolled judicial actions of the government
Seyed Mohammad Farrokh Reza Shafiee Salman Kunani Smira GolkhandanThe protection of the fundamental rights of the nation is the gateway to the realization of democracy and the rule of law in society. Violation of these rights prevents the constitutional role from playing a desirable role in society, and guaranteeing these rights means MoreThe protection of the fundamental rights of the nation is the gateway to the realization of democracy and the rule of law in society. Violation of these rights prevents the constitutional role from playing a desirable role in society, and guaranteeing these rights means protecting the constitution and the condition of legal development in society, which itself is compatible with measures such as public policy, such as criminal policy. Among the fundamental rights of the nation, which are likely to be violated in the security-oriented approach of criminal policy and exceptions to the rule of law, is the right to liberty and the right to sue. With description; In this article, with a descriptive-analytical method, an overview of the components of each of the mentioned matters and the results of the research indicate that; Despite the security contexts of Iran's criminal policy and the requirements of the rule of law, the reality is that the nation's fundamental rights are not violated and the establishment of participatory criminal policy mechanisms and the rulers' real benefit from religious teachings, as well as the necessary measures to control and monitor more. Exercising judicial oversight by the government can put an end to any possible concerns of violations or deviations from the nation's fundamental rights. Manuscript profile -
Open Access Article
6 - A Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami Jurisprudence
Seyed ali Rabbani mousaviyan Alireza MillaniA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. There MoreA Comparative Study of the Punishment of Murder in the Jewish Penal System and Imami JurisprudenceOne of the most important legal issues of the two religions, Judaism and Imamism, is criminal issues and criminology. The most important crime among crimes is murder. Therefore, this study aims to use a descriptive and analytical method to comparatively study the punishment of murder, the conditions and quality of its execution in the two religions.The results of the research indicate that although proving the intentionality of murder under Jewish law seems more difficult than Imami jurisprudence, in Jewish law the same amount as proving the absolute crime of murder (intentional and unintentional)Its punishment will be life imprisonment only, and other punishments are an exception to this sentence. In terms of circumstances, there are several differences in the criminal law of the two religions.Keywords: Murder, conditions of punishment for murder, punishment of deprivation of life, Jewish criminal law, Imami jurisprudence. Manuscript profile -
Open Access Article
7 - 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 MehrjerdiEconomic 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 MoreEconomic 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
8 - Challenges Facing (Executive) Police Units in the New Criminal Procedure In The Light Of Human Rights and Civil Rights
akbar sabzevari mashallah karimiIn the system of the Islamic Republic of Iran, considering the popular and Islamic nature of the police as an enforcer of law and justice and the protector of citizens' rights, the preservation of dignity and human rights of members of society is of particular importanc MoreIn the system of the Islamic Republic of Iran, considering the popular and Islamic nature of the police as an enforcer of law and justice and the protector of citizens' rights, the preservation of dignity and human rights of members of society is of particular importance. This study examines the challenges faced by the executive units of the police in the new criminal procedure in the light of human rights and citizenship and the results showed that: The most important citizenship rights that may be violated by police misconduct is the right to privacy of citizens. At present, the Iranian legislature has not enacted comprehensive and restrictive provisions on the right to privacy, and in this case, more attention should be paid to the constitution. Another important problem is that the police do not have a codified law to prevent crime under the guise of human rights and citizenship. The legislator has also passed some legal articles in the new procedure, such as Articles 30 and 31, and has placed the responsibility on the police organization, while more than a few years after the enactment of these laws due to lack of infrastructure and facilities and equipment in the provinces and cities. Have not been. Therefore, those in charge and officials are not trying to train and improve the current situation, and the executive units of the police organization are also facing challenges in performing their duties. Manuscript profile -
Open Access Article
9 - Crimes against humanity in Myanmar and the need to criminalize it in Iranian law and the need to criminalize it in Iranian law
sajjad rahmati Jamal Begi babak poorgahremaniCrimes against humanity are crimes that occur at the national and international level, the basis of its criminalization is the protection of human rights, and it includes crimes that violate human values and international rules. And the reason for its criminalization is MoreCrimes against humanity are crimes that occur at the national and international level, the basis of its criminalization is the protection of human rights, and it includes crimes that violate human values and international rules. And the reason for its criminalization is the international criminal protection of society's interests and legal principles that are respected by the international community. In order to deal with crimes against humanity, international organizations have compiled the statute of the International Criminal Court so that there is an executive guarantee for the crimes committed. Most governments have criminalized these crimes in their criminal laws. However, it is not foreseen in the criminal laws of Myanmar, but the examples of crimes against humanity are counted in it. In the criminal law of Iran, there is no independent criminalization in this case, and the perpetrators of crimes against humanity are prosecuted according to the statute of the International Criminal Court. Therefore, this article seeks to examine crimes against humanity in Myanmar's criminal law and the necessity of the crime. It is modeled on Iranian law, and the research method is descriptive and analytical, and information gathering is phishing. The method of carrying out the research was qualitative and the findings of the research indicate that crimes against humanity are not criminalized independently in the law of Iran and Myanmar, but in Iranian law, examples include; Murder, rape, illegal detention, torture have been criminalized. Manuscript profile -
Open Access Article
10 - "A comparative approach to the foundations of criminalization of doping in England's, German's and France's criminal law;(A step towards the criminalization of doping in Iranian's c
hamidreza heydarpour masoud hemmatDoping is the most unprofessional and unethical behavior in professional sport. In addition to the ethical and technical aspects, this phenomenon also has important legal aspects. In recent years, following the increase in cases of doping, the tendency to criminalize it MoreDoping is the most unprofessional and unethical behavior in professional sport. In addition to the ethical and technical aspects, this phenomenon also has important legal aspects. In recent years, following the increase in cases of doping, the tendency to criminalize it has clearly formed among some criminal policymakers, and some countries have explicitly criminalized doping and punishing it, but despite some other countries have not taken action in this regard. A clear example of the first countries is England, Germany and France, and an obvious example of the second category countries is Iran. The claim of this article is that by using the experience of criminal law systems in England, Germany and France, it is possible to take steps towards the criminalization of doping in Iran's criminal law and in this way, between the approach of Iran's criminal law system and the view of the system. The mentioned legal issues created more alignment. The main hypothesis of the current research is that the criminalization of doping in Iran's criminal law has a significant effect in reducing it. In order to further investigate these categories, in this research, while studying the concept of doping and the basics of its criminalization in the criminal law of England, Germany and France, the challenges facing the process of its criminalization in the criminal law of Iran have been examined. The current type of research is fundamental, its approach is descriptive-analytical, its method is library study, and the tool for collecting information is survey. Manuscript profile -
Open Access Article
11 - Criminological analysis of auditory drugs and prevention challenges in it
shahram cheraghi ali pourjavaheri ali jamadiAuditory narcotics are sound stimuli that are used through the auditory faculty, and by having the characteristic of neural conditioning, they simulate the unjustified states of other known traditional and industrial narcotics with the minimum sensory level of alcohol a MoreAuditory narcotics are sound stimuli that are used through the auditory faculty, and by having the characteristic of neural conditioning, they simulate the unjustified states of other known traditional and industrial narcotics with the minimum sensory level of alcohol and the maximum consumption of heroin in the neurological faculties of the users. they do This research, using the library method and practical purpose, analyzed and described the criminological foundations and reasons for the tendency towards this sinister phenomenon and it was determined in this regard; This unknown approach, due to the indifference of civil norm-making institutions and weakness in internalizing its social ugliness, is devoid of the characteristic of drug labeling and shaming, and due to weak self-esteem; Imitation and change in lifestyle and social leisure, as well as the curiosity of drug users in experiencing the false excitement of recombinant sounds, the preferential tendency to use it has increased, especially among people with behavioral risk, and for this reason, social control and the adoption of preventive measures, including Public and criminal in it has faced a serious challenge due to the nature of beneficial choice and the speed of action in consumption, as well as the secrecy of the identity of the user and the lack of obstacles in education and the deprivation of opportunities for use and the emergence of the inherent characteristic of the movement of the criminal. Manuscript profile -
Open Access Article
12 - The Justifying Reasons of the Differential protection of vulnerable victims in the shadow of criminal sciences teaching
H. HajitabarOne of the rather new issues in the realm of protective victimology of the national and above all, internationally levels is the study and investigating particular types of victimization. Accordingly, it is advisable that a new branch of protective victimology concernin MoreOne of the rather new issues in the realm of protective victimology of the national and above all, internationally levels is the study and investigating particular types of victimization. Accordingly, it is advisable that a new branch of protective victimology concerning special vulnerable victims be created which could be referred to as differential protective victimology. To this end, The present paper, briefly investigating the concept and definition of vulnerable victims and its special kinds of protective measures adopted based on the differential criminal policies, attempts to answer a basic question as to whether the urgency for differentially protecting vulnerable victims has been well-established in criminal sciences teaching? In response, we can conclude that although in most criminal sciences teaching mentioned in this paper, the protection of victims, especially vulnerable victims and differentially protecting have not been directly and clearly discussed, a logically relationship between criminal sciences teaching and their concepts and contents with the urgency for a special protective of vulnerable victims could be established through indirect and covert interpretation. To put it differentially, the issue of protecting vulnerable victims is hidden in the heart of each of the above-mentioned branches. Manuscript profile -
Open Access Article
13 - Consular Protection Of The Victims Of The Offences Who Fall Under The Jurisdiction Of The International Criminal Court
A. SaybaniCurrent regulations are based through internationally accepted norms and political relations between countries. Current affairs in the tumultuous world of today requires cooperation between governments. Citizens of each country determine the aspects of these relationshi MoreCurrent regulations are based through internationally accepted norms and political relations between countries. Current affairs in the tumultuous world of today requires cooperation between governments. Citizens of each country determine the aspects of these relationships. By the rule of law governments have to protect their citizens’ right in other countries; in case a citizen face judiciary hardship in other countries, his/her government will support him/her, as long as this support does not interfere with the laws of the country, where the citizen has his/her residence. Even citizens who either travel to other countries or live in foreign countries may become victims, due to the violation of their human rights by the guest countries. Such crimes may also fall under the jurisdiction of the international criminal court. The victims deserve the support of their governments, which is usually of consular nature. The aspects of the support is determined either by the law of victims’ country or by the 1963 Vienna Convention. The government of the victim's country decides how to implement the support. Manuscript profile -
Open Access Article
14 - Engineers' Crimes and Violations from Criminal Sociology Perspective
rajab Goldust Joybari Mohammad Reza DarabpourEngineering disasters, which are often caused by engineering's criminal behavior, have become an increasing trend. This article is based on a descriptive analytical method and by using an open interview method, it seeks to find the reason for the occurrence of such crim MoreEngineering disasters, which are often caused by engineering's criminal behavior, have become an increasing trend. This article is based on a descriptive analytical method and by using an open interview method, it seeks to find the reason for the occurrence of such crimes and violations from the perspective of criminal sociology. This article is based on the hypothesis that although the economic factor plays a prominent role in the occurrence of crimes in the engineering world, it is not the most fundamental cause. Rather, factors such as the incorrect process of engineers' training, belief in the correctness and rationality of some criminal behavior and especially sticking to the goals and trying to survive the engineering group by any cost are the most important crime-causing factors in this industry. Considering the theories of criminal sociology, this article deals with economic-oriented penal calculation, differential association, pressure and neutralization technique theories. Finally, it was concluded that among the theories of criminal sociology, the neutralization techniques and differential association are the most suitable theories for finding the cause of the criminal behavior of the engineers. Manuscript profile -
Open Access Article
15 - Criminal Law and Economic – Industrial Law
Mohammad Ashori Asadollah MirzaieIn this article, from objective and historical approach, we tried to considerthe relationship between law special criminal law on the one Hand andindustrial – economic development on the other hand. The main point ofview of authors is that the studying criminal la MoreIn this article, from objective and historical approach, we tried to considerthe relationship between law special criminal law on the one Hand andindustrial – economic development on the other hand. The main point ofview of authors is that the studying criminal law of development countriesshows that it will be impossible to access development objects without thelegal and modern criminal law system especially at the beginning ofindustrialization. This relationship has not been unilateral and theindustrialization and development change the understanding of law from theconcept of crime, criminalization, punishment and its enforcement. Thechange of this approach and the requirements of modern industrial societycause the change in basis of criminalization and defining of new crimes. Thecriminal law of some countries with traditional ideas has not tendency toaccept this changes and to adopt law and their ideas with these changes inthe manner that some traditional crimes and violent punishment in thiscountries show the lack of their development . Manuscript profile -
Open Access Article
16 - Doing Justice to the Political.The International Criminal Court in Uganda and Sudan: A Reply to Sarah Nouwen and Wouter Werner
Seyed-abbas Poorhashemi Mahmood GolestaniThis article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to thePolitical. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010)941.It takes issue with attempts to understand international law and particularly theworkings o MoreThis article is a reaction to Sarah Nouwen and Wouter Werner, ‘Doing Justice to thePolitical. The International Criminal Court in Uganda and Sudan’, 21 EJIL (2010)941.It takes issue with attempts to understand international law and particularly theworkings of the International Criminal Court in terms of Carl Schmitt’s thesis on thepolitical as distinguishing between friend and enemy. My contention is that partiesto a violent/political conflict may try to mobilize the law in their struggle, but thatthe structure of the law itself escapes the logic of the political: law cannotbe‘political’ in the Schmittian sense. The unexpected upshot of this is that Schmitt’snotion of the political may operate as a normative criterion for testing whether legalofficials are still respecting the constraints of their practice. If legal authorities areindeed in the business of defining the enemy of mankind, then they are not doingthis through or with the help of the law. They may simply act against the law. Tosubstantiate this point, the article thinks through the difference betweenconventional and absolute/real enemies and contrasts these notions with thecharacteristics of (international criminal) law. Manuscript profile -
Open Access Article
17 - Dominance of Iranian criminal codes in overseas offences based on Imams-related Jurisprudence and national security
Mohammad MalmirThere are some crimes carried out against national security and others by expatriateIranians. Moreover, some crimes are done by foreigners which are associated withour country. Carrying out some of these crimes can endamage our homeland andexternal security. This study MoreThere are some crimes carried out against national security and others by expatriateIranians. Moreover, some crimes are done by foreigners which are associated withour country. Carrying out some of these crimes can endamage our homeland andexternal security. This study tries to describe that establishing all national criminalcodes related to all expatriate Iranians' crime is neither logical nor practical.Actually, our national criminal codes can be established only about few overseascrimes done by expatriate Iranians or foreigners against our national security.Consequently, the criminal codes should be established on just some specialoverseas crimes. On the one hand, the purpose of Iranian criminal codes dominancein some overseas offences is implementation of canon laws, and on the other hand itis providing the national security. Manuscript profile -
Open Access Article
18 - Compulsive Geniture or Voluntary Departure “A review or the, consequences of criminalization and decriminalization on abortion”
Reza MohajerinThis article examines various aspects of abortion from a criminological perspective. Theseaspects are distinguished from each other on basis of their nature and sources for its betterunderstanding and convenient studying.Although according to Islamic Criminal law aborti MoreThis article examines various aspects of abortion from a criminological perspective. Theseaspects are distinguished from each other on basis of their nature and sources for its betterunderstanding and convenient studying.Although according to Islamic Criminal law abortion is a violent crime and thereforeoffenders are imposed severe punishment, the necessity of taking a different approach to ourlaw is unavoidable. Because of direction of applying protective policies to them in conformationwith International standards on the one hand, and vulnerabilities to violent behaviors andincrease of next crimes on the other hand, decriminalization from abortion is a must.Hence, criminalization of abortion is the basis of creating further crimes and decriminalizationof abortion will prevent further crimes Manuscript profile -
Open Access Article
19 - Resocialization and Correcting Criminals in Iran’s Criminal Policy
Mohammad Mollaie Mahmood Ghayumzadeh Seyed Mahmoud Mirkhalili -
Open Access Article
20 - Feasibility study of criminalization of some examples of vandalism in using some jurisprudential capacities of the Constitution and the Islamic Penal Code of 1392
Dr. Seyed Mohammad Reza Mousavi FardDestructionism or vandalism means the uncontrolled destruction of valuable cultural objects and artifacts or public property, which is considered a social anomaly. With the current approaches of criminal law in Iran, this social anomaly has not been criminalized in all MoreDestructionism or vandalism means the uncontrolled destruction of valuable cultural objects and artifacts or public property, which is considered a social anomaly. With the current approaches of criminal law in Iran, this social anomaly has not been criminalized in all its cases. In this article, we seek to answer the question that vandalism can be criminalized based on the criminal jurisprudential capacities in the Constitution and the Islamic Penal Code. Descriptive-analytical method should be specified; According to Articles 677 and 588 of the Penal Code of the Islamic Penal Code 92, the perpetrators can not be considered a criminal offense. The principle of necessity of observing individual rights in criminal law in jurisprudential criminalizations, the principle of necessity of public order and maintenance of public property treasury, resolving conflicts of jurisprudential criminalization with the principle of legality of crime based on rational and legal approaches based on jurisprudential and legal capacities for crime Some jurisprudential instances of jurisprudence have taken steps. Manuscript profile -
Open Access Article
21 - Principles and Evolutions of Twelver Shia Jurisprudence about Urgency
Rasoul Jalali Rahmat Farahzadi (corresponding author) Abdoreza FarhadianUrgency is one of the secondary titles in Shia jurisprudence, because of which the primary ruling is removed, and urgency is sometimes in action and sometimes in abandonment. In other words, urgency refers to being forced to do an act voluntarily with lack of heart sati MoreUrgency is one of the secondary titles in Shia jurisprudence, because of which the primary ruling is removed, and urgency is sometimes in action and sometimes in abandonment. In other words, urgency refers to being forced to do an act voluntarily with lack of heart satisfaction or complete deprivation of free will. Urgency is the fear of unbearable loss in relation to an act or abandonment. Urgency is a state in which, despite the fact that there is no threat from the outside, a pressure from inside forces him to do something that he is not completely willing to. That is, although he has the will to do it, but this will is not accompanied by inner satisfaction. A person who is forced to sell his house to treat his child is an example of urgency. In this case, he does it against his inner desire and in an emergency, but with will and intention. The jurists have discussed the issue mainly in the book It’amhu va Ishrabhu. The roots of urgency are reluctance, Taghiya, loss and necessity. In this article, we will examine the views of the jurists and the developments of this issue from the past until now using descriptive-analytical methods. The goal is to identify the reasoned and justified point of view among jurists. The result of the article shows the superiority of Ayatollah Khoi's point of view compared to other jurists. Manuscript profile -
Open Access Article
22 - Vali-e-Faqih and the Legislative Criminal Policy of the Islamic Republic of Iran
amin allah zamaniThe institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Sup MoreThe institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Supreme Leader is the ruler of the Islamic society, whose powers and guardianship are present at all levels of legislative, judicial, executive and participatory criminal policy. Legislative criminal policy oversees the enactment and oversight of the country's criminal laws and regulations. Vali-e-Faqih, based on the powers arising from the religious arguments of the province as well as the Constitution of the Islamic Republic of Iran, has the power to make policy and criminal legislation directly and indirectly. Implementing direct policy and legislation of the authorityThe institution of Velayat-e-Faqih, as one of the manifestations of Islam, has a strategic and decisive role in the criminal policy network of the Islamic Republic of Iran and its orientation. In the theory of political discourse of the Islamic Republic of Iran, the Supreme Leader is the ruler of the Islamic society, whose powers and guardianship are present at all levels of legislative, judicial, executive and participatory criminal policy. Legislative criminal policy oversees the enactment and oversight of the country's criminal laws and regulations. Vali-e-Faqih, based on the powers arising from the religious arguments of the province as well as the Constitution of the Islamic Republic of Iran, has the power to make policy and criminal legislation directly and indirectly. Manuscript profile -
Open Access Article
23 - Implementing the criminal policy of Islamic and Iranian criminal law in financial crimes of government employees
Hamidreza Sedighnejad Rahim Ekrami Karam JanipourAbstract :Government employees and agents as the executive arm of the government may commit crimes in line with their job duties that cause Weakening or depriving the public of trust in governments, so in this study, while examining the nature of these crimes, we seek t MoreAbstract :Government employees and agents as the executive arm of the government may commit crimes in line with their job duties that cause Weakening or depriving the public of trust in governments, so in this study, while examining the nature of these crimes, we seek to implement the criminal policy of Islamic and Iranian criminal law in the financial crimes of government employees.This research has been done in terms of practical purpose and in terms of collecting information by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.A progressive criminal policy seeks to minimize the criminal phenomenon or, ideally, to remove it from society. The realization of this important issue depends on the use of the facilities, capacities and pillars of society, and the effective and efficient participation of civil society in this regard can have a huge and tremendous impact on its realization. Iran's criminal policy in the legislative, judicial and executive types in relation to specific crimes of government employees is of the type of government repression. But the criminal policy of Islam, which is based on a religious and doctrinal view and is inferred from the Qur'an and hadiths, in the face of corruption, contrary to repressive models that seek the participation of civil society to suppress, seeks to take advantage of the participation and role of civil society for rehabilitation and It is a correction. Manuscript profile -
Open Access Article
24 - Jurisprudential and legal assessment of the inclusion of the provision of Article 91 of the Islamic Penal Code for criminals with relative impairment of discrimination and perception
Fatemeh Noori roomanan abbas tadayyon Behnam Yousefian ShuredeliIn Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be c MoreIn Article 91 of the Islamic Penal Code, the legislator has decreed a ruling that is defensible in some ways, but in some respects rejectable. The rejection of this substance is more important and its positive functions have been challenged. In some respects it can be criticized that the removal of two punishments of Hadd and Qesas on condition of proof of doubt in the growth and perfection of intellect in adult offenders under 18 and the second possibility of the fall of these two punishments can only be noted in the case of adult offenders under 18 years of age that with a realistic attitude, there is no logical reason for either. In relation to the recent direction, the question arises whether the sentence of this article can be extended to the perpetrators with relative disabilities of the clean power according to this direction. This is a legal and jurisprudential point of view. This is a legal and jurisprudential point of view. It seems that if the philosophy of ratification of this article is proof of doubt in the development and perfection of the criminal mind, it should be said that none of the two directions reject the ruling of this article which has been mentioned above, and therefore, the ruling prescribed in this article is applicable to all offenders who have partial disabilities and comprehension, and therefore, it should be assumed that the criminals who suffer from this condition should not be assumed to be guilty of this condition. The realization of criminal responsibility and the impossibility of determining and executing the punishment, whether Hadd or Qisas or other punishments. The type of the paper, the foundation, its approach, descriptive-analytical, method of doing it, the library study and the means of collecting information in it are also jacking. Manuscript profile -
Open Access Article
25 - Islamic Teachings and Decriminalization
Mohammad Ghaffari Rahim NobaharAbstract: This article tries to shed light on some Islamic foundations and concepts ‎according to which decriminalization becomes either permissible or necessary. Among ‎those foundations is insistence of Islamic teachings on different rights and freedoms of &lr MoreAbstract: This article tries to shed light on some Islamic foundations and concepts ‎according to which decriminalization becomes either permissible or necessary. Among ‎those foundations is insistence of Islamic teachings on different rights and freedoms of ‎citizens and particularly those return to their privacy. Islamic teachings also insist ‎promotion of good and virtue through free choosing of citizens rather than coercive ‎and external bans and restrictions. This approach, in its turn, requires a minimalistic ‎criminalization and occasionally decriminalization. Sometimes, experimental findings ‎achieved from criminalization suggest decriminalization. Religiously, these experiments ‎are valuable and cannot be belittled or ignored. Decriminalization in its Islamic reading, ‎however, in no way, consists with removal of blame from behaviours which are ‎religiously condemned and evaluated as evil. What is religiously assumed as vice cannot ‎be normalized or destigmatized. However, since criminalization follows some practical ‎considerations, every single evil is not, necessarily, a crime. Moreover, fighting evils is ‎not limited to criminalization or insistence on keeping a behaviour criminal.‎Keywords: Islamic criminal law, criminalization, social control, taʿzirāat, Ultima Ratio ‎principle.‎ Manuscript profile -
Open Access Article
26 - Investigating the criminal responsibilities of carriers of infectious diseases due to negligence from the perspective of Imami jurisprudence with an emphasis on the corona virus
Zaman Sandoghdar Reza Abbaspour (corresponding author) Seyed Mohsen RazmiSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) MoreSometimes the disease rises above the individual level and spreads. This epidemic may be irregular and irregular in terms of time (Sporadic) or in a small area such as a city or village (Outbreak), and sometimes its spread extends beyond a region or country (Epidemics) and sometimes the level of its spread becomes global (Pandemic). )). Facing each of these cases requires different health arrangements and requires different legal rules and planning. Dealing with the disease in the national arena requires a model consisting of coordinated, targeted and legitimate measures. This model is formed in paradigmatic structures based on many philosophical, legal and ethical principles and is designed according to the social structure of each society. What is needed to design the model is the explanation of basic rights and values that must be supported, and the other is the explanation of the goal and purpose in carrying out activities and programs and designing processes. All this is in an inherently variable state; Therefore, from the moral and legal point of view, the question is, which human rights has been threatened and endangered by the disease with the characteristics of Covid-19, and what is the justified set of behavior considering the contagiousness and the spread that has occurred or is occurring? It should be done in return to achieve the goals of control and health provision. According to the rule, for such a model, various goals may be considered for the patient and the disease, and accordingly, various behaviors can be envisioned to achieve these goals. Moral and legal norms will determine the limits of behavior. As a result, it may be effective to implement a program or behavior in the face of illness, but it is not justified in legal and moral terms. Manuscript profile -
Open Access Article
27 - Jurisprudential and legal bases of criminalization of refusal of rescue and rescue in the absence of obligation and contract
Mehri Salehi Ebrahim Yaghouti Vali RustaviThe institutionalization of the culture of helping a person in danger needs strong foundations so that it can be based on them permanently and permanently. Refusal to help a person in danger is against jurisprudence and legal as well as moral and religious standards and MoreThe institutionalization of the culture of helping a person in danger needs strong foundations so that it can be based on them permanently and permanently. Refusal to help a person in danger is against jurisprudence and legal as well as moral and religious standards and according to the single article of the penal law Refusal to help the injured, abandoning this common duty is criminalized based on various bases and according to the rule of "Qa'ida al-Ta'azir Lekol Muharram" it is necessary to punish those who help. A person is required to save another's life, he asks the question, what are the most important bases and sources that consider the ruling on the obligation to help necessary? Refusal to help a person in danger is based on various legal bases, including social cooperation, respect for the right to life. Naturally, utilitarian thoughts, the will of governments and social motives originate.From the foundations of jurisprudence, it is possible to refer to the jurisprudential rules of "aiding wrongdoing", "law of harm", "rule of al-Ta'zir for all Muharram" and enjoining what is good and forbidding what is evil. It is also possible to refer to the verse "Innallah Ya'amru bi'al-adl al-ihsan" , ihsan in its literal sense is also considered as one of the most important jurisprudential sources of the need to help another person. The findings of the research show the place of aid and relief and the importance and necessity of helping a distressed person in jurisprudence. Since jurisprudence is considered the most important legal source, therefore, the criminalization of this case in a single article is fed from the jurisprudential source. Manuscript profile -
Open Access Article
28 - Imami Rights and Rights for Education in France
Mohammad SalimiBecause as a tool to prove the truth and the reality of the law and regulations of the greatest importance. One could say that because; promote justice and peace in the community, so there is no reason or ambiguity in the proceedings, the cause of rights and justice. Ne MoreBecause as a tool to prove the truth and the reality of the law and regulations of the greatest importance. One could say that because; promote justice and peace in the community, so there is no reason or ambiguity in the proceedings, the cause of rights and justice. Necessary to achieve justice, business and the acquisition by the Ombudsman and his moral persuasion that in all areas, including criminal and civil proceedings is in force. Prashfthy legal system today, proof of contraceptive education is very important because of the law. Manuscript profile -
Open Access Article
29 - The Relation of Crime and Sin in Iran’s Legal System
Seyd Mohamadreza Ayati Hamze Esfandiyari“Crime” and “sin” are among the words used in everyday language assynonyms and interchangeable words. However, in the field of law,particularly Iran’s law, they are looked into differently. As far as history isconcerned, and since Iranian l More“Crime” and “sin” are among the words used in everyday language assynonyms and interchangeable words. However, in the field of law,particularly Iran’s law, they are looked into differently. As far as history isconcerned, and since Iranian law is under the influence of religious thought,there is a certain distinction between the two terms. Sin is a behaviourcontrary to divine or religious commands and prohibitions. However, crime isa legal term applied to modes of behaviour the prohibition of which is statedin law, no matter whether they are forbidden in divine law and religion or not.Following this attitude, if a certain mode of behaviour is forbidden in terms ofjurisprudence and divine law, but not prohibited in law, it is considered a sin.However, it would not be liable to prosecution in terms of law.Following the establishment of the Islamic Republic of Iran, thisapproach was considered deviation from religion. Thus the article 167 of theI.R.I constitution has removed the monopoly of criminalization from the law.So in default of law, judge is bound to refer to authoritative jurisprudentialsources or valid decrees (Fatwas). This attitude suggests the identity of sinand crime in Iran’s contemporary legal system.Hence, not only the prohibited acts stated in statutes are consideredcrimes, but those stated in jurisprudential sources are also liable toprosecution.Although this view involves a kind of precaution and suggests concernfor application of religious precepts and regulations, it is contrary to theintents of Divine Law as far as foundations are concerned. It also facesnumorous problems in terms of practice. So it seems impossible to findsolutions to these problems, And this attitude is not consistent with themodern process of legislation. Manuscript profile -
Open Access Article
30 - Studying Legal and Juridical Fundamentals of Restoration of Prestige in Penal Affairs
Faranak Heydari Dehaghani Mohammad NouzariSpiritual prestige and respect is the most important human capital and its importance is not equivalent to any other valuable issue; in fact, this is prestige and respect that enables human to play his social role; thus, damaging prestige may prevent human from obtainin MoreSpiritual prestige and respect is the most important human capital and its importance is not equivalent to any other valuable issue; in fact, this is prestige and respect that enables human to play his social role; thus, damaging prestige may prevent human from obtaining many tools and opportunities. Persons who are recognized as culprit or criminal are faced with endangered condition; since, through judicial investigation, their human prestige and respect is violated and it is necessary for considering method of restoration of prestige. Meanwhile, the government plays key role for restoration of prestige for damaged people and this responsibility is sometimes directly related to governmental associations including: Public Prosecutor or enforces the governmental associations to execute some tasks (for compensating the incorrect accusation opened against persons) and this task is also applicable for criminals as well. The topic of present research is restoration of prestige that means repairing and compensating damages applied to dignity and prestige of persons facing with penal investigation and also acquitted from criminal charge and also mistakenly convicted persons. Manuscript profile -
Open Access Article
31 - The Relationship between Maturity and Criminal Responsibility
Maryam Hosseini Ahagh Hossein MehrparvarAccording to the Islam law, after the age of discernment, theimplement of the corrigible and correctional imaginations becomespossible. According to famous view of Emami jurisprudences, girlsfrom 9 years old and boys from 15years old and with 6 yearsdifference enter in MoreAccording to the Islam law, after the age of discernment, theimplement of the corrigible and correctional imaginations becomespossible. According to famous view of Emami jurisprudences, girlsfrom 9 years old and boys from 15years old and with 6 yearsdifference enter in to criminal responsibility and they are consideredas mature persons (adolescents). In this article, this view is going tobe compared with the customary law and the origin of justice. Manuscript profile -
Open Access Article
32 - Effect of Ignorance of the Law in Criminal Responsibility According To the Imami Jurisprudence
Sayed Doraid Mousavi Mojab Mahdi MohammadiOne of the conditions of penalties, besides criminal behavior, is the authentication of criminal situation in a way we can attribute this action to its doer. This criminal capacity has two principles: knowledge and free will. If the doer is unaware to the law, it is cal MoreOne of the conditions of penalties, besides criminal behavior, is the authentication of criminal situation in a way we can attribute this action to its doer. This criminal capacity has two principles: knowledge and free will. If the doer is unaware to the law, it is called "Ignorance of Law", which has four kinds: intentional delinquent ignorance, non-intentional delinquent ignorance, intentional non- delinquent ignorance, and non-intentional non- delinquent ignorance. Considering the authentication of criminal situation, it can be said that ignorance of law removes criminal responsibility. According to the Islamic rules, non-intentional ignorance of law removes any kind of criminal responsibility. Manuscript profile -
Open Access Article
33 - Criticism and Chek of Citatiom Narrated by Eshagh Ebn Ammar on the Ruling Organ Transplant after Retribution
Ghasem Aref Aliakbar ArefThe present study investigates the method of citation by the jurists that is based on the reference of IshaqibneAmmarabout the verdict of organ transplant after the retribution. In doing so, this library research after the introduction and reviewing the present views on MoreThe present study investigates the method of citation by the jurists that is based on the reference of IshaqibneAmmarabout the verdict of organ transplant after the retribution. In doing so, this library research after the introduction and reviewing the present views on the issue, challenges the different views. Finally, the study verifies referring to this citation and concludes the theory of generalization of the amputation of the criminal’s transplanted organ relating to the criminal. Despite the famous view of the jurists, the present study brings up the details between the agent of the crime and the ambiguity of the crime for amputation. Manuscript profile -
Open Access Article
34 - Legislative-executive critique, the philosophy of punishment of repentant criminals in ta'zir crimes non-Determined
Amin Jalili seyd Mohamad Mehdi SadatiTrue repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the in MoreTrue repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the influence of the institution of repentance in the partial fall of the government's punitive punishments and the inability of the judiciary to issue a moratorium on prosecution is contrary to the rationality and spirituality hidden in Islamic criminal policy and the judiciary being a judge. The organization of the judicial cycle of the Islamic Republic of Iran on the criminal policy of Islamic punishment requires the reliance of the penitentiary on the criminal response to the act of punishment. Therefore, it is appropriate for the divine institution of repentance in criminal law to be the muscat of punishment for all punitive crimes of the government by all judicial authorities. Avoiding criminalism and paying attention to moral values and social interests in the legislative stage and preventing procrastination and increasing the volume of cases in the executive dimension, are among the goals of the author to take this position. Manuscript profile -
Open Access Article
35 - Criminalizing by Quran and Rationality
Vahab DaneshPazhouCriminalization is a process whereby legislators with regard to the basic norms and values of society and relying on its foundations; prohibit behaviors anddetermines criminal sanctions for them. The Quran also commands norms for managing individual and society, and p MoreCriminalization is a process whereby legislators with regard to the basic norms and values of society and relying on its foundations; prohibit behaviors anddetermines criminal sanctions for them. The Quran also commands norms for managing individual and society, and protect the human value and criminalized behaviors detrimental to the fundamental interests of the masses. Criminalization of the Koran is assessable in support of human values and fundamental interests of society that story ofconsistent with the Rationality and compliance with human rights. Manuscript profile -
Open Access Article
36 - investigating the criminal laws and regulations on children and adolescents in Iranian law and its effect on reducing social harms
sadegh khademi Ali janipour Karam janipourThe purpose of this article is to investigate the impact of criminal laws and regulations on domestic law and its role in reducing social Harmes. The study population is law students in Yasuj and Shiraz, from which 250 people were selected and according to Cochran's for MoreThe purpose of this article is to investigate the impact of criminal laws and regulations on domestic law and its role in reducing social Harmes. The study population is law students in Yasuj and Shiraz, from which 250 people were selected and according to Cochran's formula, 152 people were studied as a sample size by simple random sampling. The method used in this research is quantitative and a questionnaire. The data obtained from the questionnaire are analyzed using SPSS statistical software at two levels.In the first level, it has been analyzed using descriptive statistical methods (frequency, mean and standard deviation) and in the second level, using inferential statistical methods (one-sample t-test). findings show that strict laws such as imprisonment along with deterrent laws and alternative social punishments can play an important role in reducing social harms. In addition, the Office for the Protection of Children's Rights approved in 1399 is a new idea that can play an important role in reducing social harms if appropriate approvals are implemented. In addition, pre- and post-penal repair mechanisms play an important role in reducing social harms. Efforts to reduce social harm through domestic laws and regulations can also provide an indigenous model for reducing this social problem. Manuscript profile -
Open Access Article
37 - A Sociological Approach to the Penal Populism Phenomenon
Fatemeh dehdarzadeAdopting a penal populist approach by the criminal justice administrators and policymakers has been one of the most important damages the different systems of criminal justice have been faced with in the recent decades. By reviewing all the available literature on the i MoreAdopting a penal populist approach by the criminal justice administrators and policymakers has been one of the most important damages the different systems of criminal justice have been faced with in the recent decades. By reviewing all the available literature on the issue and, using descriptive-analytical methods and library studies, the present research tried to study the penal populism phenomenon through a sociological approach. In other words, as its most important objective, the present research is concerned with explaining and analyzing sociological contexts leading to the formation of penal populism. The findings showed that different sociological contexts help in rising penal populism phenomenon in a criminal justice system and criminal policy - from which public ignorance, undeniable impacts of mass media, and ever increased public fear of crime can be mentioned as the most important ones. It seems that, controlling or decreasing social contexts which result in penal populism require ever more increasing of mass awareness, optima and consistent management of mass media, and ever more use of criminological and sociological findings in the process of fighting crimes. Manuscript profile -
Open Access Article
38 - The Fundamental Evaluation of Social Deviations with the Emphasis on Interaction Theory
Ahmad Shams -
Open Access Article
39 - COMPONENTS AND CHALLENGES IN CODIFICATION OF ENVIRONMENTAL CRIME INDICES AS AN INTERNATIONAL CRIME
maryam jambozorg Mansour Pournouri Seyed Abbas Poorhashemi Davoud Hermidas BavandThere is no doubt that protection of environment is considered as the most critical need of human being for achievement of better qualities of life and realization of sustainable development goals in the 21st century. This is involved with numerous challenges, since the MoreThere is no doubt that protection of environment is considered as the most critical need of human being for achievement of better qualities of life and realization of sustainable development goals in the 21st century. This is involved with numerous challenges, since the contemporary human still lives on the basis of irregular development and preference of personal short-term interests rather than long-term ones. Although several international regulations have been ratified for the protection of environment in the second half of the 20th century and after the establishment of Stockholm Conference, most of the regulations in international environmental law which aimed to prevent environmental pollution and degradation could only address the compensation for the environmental damages. However, the intensity of environmental disasters in today's world is to the extent that the need for performing more decisive actions is seriously felt; actions which could prosecute those who produce environmental pollution and degradations as criminals. This study attempts to investigate the challenges which criminalization is internationally faced and to highlight the effective and mostly positive components in codification of environmental crime indices. Manuscript profile -
Open Access Article
40 - The Non-criminal prevention the illegal exploitation of mines and its agents in Iran
robabeh ajodani babak pourghahramaniMining is the place where has been accumulated metals and stones with economic values. Any harvesting operation requires a license from the industry, mine and trade Organization And criminal reactions in the field seems to be inadequate. The aim of this study preventive MoreMining is the place where has been accumulated metals and stones with economic values. Any harvesting operation requires a license from the industry, mine and trade Organization And criminal reactions in the field seems to be inadequate. The aim of this study preventive mechanism against illegal exploitation of mines in Iran.Data collecting method is documentary and data analysis method is analytical-descriptive.Due to the importance of mines the legislator by the deterrent legislation should be sought to prevent the illegal exploitation of mines, unfortunately, this procedure is not coherent and it shows in exchange of illegal exploitation of mines the criminal policy of Iran, More repressive to preventive aspects. Pointed out that the illegal exploitation of mines has always been a major challenge for the country, therefore, it is important to resort to pre-emptive ways.According to the teachings of criminology, applying various forms of social and situational prevention can also play an important role in controlling the illegal exploitation of the mines. Education and awareness, promotion of popular and situation culture, including measures of social prevention and control measures applying in its aspects, are among the situational prevention strategies that can be used to reduce the incidence of illegal exploitation of mines. Manuscript profile -
Open Access Article
41 - The Role of Legal and Criminal Safeguards in Supporting Private Urban Green Space
shirin shirazian mohammad shahpariThe context and purpose of laws and regulations has always been one of the most important and effective tools of governments to preserve the fundamental values of society; Thus, since the 1972 Stockholm Conference, environmental values have been defined as one of th MoreThe context and purpose of laws and regulations has always been one of the most important and effective tools of governments to preserve the fundamental values of society; Thus, since the 1972 Stockholm Conference, environmental values have been defined as one of the fundamental values of human society. All countries are required to develop safeguards to protect the environment. One of the important components of the environment is vegetation, which is known in cities as urban green space. In Iran, several environmental laws have been developed at various levels, including legal, criminal, administrative and regulations. Therefore, laws and regulations are set and developed as tools of urban decision-making structure in order to protect and preserve these spaces in order to achieve the goals of urban sustainability and environmental justice.The research method in this article is descriptive-analytical which has been tried to collect laws, regulations related to the preservation and development of urban green space and also to identify challenges, gaps and shortcomings in the implementation and legal maintenance and development of urban green spaces and its privacy, take action. One of the most important laws in the field of urban green space is the bill on protection and expansion of green space in cities (approved in 1980) and the law amending the law on protection and expansion of green space in cities (approved in 2009). In order to preserve and develop urban green spaces, these laws have resorted to some legal and more criminal enforcement guarantees.The results of this study indicate that the laws and regulations related to green space in Iran are old and have many gaps and criticisms and in some cases it seems that it cannot meet the support needs as well as the development and maintenance of urban green space. Manuscript profile -
Open Access Article
42 - Environmental Terrorism Criminalization; Challenges, Norms and Strategies
Sayeed Abbas Puorhashemi Payman Namamian Sobhan TayebiBackground and Objectives: Todays abuse of the Environment and the living World, both as atTarget and as a tool for Terrorist Activity is Evident. In this context, "green war" with the changingface of terrorism as a phenomenon, emerging in the contemporary world appears MoreBackground and Objectives: Todays abuse of the Environment and the living World, both as atTarget and as a tool for Terrorist Activity is Evident. In this context, "green war" with the changingface of terrorism as a phenomenon, emerging in the contemporary world appears. Not only theinternational laws, but domestic laws (National) did not counter this threat practically. It providesemerging threats. However, the applicability of legal principles, strategies could also replace the antiterrorismactions effectively and provide appropriate solutions for this crisis. Green or environmentalterrorism, including terrorism with new environmental elements, conveniently located on the route ofterrorist activity.Methods: The Presented cross-sectional study based on the principles, methods, libraries research andthe forwarded ways based on the cross-sectional and Library Noting including old and new aspects ofthis new phenomenon of terrorism is discussed. In this regard, the proposed environmental terrorismas a global risk coping strategies are also reviewed and considered with the best route is diplomacy.Results: In addition to describing the implementation of these strategies in this regard, this study hasattempted to offer effective strategic approaches to tackle the new criminal law as "green terrorism" or"the ecosystem drawing" with the best tackle of the mechanisms which provides emerging threats. Manuscript profile -
Open Access Article
43 - Identifying and Prioritizing the Factors Affecting the Bankruptcy of Iranian Firms
Alereza Mohammadnezami Zahra Lashgari Hossein Izadiهدف از این پژوهش بررسی شناسایی واولویت بندی عوامل تاثیرگذار بر ورشکستگی شرکتها در ایران بوده است. تعداد نمونه در این تحقیق 191از خبرگان درموضوع ورشکستگی میباشد و از روش نمونه گیری تصادفی برای انتخاب شرکت کنندگان در تحقیق استفاده شده است. پرسشنامه استفاده شده در این تحقی Moreهدف از این پژوهش بررسی شناسایی واولویت بندی عوامل تاثیرگذار بر ورشکستگی شرکتها در ایران بوده است. تعداد نمونه در این تحقیق 191از خبرگان درموضوع ورشکستگی میباشد و از روش نمونه گیری تصادفی برای انتخاب شرکت کنندگان در تحقیق استفاده شده است. پرسشنامه استفاده شده در این تحقیق با استفاده از روش دلفی و بهره گیری 15نفر ازاساتید در موضوع تنظیم ونهایی شده است . برای بررسی صحت فرضیات تحقیق از روش آزمون تی تک نمونه ای، آزمون رگرسیون و تحلیل سلسله مراتبی استفاده شد. نتایج پژوهش نشان دادند پنچ عامل خطاهای مدیریتی، اعمال مجرمانه، بحرانهای محیطی، خطای های حسابداری، عامل حوادث عمده ترین گروه هایی هستند که موجب ورشکستگی شرکتها در ایران هستند و عامل خطاهای مدیریتی اولین اولویت ورشکستگی شرکتها در ایران بوده است لذا بهره گیری از روشهای نوین مدیریت در سطوح مختلف شرکتها جهت جلوگیری از خطاهای مدیریتی در تصمیم گیری ها و ورشکستگی شرکتها سودمند خواهد بود. Manuscript profile -
Open Access Article
44 - The role of guarantee of legal and criminal executions in protecting consumer rights in genetically modified products
elahe soleimani Shirin Shirazian Maryam afshariConsidering the unknown long-term effects of genetically modified products and the complexities of proving guilt and the relationship between the consumption of these products and their effects on humans and the environment, it is necessary to formulate a special legal MoreConsidering the unknown long-term effects of genetically modified products and the complexities of proving guilt and the relationship between the consumption of these products and their effects on humans and the environment, it is necessary to formulate a special legal system based on the approval of a law specific to these organisms.In this article, using library sources and analytical-comparative method, first of all, the concepts and generalities related to genetically modified products and the difference between the guarantee of executions in the legal system of Iran and the European Union are discussed, the existing challenges and finally the solutions to solve them. These challenges have also been explainedIran's biosafety law, unlike the European Union regulations, does not clarify the compensation system and the method of compensation, and for this reason, it cannot be expected that consumer rights will be properly protected.The biosafety law regarding the rights of consumers of transgenic products has shortcomings and loopholes, which due to the rapid developments in the field of biotechnology, especially the production of more transgenic products and their commercialization, doubles the necessity of its amendment. Manuscript profile -
Open Access Article
45 - Restorative Mechanisms against Environmental Crimes in Iran’s Criminal Justice System
Fatemeh dehdarzadeAs a criminal phenomenon, environmental crimes require provisioning reactive strategies by administrators of criminal justice system. Restorative mechanisms as a considerable part of reactive strategies and their statuses in the criminal justice system are of subjects l MoreAs a criminal phenomenon, environmental crimes require provisioning reactive strategies by administrators of criminal justice system. Restorative mechanisms as a considerable part of reactive strategies and their statuses in the criminal justice system are of subjects less studied analytically. Using descriptive-analytical methods and library data, the present research explained and evaluated restorative mechanisms against environmental crimes in the present Iranian criminal justice system. The results showed that although in the present Iranian criminal justice system and regarding environmental crimes restorative mechanisms don’t function as criminal and suppressive mechanisms, this doesn’t mean that criminal legislator has ignored them altogether; in fact, some strategies can be explained and evaluated including environmental mediation, provisioning restorative function for NGOs, damages awarded by courts as some complementary for criminal punishments, and also legal assistance for the victims of environmental crimes. Despite the fact that Iranian criminal legislator considered partially the restorative mechanisms against environmental crimes, some faults can be seen in implementing these mechanisms among which more important ones include limited intervention by NGOs in the preferring process and participating in hearings, approving by the head of the judiciary the names of NGOs authorized in performing these duties, making non-mandatory the environmental liability insurance for the future professions, lack of legal regulations on compensation funds for environment. Manuscript profile -
Open Access Article
46 - Analysis of Crimes against the Environment in Relation to National Security and Public Order; Challenges and Solutions
sarah ziadkhani SADEGH SALIMI ABDULALI GHAVAMNational security can be discussed as a very important phenomenon, and one of these areas is the environmental issue, which has caused the formation of new debates under the title of environmental security. The numerous characteristics of environmental damage that have MoreNational security can be discussed as a very important phenomenon, and one of these areas is the environmental issue, which has caused the formation of new debates under the title of environmental security. The numerous characteristics of environmental damage that have irreparable effects have caused this category to become a significant influence in jeopardizing national and international security and to face a serious risk to sustainable development. Green Crime has endangered the national security with its characteristics. By recognizing one of the anti-green crimes under the title of crimes against security, Iran's legal system has paid attention to the fact that environmental crimes can endanger national security in some cases. However, in other dimensions, the anti-green crime has not had a coherent criminal policy in the areas of criminal law, which is proposed to be achieved in the form of differential criminalization. This research, using descriptive-analytical method, will firstly describe the green belt and environmental security, and then, from a legal and criminological point of view, it will investigate the impact of the green belt on national security and environmental security, and will discuss the challenges and solutions in this field. Manuscript profile -
Open Access Article
47 - Preventive Criminal Policy on Threats and Destruction of Aquatic in Iran
Babak Pourghahramani Ahmad KhaniThe protection of aquatic resources, as a national capital and a platform in which today's generation and future generations should have a growing social life, has been considered in all systems of government. Aquatic animals are one of the most important human food res MoreThe protection of aquatic resources, as a national capital and a platform in which today's generation and future generations should have a growing social life, has been considered in all systems of government. Aquatic animals are one of the most important human food resources. Various economic, commercial, employment and community health aspects are important. But due to the unprincipled activities of human beings, these great divine resources are being destroyed. Therefore, protection of aquatic resources and prevention of potential hazards seems necessary. This article has been written with the aim of investigating the preventive criminal policy regarding the threat and destruction of aquatic animals in Iran. The research method is library and descriptive-analytical. The findings of the study indicate that criminal intervention alone is not sufficient and effective to protect and conserve aquatic resources, but requires social prevention such as education and awareness, culture, public participation and preventive strategies such as monitoring and inspection and increase the risk of crime. . Of course, in this way, the authorities, while believing in non-criminal prevention measures, should continuously redouble their efforts in this way. So they can contribute to the sustainability of the animal environment without resorting to criminal means. Manuscript profile -
Open Access Article
48 - Jurisprudential review and guarantee of criminal execution of dowry, alimony and custody Looking at the Quranic teachings
nayere Muhammad Ali Ibrahim maryam aqaei bajestani seyed mohamadreza emamEnforcement of criminal law in family law is one of the most important and controversial issues that has always been the subject of discussion. In this article, an attempt has been made to study the jurisprudence and guarantee the criminal execution of dowry, alimony an MoreEnforcement of criminal law in family law is one of the most important and controversial issues that has always been the subject of discussion. In this article, an attempt has been made to study the jurisprudence and guarantee the criminal execution of dowry, alimony and custody. The present article is an analytical descriptive study of the subject using the library method. The results of the article indicate that dowry, alimony and custody from the jurisprudential point of view contain instructions to protect the rights of couples and children. Criminal law also provides for a criminal guarantee for non-payment of alimony and dowry, as well as non-acceptance of custody. The Family Protection Law adopted in 2012 has intensified its punishment in cases such as the criminal execution of leaving alms. The penal provisions of the law in some cases, such as non-registration of marriage in terms of rules and principles of legislation such as necessity, comprehensiveness, face serious gaps and ambiguities. Regarding the dowry, of course, admirable efforts have been made to adjust and balance the dowry. Manuscript profile -
Open Access Article
49 - Investigating the degrees of premeditated murder based on the psychological element with emphasis on Quranic texts
Hamidreza Dejan Mehdi Sabooripour Mahmoud Ruh Al-Amini Seyed Mehdi Ahmadi MousaviIn Iranian legislative systems, unlike other legal systems, the classification of murder is not recognized. Now the important question is, how can combine the "standard criterion" that is the criterion in "acting typically causing murder another" with the personal crite MoreIn Iranian legislative systems, unlike other legal systems, the classification of murder is not recognized. Now the important question is, how can combine the "standard criterion" that is the criterion in "acting typically causing murder another" with the personal criterion based on "perpetrator awareness and attention"? The answer is that materially and externally, the perpetrator's action should not be based on a certain criterion, i.e, from the point of view of a "normal person", in most cases, it leads to the murder of another, and unintentional murder, but also from a psychological point of view, should be found that he was aware of this. In this article, while analyzing the concept of jurisprudential and classical premeditated murder, we examined its degrees according to the severity of criminal intent and concluded that the type of grading is both effective in the amount of punishment and it can be in accordance with the principles of criminal justice. Manuscript profile -
Open Access Article
50 - Reflection on the death of apostates and infidels in criminal jurisprudence with emphasis on Quranic teachings
hamidreza dezhan Esmaeil EslamieAbstract In general, in Islamic society, protecting people and respecting their blood is a principle, and Islam has never allowed the violation of the lives of people living in its territory. According to the jurists, jurists, religious texts, and consequently the Islam MoreAbstract In general, in Islamic society, protecting people and respecting their blood is a principle, and Islam has never allowed the violation of the lives of people living in its territory. According to the jurists, jurists, religious texts, and consequently the Islamic Penal Code, committing certain acts and behaviors by Muslims or people living in Islamic lands causes their blood to be allowed, which the jurists and jurists consider They call it Mahdoor al-Dam. The death of an apostate and infidel is one of the most important issues in Islamic political jurisprudence, which is mentioned in many verses and hadiths. In this article, the reaction of the Iranian political-legal system to these two crimes will be studied through analytical-descriptive and library methods. This article, while examining these two crimes, concludes that in our jurisprudential and legal system, killing infidels of the military type and apostates of the natural type is the consensus of Shiite jurists, of course, given the current situation and the establishment of the judiciary and institutions. Relevant and in order to prevent chaos and disruption in the social system and weaken the Islamic government, the implementation of such rulings is the responsibility of individuals in society and is one of the main duties of the government. Manuscript profile -
Open Access Article
51 - Responding to the assassination of Sardar Shahid Soleimani (with emphasis on Quranic principles)
vahid nekoonamOn the morning of January 3, 2020, the US government assassinated Sardar Soleimani, commander of Iran's Quds Force, and his entourage, as well as a high-ranking Iraqi military official. This terrorist act, which took place on Iraqi soil, violates many international rule MoreOn the morning of January 3, 2020, the US government assassinated Sardar Soleimani, commander of Iran's Quds Force, and his entourage, as well as a high-ranking Iraqi military official. This terrorist act, which took place on Iraqi soil, violates many international rules, However, it is important to note that according to the legal structure of Iran, which is based on the jurisprudence, referring to jurisprudential sources, especially the Holy Quran, to establish a system of response is extremely important. By referring to jurisprudential sources, at first aspect, the two rules of Retaliation and self-defense in this field can be examined.This article, through analytical and descriptive methods, first examines the possibility of relying on these two jurisprudential rules and then examines the principles of the accepted rule from the perspective of the Qur'an. With this statement, the main question of this research is that considering the challenges in international law regarding the fundamental violation of international rules by the United States on the subject of the martyrdom of Sardar Soleimani, to what extent can the capacity of Quranic principles be used in the field of response?The results of this article show that according to the US approach in the international arena and its presence in the Security Council, the possibility of judicial review is limited and therefore the subtlety of the rule of restraint is suggested. Manuscript profile -
Open Access Article
52 - An Analysis on Quranic Bsics of Criminalization of Environmental Crimes
Abouzar Salari Far Seyyed Mahmoud Mir Khalili Seyyed Doraid Mousavi MojabEnvironmental crime is a combination of harmful behaviors which damage the environment directly or indirectly. In religious sources as well as Holy Quran harmful behaviors to the environment has been condemned. Mighty Allah ignores any behavior which damages the environ MoreEnvironmental crime is a combination of harmful behaviors which damage the environment directly or indirectly. In religious sources as well as Holy Quran harmful behaviors to the environment has been condemned. Mighty Allah ignores any behavior which damages the environment. Since any behavior which results in damage or destruction is known as corruption, thus it would be punished and penalized. On the other hand the environment and natural sources are known as Allah’s beauty samples and symbols. Although Holy Quran does not express the type of punishment for the environment’s destructors in any Verses, according to the ignorance of the mentioned behavior it deserves punishment and penalize. Manuscript profile -
Open Access Article
53 - Quranic and Validity of the Retribution of the Murderer of the Murdered Woman
Fatemeh Mohammadi Davoud Dadash Nezhad Morteza BaratiMurder is the deprivation of one’s living right intentionally in ways provided by law. In Islamic law and jurisprudence, murder has been given particular importance as it is considered a cardinal sin and has been strongly denied and strongly disobeyed; the pe MoreMurder is the deprivation of one’s living right intentionally in ways provided by law. In Islamic law and jurisprudence, murder has been given particular importance as it is considered a cardinal sin and has been strongly denied and strongly disobeyed; the perpetrator has been promised a hard punishment in Hereafter. . On the other hand, murder and various opinions about it have always been a challenge for the judges since Holy Qur'an has not explicitly spoken about this type of crime and its punishment. This article tries to define retaliation as well as explaining the basis of the abovementioned verdict in Quran and traditions; comments on the jurisprudence of the Imamiyah and the public regarding this issue are discussed as well. Librarian research method has been applied. Manuscript profile -
Open Access Article
54 - A literary comparative study of the jurisprudential documents of the ruling of cursing the Prophet based on the opinions of the two teams
hamid reza dezhan esmaeil eslami mohammad fatehiSab-ul-Nabi is one of the topics of Islamic penal jurisprudence, which is very important and many verses and traditions refer to it. Since in Islamic penal jurisprudence, a special punishment is provided for this title. Therefore, it can be used as an argument for the o MoreSab-ul-Nabi is one of the topics of Islamic penal jurisprudence, which is very important and many verses and traditions refer to it. Since in Islamic penal jurisprudence, a special punishment is provided for this title. Therefore, it can be used as an argument for the opponents of this ruling. So, what is the plan of this topic, Sab-ul-Nabi? And who is Subal-Nabi? And what is its condition is of special importance. All Islamic schools of thought and all jurists of Fariqin have considered Sab-ul-Nabi as one of the crimes punishable by death. With this difference, there is no independent chapter under the title Sab-ul-Nabi in the jurisprudence books of Ahl al-Sunnah, so they examine this issue under the topic of apostasy. Therefore, in this article, the reaction of Iran's jurisprudential-legal system will be studied with analytical, descriptive and library methods. Key words: penal jurisprudence, criminal law, Sab- ul-Nabi, Sunnah jurisprudence. Manuscript profile -
Open Access Article
55 - Criminal liability of legal persons in cyber theft
احمد مرادخانی سید محسن رضوی اصلCyber theft is among the crimes that occur in cyberspace, and although the substantive conditions and constituent elements of a crime, no different from the traditional theft, but the difference in the crime, distinguishing the two types is stealing from each other. The MoreCyber theft is among the crimes that occur in cyberspace, and although the substantive conditions and constituent elements of a crime, no different from the traditional theft, but the difference in the crime, distinguishing the two types is stealing from each other. The perpetrators of Internet piracy as well as other crimes can be both natural and legal persons. The perpetrators of Internet piracy as well as other crimes, can be both natural and legal persons and the issue of criminal liability of legal persons in the Penal Code Act of 1392 explicitly accepted, in the computer crimes law in Articles 19 to 23 Has been studied and It is seen that in this law, penalties far more severe than the punishment prescribed for the legal person designated for the theft of computer and internet is a real person. and It is seen that in this law, penalties far more severe than the punishment prescribed for the legal person designated for the theft of computer and internet is a real person. Manuscript profile -
Open Access Article
56 - Foundations of Condemned's Rights in the Execution Phase of Criminal Sentence With emphasis on Jurisprudence
احمد مرادخانی طاهره جعفریIn the current criminal law, it is important to attend the right of condemned in the step of forcing criminal edict.It’s difficult to achieve the objectives of punishment and Criminal justice without considering condemned’s rights. In the law of Islam, pers MoreIn the current criminal law, it is important to attend the right of condemned in the step of forcing criminal edict.It’s difficult to achieve the objectives of punishment and Criminal justice without considering condemned’s rights. In the law of Islam, personality and right of condemned is attended ,both in setting the law and forcing it According to importance of observing rights of condemned in enforcing criminal edicts and prohibiting insult , torture and contempt in the law of Islam, observing justice to conflict with condemned and having security, protecting life, generosity, reputation or human honor of condemned and observing the principles of making penalty individual are the principles of rights of condemned in enforcing criminal edict That also have been emphasized in Jurisprudence. It is injustice to act equally with the condemned without considering mentioned foundations, merits and abilities of a person. Justice is that merits are considered at the same time with equality of people against law. Same and inflexible behavior and lack of observing the individual merits can not be useful and achieve justice. Manuscript profile -
Open Access Article
57 - Doubt on the subject of crime in Islamic jurisprudence and punishment in 2013
kazem mohebian Nasrin Karimi Ismat al-Sadat Taba al-Taba'iAbstract In this article, we discovered that in the Iranian penal system, the provisions of both the former Islamic Penal Code and the Islamic Penal Code of 1392, introduced the issue of the hesitancy of a murderer between certain or non-deterministic individuals, and t MoreAbstract In this article, we discovered that in the Iranian penal system, the provisions of both the former Islamic Penal Code and the Islamic Penal Code of 1392, introduced the issue of the hesitancy of a murderer between certain or non-deterministic individuals, and that the most difficult stage of crime was the crime It is a trial because the reasons for proving the crime are not always clear and as contradictory as each other; the suspicion created by the crime proving that which perpetrator is the real killer is a glimpse of a detailed science and the science in which it belongs Science has been questioned.In the fall of qisas in cases of doubt in committing a crime, there is a consensus among the jurists, but it is different about the responsibility for paying dividends. The famous comment of the jurists is the payment of the penniless and damnable damn by all the defendants, and some jurists believe that the payment of Diyat by Beit Elmal and some also believe that the payment of Diyat by deceivers is oaths and some also believe in paying Diyat through the lottery . Manuscript profile -
Open Access Article
58 - Explain how to investigate crimes against chastity in Iranian jurisprudence and criminal law
Gholamali Nasiri Rashid Ghadiri Maryam Naghdi Kamran GhodousiThis research has been descriptive-analytical in which the principles and rules governing the investigation of crimes against chastity in jurisprudence and criminal law have been examined. Islam's criminal policy on these crimes is based on strictness in proving, coveri MoreThis research has been descriptive-analytical in which the principles and rules governing the investigation of crimes against chastity in jurisprudence and criminal law have been examined. Islam's criminal policy on these crimes is based on strictness in proving, covering up, and preventing the crime from being revealed by the wrongdoer, the people, and the judge, which is based on the Shari'a's emphasis on preventing the spread of prostitution. This policy includes crimes against chastity. In formulating the criminal procedure of 1392, the legislator has placed the principle on the prohibition of research and has specified the cases of research license. According to the law, the investigation of these crimes should be done directly in court due to the spread of prostitution, but in the judicial procedure, it is observed that in some cases, this investigation is carried out in the prosecutor's office. Manuscript profile -
Open Access Article
59 - Non-Criminal criminal justice policy in support of natural resources
amir ahmadi Sabar Rahmat AbadiThe importance of addressing the issue of protecting natural resources, including national lands, with regard to the nature and effects and effects of it, especially in the Iranian society, can be one of the priorities in the field of criminal justice policy, given the MoreThe importance of addressing the issue of protecting natural resources, including national lands, with regard to the nature and effects and effects of it, especially in the Iranian society, can be one of the priorities in the field of criminal justice policy, given the speed of destruction and threats to natural resources. Also, according to the words of the Supreme Leader who has emphasized on prevention in the field of natural resources such as cultivation, degradation of forests and the like, the necessity and importance of research can be found. The purpose of this study is to use applied and problem-oriented research and the type of research is descriptive and analytical. Because we are considering and presenting a solution to a social issue called the criminal justice policy in the field of protecting natural resources, we are looking for the disadvantages and deficiencies in this area. Hence, by studying social prevention and status in the area of protecting natural and national resources. Firstly, we want to determine what judicial action has been taken in the area of natural and national natural resources in the field of non-refoulement, which seems to be a serious concern in this regard. To prevent and prevent crime in this area. Secondly, we will address the issues of deficiencies and deficiencies in this area. It is also suggested that all devices, with the appropriate legal and scientific policies and practices, cooperate with NGOs to institutionalize the culture of protecting natural resources. Manuscript profile -
Open Access Article
60 - The Jurisprudential-Legal Principles of Iran's Criminal Policy to Combat Water Crimes
Farzaneh Moradi Farzaneh Moradi Seyed Mahmood Mirkhalili Shahrdad DarabiWater Crimes are those whose "water resources" are both surface and underground; More precisely, any behavior (whether verbal or verbal) that in some way leads to the destruction, destruction, pollution or infliction of any damage or damage to water resources and is pun MoreWater Crimes are those whose "water resources" are both surface and underground; More precisely, any behavior (whether verbal or verbal) that in some way leads to the destruction, destruction, pollution or infliction of any damage or damage to water resources and is punishable by law, It will be entitled "Water Crimes". Obviously, the basic philosophy of criminalization of water crimes is to protect these resources, given their vital role in various aspects of human life and to act in accordance with the basic human contract for the formation of society, namely the "social contract". Despite the acceptance of the need to use the capacity of all different sciences toconserve water resources and to utilize the knowledge of criminal policy and to measure the extent to which existing criminal policy is available in the country against water offenses, we have no choice but to carefully examine the existing criminal policy. And there is no doubt that the study of this matter requires a preliminary examination of its foundations. Given the supreme position of jurisprudence and the law as the basis for the criminalization of these crimes, this article will deal with the legal and legal foundations of this important issue. Manuscript profile -
Open Access Article
61 - Crime Prevention Rights in Religious and Jurisprudential Doctrines
Soheila Ebrahimzade Shahrdad Darabi Vahid NekonamThe purpose of the present study is to review crime prevention rights in religious and jurisprudential doctrines. The research method is descriptive-analytic and the results showed that the true religion of Islam, in addition to giving priority to preventing sin compare MoreThe purpose of the present study is to review crime prevention rights in religious and jurisprudential doctrines. The research method is descriptive-analytic and the results showed that the true religion of Islam, in addition to giving priority to preventing sin compared to mere punishment, presents valuable doctrines to sustain human dignity and to respect people's privacy while taking preventive measures. Paying attention to these doctrines will guarantee sustenance of the citizens' fundamental rights in the process of criminology prevention. Manuscript profile -
Open Access Article
62 - Examining the authenticity of the confession before the competent court and general judicial officers
Ahmad Bajelan Seyed Mohammad Mehdi AhmadiConfession is considered as the best and surest reason for convincing the human conscience in condemning the accused, and its value is such that sometimes to express it, the perpetrators resorted to torture and even the death of the confessor. On the other hand, in many MoreConfession is considered as the best and surest reason for convincing the human conscience in condemning the accused, and its value is such that sometimes to express it, the perpetrators resorted to torture and even the death of the confessor. On the other hand, in many cases, the confessions of the accused are not accepted by the court and are rejected by the judicial authorities, who, for example, reluctantly lose Reza and make it legally invalid, which in some cases even raises the possibility of police recourse. They assume in a biased and unfair way and consider it as a case against the accused. Since the police, and especially the detectives (according to the central confession of the ruling laws), are constantly dealing with the issue of confession and its margins, and in order to complete the case, they have to obtain a confession from the accused and consider it as the main reason for the crime. Therefore, it is necessary to be aware of the role of confession and its effectiveness and to be familiar with the causes of its corruption. Manuscript profile -
Open Access Article
63 - Achievements of human dignity in sentencing
Farahnaz Nazeri sharibani Alireza SaberianThe present study examines the attention and adherence to human dignity and has a significant impact on the rights of offenders, plaintiffs, plaintiffs and defendants, and the extent of punishment in a criminal system. Therefore, in terms of purpose, it is applied and p MoreThe present study examines the attention and adherence to human dignity and has a significant impact on the rights of offenders, plaintiffs, plaintiffs and defendants, and the extent of punishment in a criminal system. Therefore, in terms of purpose, it is applied and problem-oriented, and the type of research is descriptive-analytical. In this study, an attempt has been made to answer the question of what are the achievements of human dignity in sentencing? The results showed that human dignity as a universal principle of religious and Islamic universality and an international norm related to human rights has introduced criteria in determining punishment such as equality, proportionality, human punishment and in the field of criminal law. Manuscript profile -
Open Access Article
64 - Criminal Policy of Islamic Jurisprudence in the Field of Political Crime
Mansur Torkashvand Abbas Ali Heidary Mahmood Gauom zadahSince no comprehensive research has been done on the criminal policy of Islamic jurisprudence in the field of political crime, so research in this case is necessary and necessary. Therefore, the purpose of this study is to examine the views of Islamic jurists on the cri MoreSince no comprehensive research has been done on the criminal policy of Islamic jurisprudence in the field of political crime, so research in this case is necessary and necessary. Therefore, the purpose of this study is to examine the views of Islamic jurists on the criminal policy of Islam It is a political crime and the most important question is: What measures has Islamic jurisprudence taken for political crimes? Fornication is apostasy, espionage and moharebeh, which in the crime of gardening, the jurists believe in ta'zir, and the perpetrator of fornication is either killed or imprisoned by the ruling order, and in the crime of apostasy, the natural apostate man is killed, but the national apostate man repents. Failure to do so is killed and the apostate woman is not killed and imprisoned until she repents and the perpetrators of moharebeh and corruptors on earth are punished in jurisprudence, execution or crucifixion or amputation of the right hand and left leg or denial and in case of spying The jurists have ordered the punishment of a spy. Manuscript profile -
Open Access Article
65 - Legal-jurisprudence Principles of Islamic Republic of Iran Criminal Policy against Behaviors leading to air pollution:Challenges and Solutions
Manzar Karimi Ali Mashhadi Mohamad BaraniIn fact, behaviours leading to air pollution includes omissions and acts leading to release of one or some contaminants in the air in a way that some changes are noticed in the air quality and these changes put human and other living beings health in danger and they are MoreIn fact, behaviours leading to air pollution includes omissions and acts leading to release of one or some contaminants in the air in a way that some changes are noticed in the air quality and these changes put human and other living beings health in danger and they are harmful and cause disturbance in public welfare or reduce it drastically. The consequences and negative effects of such behaviors ( hygienic, social, political, legal aspects and etc..) have made the governments to take action against it and consider it as an environmental issue and one of the most important human rights in their macro-political planning. One of the preventive methods is utilizing criminal policy as a comprehensive and effective plan with certain principles and framework that reduce or omit these acts. But as the proper understanding of criminal policy in Iran needs realizing the mentioned policy principles, this paper has used descriptive-analytical method and library instruments to examine legal-jurisprudence principles as the most significant and fundamental criminal policy principles to prevent the behaviours leading to air pollution. Manuscript profile -
Open Access Article
66 - Theoretical barriers to observing the principle of publicity of trials
Mahdi Mahdi Allahyari Esmat al-Sadat Tabatabaei LotfiThe main purpose of this study is to investigate the theoretical barriers to the implementation of the principle of publicity of trails. The fact is that the place of the principle in criminal proceedings is undeniable, but it has not been realized in an acceptable way. MoreThe main purpose of this study is to investigate the theoretical barriers to the implementation of the principle of publicity of trails. The fact is that the place of the principle in criminal proceedings is undeniable, but it has not been realized in an acceptable way. Regardless of the executive barriers, several theories have led to a lack of attention to this principle and limited the scope of its implementation, which has been studied in the present study. The method of study in the present research is descriptive-analytical. Contradicting the publicity of trials with human dignity, respectability of persons, privacy and the principle of innocence, as well as exceptions to the principle of non-contradiction with social security, public order and chastity, and at the same time not defining their scope and examples in law, including Theoretical and legal obstacles to the realization of this principle in criminal proceedings. The result according to the contents of the research is that the principle of publicity of trials is in accordance with the above principles and the mentioned obstacles do not harm the publicity of trials and effective steps must be taken by legislators to achieve this principle in a real and desirable manner. Manuscript profile -
Open Access Article
67 - An Investigation of the Effects of Alternative Sentences to Imprisonment for Financial Crimes; in Islamic Jurisprudence (Fiqh) and Iranian Law Considering Other Countries’ Experiences
Effat BabaeiThe purpose of the present study is to explore the effects of alternative sentences to imprisonment in the case of financial crimes from the perspective of Islamic jurisprudence (Fiqh) and Iranian law considering other countries’ experiences in this regard. The me MoreThe purpose of the present study is to explore the effects of alternative sentences to imprisonment in the case of financial crimes from the perspective of Islamic jurisprudence (Fiqh) and Iranian law considering other countries’ experiences in this regard. The method of study is descriptive analysis and the results showed that since Hadd (limitation) punishment also includes financial crimes, there is no possibility to change or mitigate the sentence. However, the exploration of jurisprudential rules relevant to changing Hadd to Ta’zir and/or exemption of imprisonment as a sort of Hadd show that turning the punishment can be executed for the first offenders in this field. The important principle in the criminal rights called the equality of punishments is also observed by this plan and thereby the worst blow is struck against the violator managers. A survey of the legal cases in other countries having executed the same plan confirmed the positive effects of this measure. Of course, it is emphasized that in case of crime repetition, the main sentence of imprisonment and/or even capital punishment must be executed for them as it is advised in Islamic jurisprudence (Fiqh). Therefore, it is suggested to the judiciary chiefs and lawmakers in the country to take necessary measures for the official acknowledgment of the above-mentioned plan. Manuscript profile -
Open Access Article
68 - An approach on the replacement of organ donation in retribution in Iran's legal system
abbas dehghani alireza asgariOrgan donation and organ transplantation can be counted among the benefits that have been considered as an accepted and desirable practice with the help of some jurists and authorities. According to some jurists, self-retribution can be carried out using methods that ca MoreOrgan donation and organ transplantation can be counted among the benefits that have been considered as an accepted and desirable practice with the help of some jurists and authorities. According to some jurists, self-retribution can be carried out using methods that cause the least amount of suffering to the offender. According to some jurisprudential and legal arguments and inferences, the issue of organ donation has been approved and many people donate their organs to the needy every year. Therefore, the issue of donation and of course retribution through donation, which takes place with the consent of a person, should not be equated with mutilation. The issue of donating the body parts of people who are so-called brain dead and there is no connection between their brain and their organs due to neurological disorder, to the needy patients; Organ transplantation has become a common practice. But this is not enough to meet all the needs of the members. On the other hand, people who are not qualified to live in the community due to social misdeeds and are about to be executed, they must experience a hard death without compensation. Manuscript profile -
Open Access Article
69 - The Role of Iranian Criminal Laws in Development of Tourism
Ali Moienian Mohammad Mehdi Rahimi Reza Peyvandi -
Open Access Article
70 - The Determining of Proportion Personal and Punishment Variables in Explaining Offender's Criminal Thinking
Malek Mirhashemi Heidarali Zaree Mehdi NazariolomThe main objective this research was to predicting criminal thinking upon personal and punishment variables in offenders. The research method was correlation research. The population consisted of all offenders in prisons of Great Tehran. The sample group (N=326) were ch MoreThe main objective this research was to predicting criminal thinking upon personal and punishment variables in offenders. The research method was correlation research. The population consisted of all offenders in prisons of Great Tehran. The sample group (N=326) were chosen via one stage stratified randomly sampling method from prisons of Tehran's Great Prison. The research instrument was Criminal Thinking Styles Scale (Knight et al., 2006).The results of multiple regression analysis indicated that personal (age and birthorder) and punishment (imprisonment duration) variables have significant effect on criminal thinking(p<0.05). Manuscript profile -
Open Access Article
71 - Analysis of Women's Victims in the novel “Sang-e Saboor”; Based on criminal sociology
Ali Molabeigi Seyyed Hesamoddin Seyyed EsfahaniThe present study aimed to analyze the victimization of women in Sadegh Chubak Sang-e Sabur's (Good Listener) novel based on criminal sociology. The statistical universe was the mentioned work and the studied sample embraced the victim women of the novel. The research d MoreThe present study aimed to analyze the victimization of women in Sadegh Chubak Sang-e Sabur's (Good Listener) novel based on criminal sociology. The statistical universe was the mentioned work and the studied sample embraced the victim women of the novel. The research design was qualitative discourse analysis, and data was collected through note taking on index cards. The data was analyzed by content analysis method. The results showed that one of the current crises of human society is the growing violence and victimization of women. Abuse of women is considered a common problem in all countries of the world and has complicated consequences. This issue has been reflected in Iranian fiction, especially in the works of Sadegh Chubak, so that the main structure of his stories was vulnerable women. He tried to show the most important social harms of his time with a realistic view of the surrounding issues, especially in the novel Sang-e Sabour. Sadegh Chubak considered the women to be more at risk of violence than others. In the dimension of violence, he focused more on psychological violence in the private sphere and non-marital violence and economic exploitation in the public sphere. He attributeed this, on the one hand, to the patriarchal social conditions of the reign and, on the other hand, to the common economic problems of the era, such as poverty and lack of suitable jobs. Therefore, concerning the doctrines of criminal sociology, this novel can be linked to the theory of daily activity and, lifestyle and it can be analyzed from criminological and sociological point of views. Manuscript profile -
Open Access Article
72 - Causes and Effects of Sexual Crimes against Women in Iranian Criminal Law Perspective
منصور Attasheneh A. H. Nasiri-Nia یوسف Ebrahimi-NasabToday, violence against women and their abuse are committed in a variety of ways, the most complicated and severe type of which is sexual crimes that are increasingly overgrown. Human societies are dipped into the whirlpool of corruption due to leaving their heavenly le MoreToday, violence against women and their abuse are committed in a variety of ways, the most complicated and severe type of which is sexual crimes that are increasingly overgrown. Human societies are dipped into the whirlpool of corruption due to leaving their heavenly learned lessons; yet they barely think of religious solutions. Perhaps, the same phenomenon applies to Islamic countries, as well. Although – due to religious, cultural and social conditions - the issue of sexual crimes commitment including sexual abuse of women is more limited in these countries compared to other ones and in particular western countries, the essence of committing such crimes implies social and cultural damages which should be radically fought against, making use of religious approaches and social control model of the religion and especially Islam criminal policy. A glance at respective statistics indicates social harms and deviations; however, it has not still surrounded the whole society. Undoubtedly, the violence against and sexual abuse of women are considered as one of the different social deviations, major disturbing factors of cultural, social, regulatory and disciplinary security of the societies, and that is why different legal systems adopt particular solutions, strategies and measures to control, handle and eradicate it. In the meantime, Islamic legal system and the criminal policy adopted, takes severe action against sexual deviations in general and sexual violence and abuse in particular. The author of this paper intended to provide a quick overview and description of juridical rulings and the penalties prescribed in Iranian criminal law and Syrian criminal law by proposing a definition for sexual violence and abuse while specifying different types of them so as to offer suitable legal suggestions as well as to determine the related legal gaps. Manuscript profile -
Open Access Article
73 - The Role of Neuroticism, Sensation Seeking and Self-control in Predicting the Tendency to Criminal Behavior in Criminals Living in Homeless Shelters
mohsen mirzaei ilnaz sajjadianThe aim of the present study was to investigate the role of neuroticism, sensation seeking and self-control in predicting the tendency to criminal behavior in criminals living in hothouses. The descriptive research method was correlation type. The statistical population MoreThe aim of the present study was to investigate the role of neuroticism, sensation seeking and self-control in predicting the tendency to criminal behavior in criminals living in hothouses. The descriptive research method was correlation type. The statistical population included all people with criminal behavior living in hothouses in Isfahan city in the spring of 2023. 400 people were selected by available sampling method. The research tools included a questionnaire (Hari psychopathy self-report, 1991), five personality traits questionnaire (McCree and Costa, 1985), Arendt's sensation seeking (1993) and self-control (Tanji et al., 2004). The research data was analyzed using SPSS software. The results of the correlation coefficient showed that sensation seeking and neuroticism have a positive and significant relationship with criminal behaviors and self-control has a negative and significant relationship with criminal behaviors. The results of the regression analysis showed that in the first step, self-control accounted for 88.1% of the variance of criminal behaviors, in the second step, self-control and neuroticism accounted for 88.7% of the variance of criminal behaviors, and in the third step, self-control, neuroticism and sensation seeking accounted for 88.9% of the variance of criminal behaviors of criminals. It explains living in greenhouses.Based on the results of the research; it is suggested to pay attention to the neuroticism, sensation seeking and self-control of criminals living in homeless shelters in order to prevent criminal behavior. Manuscript profile -
Open Access Article
74 - International Criminal Court Advocacy Procedure for Child Sexual Victimization
Reyhaneh Zandi Ali MolabeygiAmong victims of international crimes, children and adolescents need more support because they are growing mentally and physically and their personality has not been properly formed. Among these, victims of sexual assault are at greater risk, such as repeated abuse, fut MoreAmong victims of international crimes, children and adolescents need more support because they are growing mentally and physically and their personality has not been properly formed. Among these, victims of sexual assault are at greater risk, such as repeated abuse, future crime, prostitution, expulsion from society and various sexually transmitted diseases. The leading research by library method seeks to find the level of attention of international criminal court to the sexual abuse of children and also the types of support provided to them in this court. Findings of the study show that the International Criminal Court pays more attention to this issue than other. However, there are still many gaps and weaknesses in the Court's performance and there is a long distance from the theoretical approach to the practical procedure of the Court, which makes it necessary to balance the goals of the Court's proceedings and follow the example of some international judicial institutions in some cases. Manuscript profile -
Open Access Article
75 - Examining the rights of witnesses in Iran's criminal law system with a view to the International Criminal Court
امین امیریان فارسانی ZEINB BANIASDITestimony is known as one of the evidences to prove a lawsuit or the fastest way to access evidences in legal systems, and its performance at different stages of proceedings is a manifestation of the cooperation of citizens and the community with the enforcement of crim MoreTestimony is known as one of the evidences to prove a lawsuit or the fastest way to access evidences in legal systems, and its performance at different stages of proceedings is a manifestation of the cooperation of citizens and the community with the enforcement of criminal justice in finding the truth. Undoubtedly, the discovery of the truth as much as it makes the victims and the plaintiffs hope for justice, it makes the accused and the criminals angry and arouses a sense of revenge in them. And this retaliation against the witnesses due to the testimony of the perpetrators of the crimes makes it necessary to protect the witnesses. In this regard, witnesses can be supported by adopting different support methods, especially preventive measures before and during the proceedings and even after. Witnesses also have rights in the judicial process, which should be considered in comparison with the rights of other persons involved in the case. The present study examines the measures and witness rights in Iran's legal system with a brief look at the procedure of the International Criminal Court, which supports financial, mental security and physical security of the witness, including the mechanisms designed to encourage witnesses to cooperate with the criminal justice system, and in this regard, measures such as concealing the identity of the witness, physical protection from the witness, honoring, changing the job and place of residence and Compensation for the damages caused to the witness will benefit. Manuscript profile -
Open Access Article
76 - Constructivist analysis of crimes against government lands
mehdi Rabie abbas sheikhoeslami majid fouladiyanDrawing the concept of "crime" is the starting point of the path of criminal thought. In fact, the image of crime presents other fundamental concepts of criminology (such as criminality and etiology) and the system of criminal policy (such as justice, criminology, and p MoreDrawing the concept of "crime" is the starting point of the path of criminal thought. In fact, the image of crime presents other fundamental concepts of criminology (such as criminality and etiology) and the system of criminal policy (such as justice, criminology, and prevention). According to the theory of social constructivism, crime can be considered a social phenomenon that is not outside the human mind and has an independent objective existence, so what is considered a crime will vary depending on who describes it. Was; Therefore, in interpersonal relationships, we are faced with constructing a social reality of crime.This article takes a mediocre view of social constructivism from the concept of crime and uses the theory of "social reality of crime", which believes that the application of criminal law and the definition of criminal behavior and the development of appropriate behavioral patterns and the construction of criminal perception, product It is the action of shareholders who try to secure their personal and group interests by influencing the criminalization process. The reality of the criminalization process in the field of state lands in Iran has been discussed and analyzed. The study of the formal discourse of criminal policy actors using descriptive-analytical research method and detailed discussions of the National Assembly and the Islamic Consultative Assembly has shown that at least in the field of land crime in the Iranian criminal justice system, constructivist theory on the criminal process and the mentality of its actors It clearly rules. Manuscript profile -
Open Access Article
77 - Tax violations in the European Court of Human Rights
mohammad reza yosefiOne of the achievements of human rights and the initiative of the European Court of Human Rights is the concept of criminal matters. One of the important elements of the application of Article 6 of the European Convention on Human Rights, which includes the criterion of MoreOne of the achievements of human rights and the initiative of the European Court of Human Rights is the concept of criminal matters. One of the important elements of the application of Article 6 of the European Convention on Human Rights, which includes the criterion of fair trial, is the entry of the guarantee of the implementation of the provision into the criminal matters. In the law of direct taxes, there is a guarantee of executions for tax violations, which in case of entering the criminal matters, it will be necessary to observe the principles of fair proceedings. The main question of this research is to compare the criminal scope of tax violations in Iran's legal system with the practice of the European Court of Human Rights. In order to answer this question, we will first discuss the concept of criminal matters and its criteria, then guarantee the implementation of the aforementioned violations, and finally, the procedures related to dealing with this type of violations. Manuscript profile -
Open Access Article
78 - Investigating Iran's legal and judicial criminal policy in the field of economic crimes with an emphasis on Islamic jurisprudence and Iranian law
Mehdi Dida Salameh Abolhasani Naghmeh farhoudIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has b MoreIn the upcoming research, a descriptive-analytical method has been used to examine Iran's legislative and judicial criminal policy in the field of economic crimes, with an emphasis on Iran's jurisprudence and law. Economic crimes have a complex nature and today it has become an acute problem at the national and international level, which in case of lack of control can challenge the efficiency, legitimacy and even the survival of governments in addition to political, economic, social and security consequences. . In order to solve this pervasive problem, in the first step, it is necessary to identify all the dimensions and characteristics of economic crime, and after being aware of this important factor, it must be carefully identified from the jurisprudential and legal point of view. The criminalization of economic crimes is one of the tools and mechanisms of the criminal policy of every country in dealing with crime and economic deviations; If it is not based on a reasonable and logical policy and solid foundations, not only will it not give the desired result, but it will also cause many economic and social problems. The judicial criminal policy of economic crimes is the core of the country's criminal policy, and Manuscript profile -
Open Access Article
79 - Repentance in Iranian criminal law, Imamiyyah and public jurisprudence
دکتر حیدرنژاد ali forotaniAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Method MoreAbstract Purpose: The institution of repentance is emphasized as a legal institution in the Holy Qur'an and in numerous hadiths and from the perspective of Islamic jurists, and it is today considered as one of the factors of mitigating or reducing punishment.Methodology: This qualitative research made use of descriptive-analytical method and was library-based.Findings: Islamic schools have agreed on the fall of the afterlife punishment in case of repentance, but there are differences of opinion regarding the fall of the worldly punishment. Although public jurists have not paid attention to the quality and conditions of repentance compared to Shia jurists, differences are evident in some jurisprudence texts between the four Arbaah differences. Sunni jurists believe that repentance before arrest is the reason for the reduction of the punishment, but there are dissimilar opinion in other extreme crimes, because some people, citing verses, traditions and analogy of priority, have considered repentance as the reason for the reduction of other punishments, except for the punishment of muharibeh.Conclusion: From the point of view of the Islamic Penal Code of 2013, repentance only causes the fall of punishments that have the aspect of pure divine right and has no effect on the rights of people; therefore, in Qazf and Muharebeh, after proving and mastering the criminal, repentance does not cause the reduction and fall of the punishment. The legislator's innovation in separating punishment crimes according to the degrees of severity and weakness and punishment and accepting the effect of repentance only in light crimes lacks justified grounds and legal balances and is against Sharia rules and in the position of expression. Manuscript profile -
Open Access Article
80 - Innovations in Iran's Criminal Justice Policy on Bank Guaranteed Crimes
Seyyed mohamad Saadatmehr Ali Saffary Abbas Tadayyon -
Open Access Article
81 - The effect of in intelligence strategy to detection willingness to exploit criminal information in pursuit and discovery of crime by emphasizing the moderating role of creative detectives
Gholamhossein Biabani Mojtaba SotoudehPurpose: Detectives have the task of detecting crimes, and this is not the case for detectives to exploit innovative criminal intelligence strategies to prosecute and detect crimes, which can be the basis of strategic criminal intelligence innovation, optimization of cr MorePurpose: Detectives have the task of detecting crimes, and this is not the case for detectives to exploit innovative criminal intelligence strategies to prosecute and detect crimes, which can be the basis of strategic criminal intelligence innovation, optimization of criminal intelligence functions, reorganization of criminal intelligence, The criminal information system is the redesign of criminal intelligence reporting and its implementation in accordance with the detective's missions, operations and operational plans. This study aims to investigate the impact of strategic innovation on detectives' willingness to exploit criminal information in the pursuit and discovery of crime by emphasizing the moderating role of creative detectives. Methodology: The present study is of applied nature and in terms of survey type. Using Cochran's formula, the number of individuals for the Criminal Intelligence Detectors sampling was 73, and the number of 384 Detectives for sampling; and were selected by stratified random sampling. Strategic Innovation Researcher Questionnaires, Criminal Intelligence Desire, and Creative Intelligence Questionnaires were used. The validity of its content was evaluated by experts and its construct validity by factor analysis. The reliability of the study was estimated using Cronbach's alpha coefficient and partial least squares analysis was used to test the hypotheses. Results: The path coefficients for the main hypothesis and sub-hypotheses were 0.221, 0.554, 0.968, 0.927, and 0.548, respectively, and the t values were 2.202, 2.461, 2.748, The values of t for these parameters were greater than 1.96 and 2.227 and 2.271, so all hypotheses are confirmed by 0.95. Results: Creative detectives have a moderating role in the impact of strategic innovation on detectives' willingness to exploit criminal intelligence functions. Optimizing criminal intelligence functions, reengineering the criminal information approach, reforming the criminal information system, redesigning criminal intelligence reporting have a significant impact on detectives' willingness to exploit criminal information given the moderating role of creative detectives. Manuscript profile -
Open Access Article
82 - New judicial system Pahlavi
amin baniyi hasan zandiThe movement of social, political, and economic reconstruction that started in Iran by Constitutional Revolution and later experienced up and down and finally stagnation, gained a new momentum and revitalized in Pahlavi I. The judiciary system was no exception. One of t MoreThe movement of social, political, and economic reconstruction that started in Iran by Constitutional Revolution and later experienced up and down and finally stagnation, gained a new momentum and revitalized in Pahlavi I. The judiciary system was no exception. One of the characteristics of modern Pahalavi’s was the reconstruction of old bureaucratic system, the centralization of administrative and executive offices, and the creation of rule of law in the country. The justice department was part of this. Another aspect of these changes was to marginalize religious leaders’ judiciary control. Ali Akbar Davar, the founder of modern judiciary department, was assigned to do carry out the task. He brought about some changes in judiciary systems, especially in writing and formulating laws. The present study investigates the judiciary system in Pahlavi era, especially the Pahlavi I, qualitatively and quantitatively Manuscript profile -
Open Access Article
83 - Iranian Criminal System in the Pahlavi Era, Challenges and Considerations (from the Beginning to the Islamic Revolution)
ali talezariAlthough the Iranian Constitutional Revolution was a political movement, but different areas affected by this issue were fundamental changes. One of these areas was the criminal justice system. During this period, the justice officially met for the first time and differ MoreAlthough the Iranian Constitutional Revolution was a political movement, but different areas affected by this issue were fundamental changes. One of these areas was the criminal justice system. During this period, the justice officially met for the first time and different laws were passed one after another. Among the new rules would be noted the constitution, amendments to the constitution, the law and the administration of justice and law criminal procedure. Despite the adoption of various laws, but the law was never passed on crimes and punishments and issues of the criminal law nature in 1925 until in the year of 1925 the criminal law was adopted in the House. During the 1920 coup, nothing more than the dissolution of justice did not make people happy, that was the inefficiency of justice at the time. During the Pahlavi regime for two reasons, the substantive laws were difficult. One is sensitivity of clergymen and scholars in the adoption of unlawful laws and other is influential and rulers opposition considered the law Influential of their unlimited powers. Hence, the adoption of the Penal Code is of the particular importance. Manuscript profile -
Open Access Article
84 - Iran's Preventive Criminal Policy in the Light of Minimal Human Rights
Peyman Homayi Cheraghi Hossein Habibi Tabar Mahmoud QayyumzadehThe research aims to investigate the increase in crime with the lack of minimum human rights, which is emphasized in the religion of Islam. In this article, the authors are seeking to answer the question of whether Iran's preventive criminal policy has been able to prov MoreThe research aims to investigate the increase in crime with the lack of minimum human rights, which is emphasized in the religion of Islam. In this article, the authors are seeking to answer the question of whether Iran's preventive criminal policy has been able to provide the basic rights of people by relying on the principle of minimum human rights. Human dignity is emphasized in written laws. However, the executive branch has been challenged in the implementation of this principle and practice and has not been able to realize the basic rights of human beings according to the indicators of minimum rights. Due to the lack of these rights, various crimes appear in human behavior. Therefore, the research method in this article is library-documentary and descriptive-analytical. Manuscript profile -
Open Access Article
85 - Explaining Iran's Criminal Policy from the Perspective of the Principles and Foundations of Criminalization and Punishment (Case Study of Some Domestic Legislative Approvals)
hojjat miri mohammadreza shadmanfar masoud HeidariThe most important tool for explaining criminal legislation is the definition of crime and punishment. A crime is the actual act or omission for which a punishment has been determined according to the Islamic Penal Code, and according to criminal philosophers, "taking a MoreThe most important tool for explaining criminal legislation is the definition of crime and punishment. A crime is the actual act or omission for which a punishment has been determined according to the Islamic Penal Code, and according to criminal philosophers, "taking a distance and moving away from the normality and defect of what should be" and criminalization is a process that considers new behaviors as crimes. With the assumption that the governments take their legislative policy based on their approach to how to deal with crimes, in this article, relying on the descriptive-analytical method, we decided to review some of the resolutions of the Islamic Republic of Iran, while briefly explaining the basics of criminalization and penalization, may we improve the legal and judicial situation of the country by improving the legislative situation and the performance of social monitoring institutions and optimal decriminalization, while preventing the issue of criminal inflation. Manuscript profile -
Open Access Article
86 - Review Mechanism and Its Examples in the Statute of the International Criminal Court (ICC)
Soheila Yousefi Mahdi MomeniSoheila Yousefi[1] Mahdi Momeni[2] Abstract: Reviewing international documents is a manifestation of dynamics of rights. The most common way is to achieve maximum consensus of the Members. The statute of International Criminal Court states how to revise it. At the MoreSoheila Yousefi[1] Mahdi Momeni[2] Abstract: Reviewing international documents is a manifestation of dynamics of rights. The most common way is to achieve maximum consensus of the Members. The statute of International Criminal Court states how to revise it. At the Kampala Conference 2010, important points about review were introduced. The 2017 New York Conference largely complemented the efforts of ICC member states at the Kampala Conference. The main question is based on how effective is the proposed solution in the statute and to what extent have all the capacities been used? It seems that all the capacities of the statute, including the capacity of the Security Council, have not been used by the Contracting States in the solutions presented. Therefore, the assessment of the court's performance is faced with serious criticism. Based on the legal doctrine and the international documents (UN, ICJ, ICC) the present study examines and criticizes the principles of revision, practical procedures and documents of international organizations. [1]. PhD Student of Law (General International Law), Damghan Branch, Islamic Azad University, Semnan, Iran [2]. Assistant Professor of Criminology, Department of Law, Payame Noor University, Tehran, Iran:Corresponding Author Manuscript profile -
Open Access Article
87 - Investigating the Criminal Age of Children and Adolescents in the Iranian and British Legal System
Seyedeh Amaneh Bani Hashemi Kohanki Mojtaba Farahbakhsh Shadi Azimzadeh Ahmad RamezaniSeyedeh Amaneh Bani Hashemi Kohanki[1] Mojtaba Farahbakhsh,[2] Shadi Azimzadeh,[3] Ahmad Ramezani,[4] Abstract: Criminal responsibility means the ability to attribute crime to persons and the possibility of imposing penalties on them. Intellectual maturity is a measure MoreSeyedeh Amaneh Bani Hashemi Kohanki[1] Mojtaba Farahbakhsh,[2] Shadi Azimzadeh,[3] Ahmad Ramezani,[4] Abstract: Criminal responsibility means the ability to attribute crime to persons and the possibility of imposing penalties on them. Intellectual maturity is a measure of intellectual growth, focusing on understanding the traditions of religion for children and adolescents under the age of 18.The age of puberty, which is considered to be a phase of sexual development in religious jurisprudence, is considered the basis of any responsibility. Criminal responsibility is a trait that always accompanies a person and has nothing to do with the crime. These consequences can only be imposed on anyone who has the power to impose them. Since the level of responsibility and punishment of the offender should be commensurate with his or her level of understanding and intelligence, there has been less punishment in the history of children according to their perception. Full criminal responsibility requires complete understanding. Therefore, a person who has a defective understanding must lack full criminal responsibility. [1]. PhD Student of Criminal Law and Criminology, Department of Low, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran, banihashemi2011@gmail.com [2]. Assistant Professor at Shahed University of Tehran, mo.farahbakhsh@yahoo.com. [3]. Assistant Professor at South Tehran Branch,Islamic Azad University, azimzadehshadi@gmail.com. [4]. Assistant Professor at University of Science and Culture of Tehran, ramezani@usc.ac.ir Manuscript profile -
Open Access Article
88 - Investigating the Age of Juvenile Criminal Responsibility and Legal Justice from the Perspective of Islamic Jurisprudence and Law
hamidreza ghasemiOne of the most important issues in the present era is the age of criminal responsibility in the field of children. Many children who reach the age of puberty do not have the necessary intellectual development in criminal matters. The main question of the article is: ca MoreOne of the most important issues in the present era is the age of criminal responsibility in the field of children. Many children who reach the age of puberty do not have the necessary intellectual development in criminal matters. The main question of the article is: can the age set in the Shari'a for a child's religious duty be the same as the age of criminal responsibility or 18 years old? Criteria should be set out in international instruments, including the Convention on the Rights of the Child. There are important principles in criminal law that can be considered as the builder of the criminal justice system. Among the principles in the penal system is the principle of moral responsibility, according to which a person will be responsible if he is mature, wise, and autonomous. Therefore, in criminal responsibility, in addition to maturity, intellectual and psychological development must also be considered. Manuscript profile -
Open Access Article
89 - The Criminal Policy of Protecting Children from Diversion in International Documents and Iranian Criminal Law Abstract
Behnam Nikoo Esmaiel Abdulahi Maryam SafaeeBehnam Nikoo[1] Esmaiel Abdulahi[2] Maryam Safaee[3] Abstract: Nowadays, one of the most common issues among scholars, espe­ci­a­l­ly lawyers and criminologists, is the issue of child criminality and how to deal with it and the ways of deviant in MoreBehnam Nikoo[1] Esmaiel Abdulahi[2] Maryam Safaee[3] Abstract: Nowadays, one of the most common issues among scholars, espe­ci­a­l­ly lawyers and criminologists, is the issue of child criminality and how to deal with it and the ways of deviant in society. Since the causes and reasons of crime among children are different from those of adults and on the other hand, this class of society is more psychologically and so­ci­­ally sensitive and more vulnerable than others, so a method should be adopted according to the conditions and situation of these people.This method, known as criminal policy for children and adolescents, is of great importance. Having a crim­in­al and penal policy appropriate to the circumstances of minors and adol­esc­ents can h­­elp civil society to advance one of its goals, which is to prevent future crimes. Therefore, criminal policy on children exposed to diversion sho­­uld be a preventive criminal policy in order to take legal steps to protect children at risk of crime and victimization. Given the imp­ort­a­n­c­e of this topic, this descriptive-analytical study examines the criminal policy of protecting children exposed to distortion in inte­rn­a­ti­onal documents and in Iranian criminal law. [1]- PhD student in Law, Bushehr Branch, Islamic Azad University, Bushehr, Iran [2]- Assistant Professor, Department of Law, Bushehr Branch, Islamic Azad University, Bushehr, Iran: Corresponding Author [3]-Assistant Professor, Department of Law, Bushehr Branch, Islamic Azad University, Bushehr, Iran Manuscript profile -
Open Access Article
90 - Innovations of the Code of Criminal Procedure, Adopted in 1392, on the Rights of Defendants
Seyed Essa Hosseini Naghi Fazeli Jafar KooshaSeyed Essa Hosseini [1] Naghi Fazeli[2] Jafar Koosha[3] Abstract: The accused rights are a natural and inherent part of mankind, and it is not something that the statesmen have left to the people and can deny them. The research method in this paper is descriptive MoreSeyed Essa Hosseini [1] Naghi Fazeli[2] Jafar Koosha[3] Abstract: The accused rights are a natural and inherent part of mankind, and it is not something that the statesmen have left to the people and can deny them. The research method in this paper is descriptive-analytical and the library method has been used to collect the information needed for research. In the new penal code of 1392, special attention was paid to the rights charged and innovations in this field. In the same material of this law, both in the definition of criminal procedure and in the clarification of important cases, such as the principle of neutrality and the independence of the judicial authorities, the legal principle, the existence of criminal proceedings, the principle of innocence, the need for the accused to be informed of the cause and the reason for prosecution, the right to access the lawyer, the observance of the citizenship rights contained in the law on respect for legitimate freedoms and the protection of citizenship rights, which are observed in articles one to seven of this law. Therefore, we are witnessing a new and positive view of the trial and attention to the rights of the accused. [1] - PhD student, Department of Private Law, UAE Unit, Islamic Azad University, Dubai, United Arab Emirates, iranvash8@gmail.com [2] - Professor and faculty member, Department of Criminal Law and Criminology, Faculty of Law, University of Tehran, Tehran, Iran: Author in charge, miramts1@yahoo.com [3] - Assistant Professor and Faculty Member, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran, j_kousha@sbu.ac.ir Manuscript profile -
Open Access Article
91 - Foundations of Dejudicialization and its Forms in the Iranian and International Penal System
Amir Azarmanshah Tayebeh Bijani MirzaAmir Hossein Azarmanshah[1] Tayebeh Bijani Mirza[2] Abstract: Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-wa MoreAmir Hossein Azarmanshah[1] Tayebeh Bijani Mirza[2] Abstract: Dejudicialization is one of the most important issues that have been occupying the minds of criminal law practitioners as the criminal population grows; this is because criminal prosecution is a two-way issue that deals with the rights and freedoms of individuals in society on the one hand, and with public order and security on the other. As new conditions and require­em­ents emerge, criminal law has had to comply with new human rights considerations in its proceedings, inclu­di­ng the principles governing punis­h­m­ent, those that criminal law must seek to adopt new human rights app­roa­ch­es, in accordance with these principles. There is no doubt that this issue and its requirement are not only for domestic criminal law, but also for international cri­m­in­al law. Explain that, today, the need for trial and pun­ish­m­ent of international criminals is not hidden from anyone. [1]- Ph.D. Student in Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran [2]-Assistant Professor, Department of Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran:Corresponding Author Manuscript profile -
Open Access Article
92 - Comparative Study of the Silence of Law in The Legal System of Iran and Islamic Countries (Afghanistan, Egypt and the Saudi Arabia)
Seyed Nooredin Heydarimanesh Abbas Sheikholeslami Mahdi Sheidaeian Seyed Nooredin Heydarimanesh[1]- Abbas Sheikholeslami[2]- Mahdi Sheidaeian[3] Abstract According to Article 167 of the Constitution, the silence of the law has been a point of contention between lawyers. In the Islamic Penal Code of 1392, jurisprudential crimi More Seyed Nooredin Heydarimanesh[1]- Abbas Sheikholeslami[2]- Mahdi Sheidaeian[3] Abstract According to Article 167 of the Constitution, the silence of the law has been a point of contention between lawyers. In the Islamic Penal Code of 1392, jurisprudential criminalization has been prescribed in some crimes. The study of the comparative rights of other Islamic countries also shows a difference of opinion between them. The main question of the research is what approach has the Iranian legislature and other Islamic countries taken towards the silence of the law in the field of criminal law? Examining the law, it seems that some countries, such as the Saudi Arabia, have accepted the Sharia rule, while others, such as Egypt, have been affected by western criminal law and the third group, like Iran and Afghanistan, is embroiled in conflict over their laws. In this study, using descriptive-analytical method, firstly, describe the current situation of the problem and then we answer the main research question by determining the gaps and taking advantage of the thinkers' opinions and examining the rules. [1] - PhD student, Qom Branch, Azad University, Qom, Iran. [2] - Associate Professor, Department of of Criminal Law and Criminology, Faculty of Law, Political Science and Foreign Languages, Mashhad Branch, Islamic Azad University, Mashhad, Iran: Corresponding Author [3] - Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom International Campus, (University of Tehran), Qom, Iran Manuscript profile -
Open Access Article
93 - Comparative Assessment of Drug and Psychotropic Crimes in Iran and the United Kingdom
Yahya Kamalipour Bagher ShamlooYahya Kamalipour[1] Bagher Shamloo [2] Abstract: The aim of this study was to evaluate the comparative assessment of drug and psychotropic crimes in Iran and the United Kingdom. In Iranian law, the criminal policy governing drug crimes is based primarily on MoreYahya Kamalipour[1] Bagher Shamloo [2] Abstract: The aim of this study was to evaluate the comparative assessment of drug and psychotropic crimes in Iran and the United Kingdom. In Iranian law, the criminal policy governing drug crimes is based primarily on government, official, and repressive responses. In English law, a relatively more flexible procedure has been adopted, and except in a few cases, the legislature has not resorted to punitive penalties, such as the death penalty, in response to drug offenses. Medium-term imprisonment is the main punishment for most drug offenses in the UK. However, in both legal systems, there are minimal similarities, including the widespread use of the power of imprisonment to respond to drug offenses. So the question is, what is the difference between punishing drug and psychotropic crimes in Iran and the United Kingdom? [1] - Department of Criminal Law and Criminology, Islamic Azad University, Rafsanjan Branch, Rafsanjan, Iran, yahya.kamalipour@mailfa.com [2] - Associate Professor, Department of Criminal Law and Criminology, Islamic Azad University, Rafsanjan Branch, Rafsanjan, Iran Corresponding Author, bagher.shamloo@mailfa.com Manuscript profile -
Open Access Article
94 - Necessity and effect of criminalization of non-international armed conflicts in the Statute of the International Criminal Court
Mohsen Amari Mehdi Hatami Mohammad javad jafariMohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3] Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal C MoreMohsen Amari[1], Mehdi Hatami[2]*,Mohammad Javad Jafari[3] Abstract: In this paper, the need to criminalize non-international armed conflicts and their gradual impact will be examined in a library method by using the note taking.the procedure of the Criminal Court for the former Yugoslavia, subs­eq­u­­e­ntly, the Statute of the International Criminal Court in 1998 and the inclusion of the crimes committed in the scope of war crimes, Has led to a massive ch­a­n­ge towards the codifying of laws to these conflicts and developed. In general, the Statute of the Court exceeded the limits of the customary international law on war conflicts in significant and perceptible cases and imposes new obligations on States Parties.The article is divided into two parts; First, it examines the theoretical foundations of the law of armed conflict, and in the second part, it deals with the necessity and effect of criminalization of non-international armed conflict in the Statute of the International Criminal Court. [1].PhD Student in Public International Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran [2].Assistant Professor and member of the faculty of Law, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Kurdistan, Iran, Corresponding Author [3]. Assistant Professor and Member of the Faculty of Law, Department of Law, Faculty of Law and Political Science, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran Manuscript profile -
Open Access Article
95 - A Comparative Study of the Impunity of Criminals in the Iranian Penal System and the Statute of the International Criminal Court
ali mansourlakoorak Asghar Abbasi ali ghorbaniThis study maintains that meantime computes obstacles impunity in international crimes, analyze methods of comparison against impunity; with this forward-supposition that the impunity of great international felonies cannot be an acceptable phenomenon so we decided to st MoreThis study maintains that meantime computes obstacles impunity in international crimes, analyze methods of comparison against impunity; with this forward-supposition that the impunity of great international felonies cannot be an acceptable phenomenon so we decided to study legal principles that impediment against these felonies punishment principles: sovereignty, localness if criminal law, nonintervention, immunity, the individualism of punishment and legality of crime and punishment; we pay due attention to the comparison with impunity cases from the Nuremberg charter to Rom charter and in this way analyze the relationship between the sovereignty of government and impunity and we pay attention to international criminal court and international criminal tribunal. Finally, we can say 1. There are some conflicts between Rom charter regulations, 2. Unfortunately, execution of criminal justice has been possible only in non-developed countries; meantime non-appropriate movement could be seen from the side of the Security Council. Leaning to the 7th chapter from the charter must be regarded from the side of permanent members of the Security Council. Manuscript profile -
Open Access Article
96 - Impunity for international criminals in international instruments
Ali Mansour Lekurj Asghar Abbasi ali ghorbaniAli Mansour Lekurj[1],Asghar Abbasi[2]*,Ali Ghorbani[3] Abstract:This study maintain that meantime compute obstacles impunity in int­e­r­n­a­tional crimes, analyze methods of comparison against impunity; with this forward-supposition that the im MoreAli Mansour Lekurj[1],Asghar Abbasi[2]*,Ali Ghorbani[3] Abstract:This study maintain that meantime compute obstacles impunity in int­e­r­n­a­tional crimes, analyze methods of comparison against impunity; with this forward-supposition that the impunity of great international felonies cannot be an acceptable phenomenon so we decided to study legal principles that im­­pe­diment against these felonies punishment e.g principles : sovereignty, localness if criminal law, nonintervention, immunity, individualism of pun­i­s­­­h­m­ent and legality of crime and punishment; we pay due attention to the comparison with impunity cases from the Nuremberg charter to Rom cha­rt­e­r and in this way analyze relationship between sovereignty of government and impunity and we pay attention to international criminal court and inte­rn­at­io­n­a­l criminal tribunal.Finally we can say: 1. There is some con­f­lic­ts between Rom charter regulations,2.Unfortunately execution of criminal ju­st­i­c­e has been possible only about non-developed countries; meantime non-appropriate mov­e­m­ent could be seen from the side of security council. Le­a­n­­ing to the 7th chapter from the charter must be regarded from the side of permanent members of security council. [1].PhD Student in Criminal Law and Criminology, Ayatollah Amoli Branch, Islamic Azad University, Amol, Mazandaran, Iran[2]. Assistant Professor of Criminal Law and Criminology, Chalous Branch, Islamic Azad University, Chalous, Mazandaran, Iran ,Corresponding Author[3] - Assistant Professor of Criminal Law and Criminology, Chalous Branch, Islamic Azad University, Chalous, Mazandaran, Iran Manuscript profile -
Open Access Article
97 - The concept and proof of the crime of rape in Iranian jurisprudence and law
Karim Khezr Nia Abbas Ali AkbariOne of the sexual and violent crimes in Iran's criminal law, which severely damages public modesty and has a negative impact on the physical and mental health of the victim, is the crime of rape, a crime that is never under this title in Iran's criminal laws. It has not MoreOne of the sexual and violent crimes in Iran's criminal law, which severely damages public modesty and has a negative impact on the physical and mental health of the victim, is the crime of rape, a crime that is never under this title in Iran's criminal laws. It has not been recognized, but under the influence of Islamic jurisprudence, it has been criminalized as forced and involuntary adultery. In this article, using library sources, the concept of the crime of rape is explained from the perspective of Islamic jurisprudence and the doctrine of criminal law, and the legislative response and the way to prove it in the criminal process are examined. The result of the study shows that in the Islamic Penal Code approved in 2012, the most severe punishment, i.e. execution, is considered for the perpetrator of rape. In the criminal law of Iran, it is conceivable to limit the issue of rape only by a male offender against a female victim. Iran's legislator is facing many shortcomings in the issue of rape, so that many examples of the crime of rape in criminal law are silent or at least not commented on. Of course, compared to the law of 1370, the role of the judge's knowledge in proving the crime of adultery has been strengthened as one of the proofs. Manuscript profile -
Open Access Article
98 - Study of considered Criminal Policy toward State crimes in perspective of Sociology of law
Salar Sadeghi Hassan MovassaghiWhile state are in charge of maintaining order and security and justice in society, they may sometimes become the factor of insecurity and disorder, in which case state crime occurs. State crimes are criminal and anti-social acts committed by states and state agencies a MoreWhile state are in charge of maintaining order and security and justice in society, they may sometimes become the factor of insecurity and disorder, in which case state crime occurs. State crimes are criminal and anti-social acts committed by states and state agencies against their own citizens. Countering with state crimes committed in society is the responsibility of states, but countering with crimes committed by states themselves is a challenging issue. Because there is no superior power to power of state. In this case, people and civil society can also counter with state crimes, which can be violent or non - violent. According to these issues, this article tries to investigate various criminal, judicial, and participatory criminal policies through criminal and non-criminal strategies with these crimes and evaluating these strategies with emphasis on Iran's criminal policy. The effective operation of the legislative and judiciary through criminalization and fair trial and the activities of public and non-governmental bodies, Violent and peaceful protests of the people and restorative justice are ways to deal with state crimes that have been analyzed in this article. Manuscript profile -
Open Access Article
99 - Social factors associated with crime rates of women in Tabriz prison.
Hussein Banifateme Ramin BabainezhadThe present study was to determine the social factors related to the rate of crimes of women who were detained in Tabriz prison. Variables of social control, cultural poverty - precedence of delinquency in adolescence - precedence of previous offenses - violence against MoreThe present study was to determine the social factors related to the rate of crimes of women who were detained in Tabriz prison. Variables of social control, cultural poverty - precedence of delinquency in adolescence - precedence of previous offenses - violence against women at home and the unsuitable friends are the independent variables of the study. The variable was considered as the main research question is the extent of crime of women. The population consisted of 100 women prisoners of whom 79 were selected randomly according to Cochran's formula. The design of the present study was co relational survey and the researcher-made questionnaire was used for collecting data. The results showed that crime rate in women are related to precedence of delinquency, a precedence of previous offenses and violence against them at home. But there is no relationship between social control, unsuitable friends and cultural poverty and the crime rate of women in Tabriz prison. Manuscript profile -
Open Access Article
100 - Determining the Criminal Responsibility of Adults,Adolescents and Children in the Light of Criminological Data from the Perspective of Criminal Sociology
Mohsen Ashrafi Kiya Mohammad Tagi GhoharniyaThis study examined the impact of criminological data on criminalresponsibility. The criminal responsibility of adults, minors and teenagers,legal persons in the light of criminological data and the role ofcriminological studies and findings are expressed in the evoluti MoreThis study examined the impact of criminological data on criminalresponsibility. The criminal responsibility of adults, minors and teenagers,legal persons in the light of criminological data and the role ofcriminological studies and findings are expressed in the evolution ofcriminal law. Criminal law can’t justify the liability of legal personsunder the same standard of legal responsibility for individuals. Recentdevelopments in criminal responsibility were the recognition of criminalliability of legal persons. About the age of criminal responsibility foradolescents, at the end of the age of 18, the criminal liability of theperson is not complete in sanctions, but in the case of the retaliation andlimitation of a girl after the age of 9 years and the boy after 15 years offull lunar criminal liability is complete. This is an inconsistency. It ismore appropriate that the age of criminal maturity in the limitation andretaliation is higher than sanctions. Measurable performance in criminalproceedings requires that, the degree of action against crimes committedby children and adolescents be increased in line with age and theirunderstanding and accountability. With the legalization of criminologicalfindings, the law is updated in accordance with the conditions andrequirements of the community. Manuscript profile -
Open Access Article
101 - Investigating the Fundamentals and Dimensions of juridical , Legal Responsibility in Sport
Jafar Moazen_ Raziyan Elahe Medadi _Nansa Ebrahim HamzehzadehLaw science deals with all aspects of human life. Increasing the legal awareness of the sports community in order to prevent the occurrence of sports incidents. Sports rights are defined as the set of materials that clarify the legal duties and responsibilities of all t MoreLaw science deals with all aspects of human life. Increasing the legal awareness of the sports community in order to prevent the occurrence of sports incidents. Sports rights are defined as the set of materials that clarify the legal duties and responsibilities of all those involved in sports activities. In this article, in addition to the jurisprudential office, the legal in order to prevent and sport by raising the legal awareness of the sports community and informing the society about the legal consequences of the violations in the field through familiarity with the laws and jurisprudential laws Gets According to the laws of Iran and jurisprudence, in sporting activities, there will be no criminal liability with respect to related laws, but there is no reason to remove civil liability from such a person, but if there are civil liability elements in him, according to the materials contained in his civil liability law Will be responsible. In the event that the athlete's mistakes are triggered and the assailant is forced to pay the Diyah, civil and criminal liability will be mixed. Many lawyers, paragraph E, also consider Article 158 of the Islamic Penal Code of 1392 civil liability. The results of this paper have been obtained by using the documentary method and also by collecting information from the library method and studying the jurisprudential and legal texts and the regulations of the sports federations and some rules such as the legislator's permit, the act of giving and the principle of vindication. Manuscript profile -
Open Access Article
102 - The Principle Of Gain Of Proof At Iran and England's Criminal Procedure.
mohammad amin farid ali amirzadeh khyiabaniAmong the reasons that are documented for guilt proof in Iran and England, are legitimately-gained reasons. Both justice systems avoid illegitimately-gained reasons and regard documenting to those reasons in justice system as lacking legal basis. So, reasons gained on t MoreAmong the reasons that are documented for guilt proof in Iran and England, are legitimately-gained reasons. Both justice systems avoid illegitimately-gained reasons and regard documenting to those reasons in justice system as lacking legal basis. So, reasons gained on the basis of scientific and intellectual principles are among the reasons trusted in the two justice systems. Moreover, these reasons are considered as reasons that, with regard to their gaining process , less speculation is observed in them. On the other hand, in Iranian justice system, judge can judge according to strong evidence. Although judge ̓s knowledge in Iranian justice system is regarded as proving reasons, in private law it is not regarded as proving reasons. Unless it is placed in standard evidences and circumstantial evidences. However, this knowledge can be considered as one of the legitimate reasons. The writer in this paper wants to analyze the legitimation of proof gain in two legal systems, express present challenges in globalization process of criminal law and to confirm fair judgment. Manuscript profile -
Open Access Article
103 - The Role and Influence of Criminological Findings on the Evolution and Creation of Some Special Issues in Iranian Criminal Law
foad arabi Ali yosefzadeh mohamadreza shadmanfarCriminology is a branch of criminal science that aims to scientifically and objectively analyze the causes and factors of biological, psychological and social emergence of crime, to prevent crime and to correct and treat criminals. The legislator has influenced the form MoreCriminology is a branch of criminal science that aims to scientifically and objectively analyze the causes and factors of biological, psychological and social emergence of crime, to prevent crime and to correct and treat criminals. The legislator has influenced the formulation and adoption of related criminal laws and derived from the teachings of criminology in the field of sanctions and punitive damages, and to some extent the doctrines of criminology have entered into such laws. The purpose of this research is to investigate the role and influence of criminology findings in the development of some issues of criminal law by looking at the laws, penal provisions of Iran and familiarity with numerous criminal changes in this area. The research method in this paper is descriptive-analytical. The main question of the research is whether criminal investigations have been effective on Iranian criminal law? The results of the research show that although criminal law has affected many aspects of criminal law, due to the features of punitive punishment, qisas and diyat, and the conditions for the confirmation and execution of relevant offenses and the execution of punishment, the above-mentioned teachings No attention has been paid to Islamic theological thinkers in their efforts to institutionalize and update them in light of the achievements of the day of criminology Manuscript profile -
Open Access Article
104 - Etiology of banking crimes and preventive social and jurisprudential strategies
hoseein Beigi Jamal Beigi fatemeh ahadiDue to inflation and sanctions, as well as people's dependence on banks, the issue of banking crime policy-making and strategies to prevent and combat those crimes has been of particular importance in the international and domestic dimensions, to the extent that the Fin MoreDue to inflation and sanctions, as well as people's dependence on banks, the issue of banking crime policy-making and strategies to prevent and combat those crimes has been of particular importance in the international and domestic dimensions, to the extent that the Financial Action Task Force and even banks International Settlements, in accordance with these standards, rank banks and their respective styles in countries. Therefore, the purpose of this study is to study the etiology of banking crimes and to provide social and jurisprudential preventive solutions. The main question that the present study seeks to answer is what are the causes of banking crimes and what are the preventive social and jurisprudential solutions in this regard? The research method in this article is descriptive-analytical and is written based on documents and library resources. In this regard, the causes of bank crimes, rooting out and preventive social and jurisprudential strategies have been investigated. The findings of the study indicate that some environmental and social factors are involved in the occurrence of banking crimes and criminal policy with a focus on criminalization to eliminate the roots of banking crimes is not useful and instead community-based and growth-oriented social prevention strategies and the same Preventive jurisprudential solutions such as increasing resurrection, belief in God and holding congregational prayers, as well as teaching jurisprudential and religious rules to banking network personnel, adapting banking to Islamic jurisprudence and adding a religious supervisor to the country's banking structure are beneficial. Manuscript profile -
Open Access Article
105 - Legal jurisprudential approach to developmental crime prevention in Iran
niusha ghahramani afshar Ghodratollah Khosroshahi Mohammadreza ShademanfarDelinquent kids and teenagers suffer from a wide range of problems including economic, cultural and family-related ones. Identification of the major factors behind their incompatibilities and delinquencies, and the adoption of appropriate personal and public preventive MoreDelinquent kids and teenagers suffer from a wide range of problems including economic, cultural and family-related ones. Identification of the major factors behind their incompatibilities and delinquencies, and the adoption of appropriate personal and public preventive measures in the society, among susceptible members and groups, and among groups prone to delinquency play crucial, direct, and undeniable roles in minimizing crime rates among these people. Developmental crime prevention refers to interventions in delinquent or susceptible kids’ and teenagers’ developmental phases with the purpose of preventing such delinquent behavior from becoming endemic or routine in future. This approach is forwarding to recognize risk factors and omit those on the otherhand by reinforcement supportive factors, facilitate sociability process and weakening the possibility of delinquency. Drawing upon laws in Iranian legislative system along with teachings of Islam for the education and rearing children on the part of parents and teachers and other individuals dealing with vulnerable and harmful cases could play an instrumental role in developmental crime prevention from incompatibility, delinquency, and delinquency victimization. In this regard, the present study is aimed to describe the significance of and underpinnings behind developmental crime prevention from the jurisprudent and legal viewpoints and analyze developmental crime prevention solutions in light of these perspectives. Manuscript profile -
Open Access Article
106 - Jurisprudential Basics of Criminalization of Terrorism Financing
sheyda alidoost babak pourghahramaniTerrorism is one of the most important crimes that results in destroying the discipline and security of the society. Terrorists need financial support to achieve their goals and must supply their financial resources in some way. The people and groups that finance the te MoreTerrorism is one of the most important crimes that results in destroying the discipline and security of the society. Terrorists need financial support to achieve their goals and must supply their financial resources in some way. The people and groups that finance the terrorists commit terrorism financing crime, so the legislators have also paid attention to criminalization of terrorism financing besides the criminalization of the terrorism itself. However, the question is that what are the jurisprudential basics of criminalization of terrorism financing in Iranian criminal law? So, the purpose of this research is to investigate the jurisprudential basics of criminalization of terrorism financing. The research results indicate that the term "Terrorism Financing" corresponds to certain titles in "unlawful warfare" and "subscription on sin and hostility" in jurisprudence. In addition, there are verses, narratives, and jurisprudential rules that document the prohibition and criminalization of terrorism financing, and we can name some general rules such as the rule of "consuming the property of other for no good reason", the rule of "no injury", the rule of "prohibition of subscription on sin and hostility", and "preserving the life and security of the society" that justify criminalization of Terrorism Financing. Manuscript profile -
Open Access Article
107 - the Rule of Dara’ and the and the rule of its application
نجمه نبوتیThe Rule of Dara’ is one of the most important rules of criminal jurisprudence, which has been established in the Islamic penal code and is also enforceable in the Iranian criminal law. The rule has been explicitly adopted by the legislator since the 2013 amendmen MoreThe Rule of Dara’ is one of the most important rules of criminal jurisprudence, which has been established in the Islamic penal code and is also enforceable in the Iranian criminal law. The rule has been explicitly adopted by the legislator since the 2013 amendments to the Islamic Penal Code. The purport of this rule is that, if there is any doubt or ignorance about the judgment of subject (examples of confusion) on behalf of the accused or any doubt about the attribution of criminal act on the behalf of the judge or about the conditions of criminal responsibility, the criminal responsibility and punishment are no longer under consideration. The present research seeks to articulate the concepts of the rule of Dara’ and the criterion of confusion and doubt about the three elements of crime; in this way, it states the cases in which the existing confusion results in the application of the rule of Dara’. It should be noted that in the Islamic jurisprudence, the basis of the criterion of confusion is the rule of Dara’ which has many channels. The "confusion" also refers to the confusion in practice the owner of which can be a judge or a defendant. Manuscript profile -
Open Access Article
108 - Jurisprudential and legal study of the influence of public opinion on penalties In Iranian criminal justice policy
Ebrahim Ghorbani Jamal Beigi Babak PourghahremaniAlthough no constitution has explicitly provided for public opinion in the constitution, it has been able to play an important role in the criminal justice policy of various governments. One of the influential aspects of this phenomenon in Iranian criminal policy is the MoreAlthough no constitution has explicitly provided for public opinion in the constitution, it has been able to play an important role in the criminal justice policy of various governments. One of the influential aspects of this phenomenon in Iranian criminal policy is the discussion of penalties for criminal behavior. The purpose of this research is to study the impact of public opinion on the impact of public opinion on penalties in Iranian criminal justice policy using a descriptive-analytical method based on documentary and library studies. The report concludes that public opinion as An important factor and punishment criterion is considered in Iranian criminal justice policy, and this is especially evident when public opinion is aware of the crime and is sensitive to it. Generally crimes such as adultery, sodomy, prophecy, moharebeh, corruption on earth, rebellion, insults to religions, environmental crimes, etc. are crimes whose public opinion has affected their punishment. Manuscript profile -
Open Access Article
109 - Explaining the effects of diviation from the rules of Criminal Jurisprudence in Anti_ Smuggling goods and currency Act
saied atazadeh aliakbar mokhtari dastenaie mahmod gayom zadeh< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on More< p >in our Country according to the principles of 4, 72, and 96 of the constitution, the general policy in the field of legislation is based on the two principles of non_contradiction and adaption of all laws with the religious principles. That meantime based on the principle of 96 contradictory acts are doomed to failure by the guardian council and non_ conforming acts for exclusion of ((sense of contradiction )) than that usually approved by the same council. because of the generality of principle of non_contradiction, the rules of the subject of criminal law also necessarily follow this principle. principles such as the: Legality of Punishment, personal liability, the individual autonomy and proportionality of crime in accordance with the rules criminal jurisprudence, such as obscenity unstated punishment، principle of burden of sins (vizr) and rule of justice and ( al-tazir beme yarah al-hakim) in the case of litigants has been legislated in Islamic code. With authorizing the anti_smuggling goods and currency act influenced by some differentiation and paradigm of deterrence and utilitarianism, the legislator has disregarded the basic principles of criminal jurisprudence which are infact deviation from the contradiction rather than non_compliance with the most important constitutional principle that underlies the political system and with the approval of the law reffered to by the guardian council has been recognized by that council. Manuscript profile -
Open Access Article
110 - The Impacts of New Penology Effects on Iran's Criminal Justice System; with a Look at Jurisprudential Teachings
Ali Davoudi Salestani Seyyed Hossein Hashemi shahrdad darabiNew Penology is an approach based on evaluative justice, that is, by applying the crime risk management to the community, it classifies criminals and thus applies the cost-benefit management model. New Penology implies a rigorous dual punishment policy and detention. In MoreNew Penology is an approach based on evaluative justice, that is, by applying the crime risk management to the community, it classifies criminals and thus applies the cost-benefit management model. New Penology implies a rigorous dual punishment policy and detention. In the field of jurisprudence, punishments have been discuss in the context of jurisprudence, qesas, diat and ta'zir; since in our society most offenses are of the ta'zir type, so there is a good jurisprudential capacity to adopt a new dual criminality policy in order to avoid .this path can be applied to the cost-benefit management model. Our research has shown that the Iranian criminal justice system has been trying to adopt an approach to avoiding the enormous costs of imprisonment since the year 2013 by adopting the general principles of Islamic penal law and applying risk criteria in the system of punishment ratings and incorporating social punishments into the legal literature. . A change that, despite its inherent functionalism, faces challenging aspects such as populism and security is in the interpretation of ris Manuscript profile -
Open Access Article
111 - Study of crime risk management approach from the perspectives of Imami jurisprudence, Iranian criminal law and international criminal law
جلال الدین حسانی seyedmahmoud mirkhalili Mohammadreza Nazarinejad KiashiCrime is a natural phenomenon in society and one of the approaches available against it is called the crime risk management approach. This research, which is written by descriptive-analytical method, seeks to study the position of this approach in Imami jurisprudence, I MoreCrime is a natural phenomenon in society and one of the approaches available against it is called the crime risk management approach. This research, which is written by descriptive-analytical method, seeks to study the position of this approach in Imami jurisprudence, Iranian criminal law and international criminal law. In the crime risk management approach, the risk level of each of the crime categories is assessed and the appropriate criminal responses are implemented. Discrimination, delinquency, identifying the roots of moral corruption, enjoining the good and forbidding the evil, as well as predicting severe punishments, are some of the symptoms of this approach from the perspective of jurisprudential teachings. Substantive criminal law also reflects its in the framework of grading and determining Ta'zir punishments, issuing a Ta'zir sentence in case of non-execution of Qisas, prohibiting the implementation of mercenary criminal institutions towards high-risk perpetrators, determining the aggravated qualities of crimes, etc. Criminal security agreements, specialized criminal proceedings and urgent proceedings are also the most important platforms for implementing the crime risk management approach in the formal structure of criminal law. The criminalization of major international crimes, the severe penalties in the Statute of the Court, and the African challenge of the Court are examples of this approach in the field of international criminal law. This study has found that the crime risk management approach is clearly evident in each of the domains of Imami jurisprudence, Iranian criminal law and international criminal law. Manuscript profile -
Open Access Article
112 - Analysis of the Approach of Legislative Criminal Policy to Punishment in the Criminal Law System of Iran
abbas taghvaee atefeh lorkojuri Maryam Poorbaghi shima alipoorGender is a natural factor and undeniable fact in making difference between men and women so the effect of national and international laws and regulations in the protection of criminal law system from the equality of men and women’s rights is necessary in contrast MoreGender is a natural factor and undeniable fact in making difference between men and women so the effect of national and international laws and regulations in the protection of criminal law system from the equality of men and women’s rights is necessary in contrast with adverse effect of unconventional gender discriminations. The protective approach of legislative criminal policy in some articles caused the reduction, delay or exemption from punishment focused on gender distinctions of men and women. In upcoming article with analytical and descriptive method in some crimes, determination the punishments specific to criminal men or women, reduction of the punishment of criminal women, aggravation of the punishment of criminal men in crimes against women, reduction or sometimes specific exemption of criminal men from punishment, determination of specific punishments because of operation of crimes against the parts of body or interests that specified to men or women for the sake of their natural creation is surveyed by the goal of analysis of the effect of gender on punishment. In analysis of research hypothesis based on the rate of determining the influence of gender on punishment in the field of equitable and regular arrangements of legislative criminal policy, we understand that the legislator by the attention to the role of gender in criminal or victim endeavors to adjust the punishments in criminal law system of Iran. Manuscript profile -
Open Access Article
113 - The Role of Easy and Fast Access to the Court in the Normative Expansion of Local Jurisdiction in Cybercrime (Islamic Jurisprudence and Legal Analysis)
Esmaeil Baghban babak pourghahramani Fatemeh AhadiUncertainty of territory and borders in cyberspace causes many problems in the field of criminal jurisdiction; Issues such as the multiplicity of places where the crime was committed and, consequently, the multiplicity of jurisdiction in this space and the precise deter MoreUncertainty of territory and borders in cyberspace causes many problems in the field of criminal jurisdiction; Issues such as the multiplicity of places where the crime was committed and, consequently, the multiplicity of jurisdiction in this space and the precise determination of the crime scene are clear examples of this. One of the most important issues to be considered in this area is the determination of a competent local authority to investigate crimes committed in the area. The main question of the present study is how to of easy and fast access to the court can make it possible to exercise this competence in cyberspace. This article, with the help of the descriptive-analytical method and induction in domestic, international and Islamic jurisprudential standards regarding the jurisdiction of courts in Iran, tries to provide a solution to expand local jurisdiction in this field. The results of the research show that the new methods of dealing with cyber crimes, including electronic proceedings and taking into account the same legal conditions with the international community and creating a judicial system with global jurisdiction,can solve the challenges of applying local jurisdiction in cyber crimes and facilitate and speed up the proceedings. Manuscript profile -
Open Access Article
114 - The effect of happiness economy and religious beliefs on reducing financial delinquency
ehsan bayani fatemeh ahadi jamal beigiEconomic crimes are one of the most important problems and challenges of legal systems in the world, so that the judicial system has faced some problems. Experts and administrators of legal and penal systems as well as banking systems believe that happiness economy and MoreEconomic crimes are one of the most important problems and challenges of legal systems in the world, so that the judicial system has faced some problems. Experts and administrators of legal and penal systems as well as banking systems believe that happiness economy and religious beliefs are the most effective way to prevent and deal with these economic crimes. They believe that by curbing economic problems and improving people's living conditions, as well as strengthening religious beliefs, financial crimes can be prevented. This article seeks to investigate the effect of economic happiness and religious beliefs on reducing financial delinquency. The research method in this article is descriptive and analytical in such a way that after examining and collecting data and information, we will reach conclusions. The findings of the research indicate that the economy of happiness and strengthening religious beliefs have a significant effect on reducing the statistics of financial delinquency. Manuscript profile -
Open Access Article
115 - The Rule of Legislation of Oath and its Effectiveness in the Present Age
Farid Najafnia Mohammadreza Shirazi Abbas SamavatiNowadays, due to the advancement of technology and scientific and practical skills of criminologists, the detection of crime and criminals has been facilitated. The implementation of oath for proving guilt or innocence is criticized by jurists but has been accepted from MoreNowadays, due to the advancement of technology and scientific and practical skills of criminologists, the detection of crime and criminals has been facilitated. The implementation of oath for proving guilt or innocence is criticized by jurists but has been accepted from the perspective of the religion of Islam because of the importance it attaches to the lives of human beings and the security of Islamic society. The results of the present study indicate that despite the arguments presented by the proponents and opponents of the use of oath in the current era, in Iran, new arguments to replace oath have not yet found their proper importance and position, and therefore, new and alternative arguments are not included in the Islamic Penal Code for an independent reason; Rather, in the form of specialized expertise and as a judicial evidence, it can ultimately provide the judge with knowledge about the correctness and validity of the subject matter, and the judicial courts still resort to swearing in cases of presumption. The author uses a descriptive-analytical method to identify the rules of oath legislation and also its efficiency or inefficiency despite the new arguments in the present era. Manuscript profile -
Open Access Article
116 - Jurisprudential Investigation of Abortion in Iran's Legal System and its Legal Loopholes
Ashraf NayebzadeNowadays, abortion is one of the most challenging issues in the field of women's and family rights which can be considered as a consequence of various developments. Additionally, it is closely related to human and women's freedom rights, the interests of governments, an MoreNowadays, abortion is one of the most challenging issues in the field of women's and family rights which can be considered as a consequence of various developments. Additionally, it is closely related to human and women's freedom rights, the interests of governments, and the society. The contemporary legal approach consists of two completely opposite aspects of criminalization and decriminalization. In Iran's legal system, which is based on Imami jurisprudence, abortion is forbidden and criminalized, except in some cases. Abortion has been rising due to different reasons. First, because of the ambiguity of the law and related legal loopholes secondly, due to the disagreement of Shia jurists on the permissibility/non-permissibility of abortion before and after the blast of the soul. Threrefore, the issue needs further revision and investigation. In this article, applying the analytical descriptive method and emphasizing the importance of population growth and preventing negative population rate, the author tried to examine the nature of abortion and the causes and conditions of its permissibility or prohibition in Iran's jurisprudence and legal system, and investigate the necessity of its reviewing, and confirm the complementary actions related to abortion laws. Manuscript profile -
Open Access Article
117 - The spread of corruption on earth to economic crimes: their contexts and challenges
Ali Asadi Amir Sedighiyan Ali ZArePredicting 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 MorePredicting 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 -
Open Access Article
118 - The approach of the International Criminal Court regarding the criminal immunity of high-ranking government officials
javad Hoseymikhah karam janipour ghavam karimiThe immunity of high-ranking government officials from the domestic courts of other countries has led to various international procedures and approaches to immunity, responsibility, the formation of mixed criminal courts, and the use of UN Security Council capacities to MoreThe immunity of high-ranking government officials from the domestic courts of other countries has led to various international procedures and approaches to immunity, responsibility, the formation of mixed criminal courts, and the use of UN Security Council capacities to establish criminal courts between Has created a special international. In parallel with the escalation of large-scale international crime, especially during World War II and the subsequent establishment of the Nuremberg and Tokyo tribunals, the principle of immunity of high-ranking government officials from international crime faced many challenges, culminating in Considered the formation of criminal courts related to the former Yugoslavia and Rwanda and finally the adoption of the Rome Statute to establish the International Criminal Court. Although the legal and judicial procedure of the Court indicates the non-acceptance of immunity arising from official position due to the commission of international crimes, but the descriptive-analytical study of this issue shows the existence of serious challenges and limitations before the Court in performing its legal duties. They can be attributed to the role of political considerations, incompatibility in rulings with acts committed, non-cooperation of member states in cooperating with the Court for various reasons, limitations on the jurisdiction and type and timing of acts committed, as well as restrictions on the relationship between the Court and The UN Security Council noted. Manuscript profile -
Open Access Article
119 - Net Marketing in Law and Jurisprudence of Iran
saeed atarzadeh mehdi jalilian adel sarikhaniNet marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, fi MoreNet marketing is one of the economic phenomena which has been arisen by previous decade and a plethora of discussions has been shaped in this regard. The economists’ focus is on division of this sort of marketing into salubrious and insalubrious one. In this study, first, it is tried to introduce this set of marketing and explain the differences between salubrious and insalubrious one, then examine the salubrious one from the Fegh’s view which has been less studied before, and after that to criticize and examine salubrious net marketing sort from the Fegh’ view. Finally, the assumption that salubrious net marketing is impeccable from the Fegh’s view and can be a sort of Reward contract, and that salubrious one has miscellaneous drawbacks and is sinful and forbidden activity is established, and these two net marketing is precisely analyzed a piece from our criminal law system’s view. Manuscript profile -
Open Access Article
120 - Unanimity and its Role in Deducting Criminal Precepts
adel sarikhani esmaeil aqghababaei saeed atarzadehDespite the Sunnites, jurists of Shiite have considered unanimity a reason due to its power of decoding the innocents saying, and therefore have counted it as a factor of tradition along with the Book and Wisdom as the ways of reaching true religious rules. The matter c MoreDespite the Sunnites, jurists of Shiite have considered unanimity a reason due to its power of decoding the innocents saying, and therefore have counted it as a factor of tradition along with the Book and Wisdom as the ways of reaching true religious rules. The matter can decrease unanimity’s status - if ever being accepted- to a single narrator tradition and therefore can cause the invoking of such a reasoning to be confronted with some challenges, knowing for sure that the case of blood and soul are to be dealt with plenty of caution. It is tried in this article to introduce and discuss the issues based on unanimity though the criticism of invoking unanimity in deducting criminal precepts. Manuscript profile -
Open Access Article
121 - Punishment Falls Arising from the Transmission of HIV
reza ehsanpour mohammad mohseni mansoureh hassaniHIV prevalence in recent years, on the one hand, and the lack of specific law for criminal negligence and punishment for those who spread HIV on the other hand, have caused to attract the attention to use penal institutions in this regard. Some titles like: transmission MoreHIV prevalence in recent years, on the one hand, and the lack of specific law for criminal negligence and punishment for those who spread HIV on the other hand, have caused to attract the attention to use penal institutions in this regard. Some titles like: transmission of sexually transmitted diseases, willful murder, quasi-intentional homicide, attempted murder, premeditated assault and battery as well as restoring to arms (in order to frighten people) are applicable in Iran, however, threats to public health seems not to be appropriate in this respect. The death of offender or victim of an offence for reasons rather than AIDS and acquittal of offender before death penalty calling by victim offended person, lead to punishment fall and retaliation in Islamic Penal System of Iran. The knowledge of victim of an offence of being HIV transmitter or infective, even his/ her primitive satisfaction, brings no legitimacy for offender of the act committed. It also can not be considered as legal reasons for criminal act leading to criminal pardons. Manuscript profile -
Open Access Article
122 - Comparative Study of Feyz Kashani's Policy by Implementing Islamic Criminal Law
mohesen safari reza ZahraviIn the modern criminal, decriminalization is an issue that have been inevitably raised because of criminal population inflation. In the present article, the authors tried to explain this issue. In the last part of this article, the view point of Fiqh Imamiyeh has been s MoreIn the modern criminal, decriminalization is an issue that have been inevitably raised because of criminal population inflation. In the present article, the authors tried to explain this issue. In the last part of this article, the view point of Fiqh Imamiyeh has been studied and analyzed too. Manuscript profile -
Open Access Article
123 - The Place of Logical Usages in Criminal Jurisprudence
mojtaba javidiThe logical usages is the practical way or mental opinion of all the rational people all over the world, regardless of their spatial, temporal and religious differences, which find it useful and good in dealing with a phenomenon. There are two general views about the cr MoreThe logical usages is the practical way or mental opinion of all the rational people all over the world, regardless of their spatial, temporal and religious differences, which find it useful and good in dealing with a phenomenon. There are two general views about the criteria of validity of logical usage: first, instrumental validity and second, per se validity. The validity of new usages is based on second view. Although logical usages are used by jurists in criminal jurisprudence but it seems that it should has more important role in criminal jurisprudence. Some of its applications in the criminal jurisprudence are: the definition of “Herzâ€(protected), what is robbed needs to be property, the criterion of Roshd (growth), the mere criminal intent has no punishment, the community needs to regulate, impose criminal penalties and restrict freedom, financial penalties as a kind of “Tazirâ€(punishment). Manuscript profile -
Open Access Article
124 - Reverence for Life and Legislative Developments in Iran
mohsen eyni masoud alborzi amin malekiIran’s legislature, influenced by the law of Islam and moving along the reverence for life, has criminalized all crimes involving deprivation of life, whether intentional or unintentional, and provided for them both criminal and civil sanctions. Nevertheless, some leg MoreIran’s legislature, influenced by the law of Islam and moving along the reverence for life, has criminalized all crimes involving deprivation of life, whether intentional or unintentional, and provided for them both criminal and civil sanctions. Nevertheless, some legal rules, especially in the Islamic Penal Code of 1370, are in disagreement with the observance of the human life. The most important of these rules, among others, are: devolution of enforcing penalties involving deprivation of life to private persons in Article 295, note 2, and Article 266 of the Islamic Penal Code existence of the penalty of Rajm (stoning to death) in Article 83 of the Code execution of persons under the age of 18 and ambiguity in the Code regarding the deserved punishment for persons accused of mercy killing. These faults have induced the legislature to create some modifications in the Bill of Islamic Penal Code of1390 in which: the enforcement of penalties involving deprivation of life has, as a general rule, been devoted to the courts no express mention has been made to the penalty of Rajm ambiguity regarding the deserved punishment for persons accused of mercy killing has been avoided and some particular limitations have been attached tothe enforcement of penalties involving deprivation of life against persons under the age of 18. Despite these improvements, the Bill is not devoid of deficiencies and the present study is intended to clarify its faults and, at the same time, to recommend some positive suggestions. Manuscript profile -
Open Access Article
125 - Evaluating Juvenile Penal Code in Islamic Jurisprudence in Iran
jalalodin Ghiasi masoud heidariLimiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of MoreLimiting an exact age by presenting a determined criterion as to the beginning of the period when an under aged begins to behave like an adult and is considered as a liable person is of necessity in all legal orders, including the criminal law of the Islamic republic of Iran. Here, the issue of coming of age and being a responsible person in front of law, according to Quran verses is analyzed and compared with the legal and psychological opinions regarding the presented standards by the impeccable’s on puberty through verses in Quran specially the level of its comparison with puberty criterion and penal liability that exists in Iran which is implemented according to the ideological nature of religious laws in Iran. Manuscript profile -
Open Access Article
126 - Subversion in Modern Juridical-Legal System
abozar aliakbari hany mahmoudiAfter many years from Islam appearance and existence of different ideas and also different jurisprudence, Shiite jurisprudence has more prominent role in so far as friend and enemy confess it. Epidemic program of Islam for social life is the symbol of universality. Henc MoreAfter many years from Islam appearance and existence of different ideas and also different jurisprudence, Shiite jurisprudence has more prominent role in so far as friend and enemy confess it. Epidemic program of Islam for social life is the symbol of universality. Hence the role of jurisprudence in society management, one of the more important programs is to discipline in the society, is very important. Jurists express its programs and methods too. Nowadays, one of the current crimes is subversion which can remove discipline and security of society and finally change the government. In this research we explain subversion and the status of Shiite jurisprudence and Sunni viewpoint about it too. Manuscript profile -
Open Access Article
127 - The approach of jurisprudence and international law in the protection of cultural heritage and historical propertyEmphasizing the case of Al-MahdiThe approach of jurisprudence and international law in the protection of cultural heritage and historical propertyEmphasizing the case of Al-Mahdi
Sharid Bitarafan Karan rohani Reza Nasiri LarimiInternational law pays special attention to the issue of cultural and historical heritage of civilizations and countries, regardless of any type of classification, and in this field, it has always proposed its views through international conventions and documents. Relyi MoreInternational law pays special attention to the issue of cultural and historical heritage of civilizations and countries, regardless of any type of classification, and in this field, it has always proposed its views through international conventions and documents. Relying on the criminalization of the destruction of historical property and the damage caused to it, international institutions have taken steps to investigate the actions of al-Mahdi in the country of Mali. This article examines the approach of jurisprudence and international law in the protection of cultural heritage and historical property with an emphasis on the Al-Mahdi case. The current research has been carried out with a descriptive and analytical method and through the collection of information in a library and document method using electronic data banks. The action of the International Criminal Court in examining the actions carried out by the leadership of al-Mahdi and its effects in the country of Mali, and while examining it, it creates a fundamental procedure in the investigation of crimes committed in the field of cultural and historical heritage, and states that it will deal with any extremism in the field of destroying these properties. will do. From the point of view of jurisprudence, there are some ideas and approaches in the light of teachings related to jurisprudence, such as the rule of waste, the rule of harm, the rule of rightful possession, the rule of expediency, which can play a role in protecting and protecting cultural heritage and historical property. Manuscript profile -
Open Access Article
128 - Sex Change in Criminal Commandments
Seyyed Ebrahim Ghodsi Kolsoum Mirhosseini Today, sex change has become an important topic not only in medical sciences but also from a legal perspective. The issue of sex change has remained unsettled among the general public. People look at transgender individuals with contempt and consider them a More Today, sex change has become an important topic not only in medical sciences but also from a legal perspective. The issue of sex change has remained unsettled among the general public. People look at transgender individuals with contempt and consider them as having mental disorders. The law is still unclear about the status of transgender people. Islamic jurists have long considered the issue of sex change as one of the “Emerging Issues” (Al-Masael Al-Mostahdese ) and debated about its legal status. Generally, there are three main opinions on sex change among Islamic jurists: First, total rejection; Second, permissible in case of necessity; and Third, total permissibility. Imam Khomeini falls in the third group. Sex change has legal consequences in different set of crimes punishable under Islamic Law including, punishable by prescribed (Hudud), retaliation (Qisas), blood money (Diyyat) and discretionary punishment (Tazir) which have been explored in this paper. Manuscript profile -
Open Access Article
129 - barreirs to the implementation of panel verdicts in irans law and Islamic fiqh.
seyed ehsan jafaripanah baboli Hasan hajitabar firozjaei mehdi esmaeili -
Open Access Article
130 - Feasibility study of criminalization of soft annihilation of the Islamic government with the viewpoint of rebellion concept
Mohammad Sadeq IranAghideh Alireza Saberian Sayyad Ali Jabbar GHolbaghi MasolehSoft annihilation of the Islamic government is considered like the velvet revolutions which is discussed in the political literature of fight as a newly emerging phenomenon and new issue in Islamic criminal law. It has attracted the attention of thinkers and the field o MoreSoft annihilation of the Islamic government is considered like the velvet revolutions which is discussed in the political literature of fight as a newly emerging phenomenon and new issue in Islamic criminal law. It has attracted the attention of thinkers and the field of humanities. The method and type of actions of law breakers of soft annihilation is utilizing modern technology like satellites and virtual environment plus civil protests that threats Islamic governments. The method of action is different soft and hard annihilation but the goal and the result are the same. Both methods work for downfall of the Islamic government. With respect to this fact the necessity of investigating and analyzing the subject is really felt need. The vast attention to the conceptual scope of the world rebellion (revolt) shows the fact that rebellion with this characteristic should be considered as possibility of criminalization of Islamic government. Manuscript profile -
Open Access Article
131 - Functions and territory of the people's participation and Non governmental organizations in the criminal prosecution process based on Imamiyah jurisprudence
rouzbeh asghari hasan hajitabar firozjaee Abolhasan ShakeriThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the crimi MoreThe participation of people and social institutions in the criminal trial process is among the embodies of "collaborative criminal policy", which has different functions in the scope of criminal law and response to crime and criminality.In fact, the failure of the criminal justice system in preventing delinquency by resorting to unilateral and repressive approaches led scholars of the criminal rights to think about the policies of "non-intervention of criminal rights" or in its modified form, "limiting its intervention in the criminal process" and instead of that, introducing more people and social institutions.The conclusion of the research is that Iran's criminal justice system influenced by the developments of criminal sciences and inspired by the basics of jurisprudential and trusted by civil society and in order to take advantage of popular participation capacity and social institutions, proceed to predicting institutions such as criminal mediation, recognizing non-govermental organizations and alternative penalties.This matter in Imamiyah jurisprudence as the main source of Iran's criminal law has emerged obviously in all stages of criminal proceedings, even before conducting the criminal process. Manuscript profile -
Open Access Article
132 - Jurisprudential Reflection on the Signified of Article 440 in Islamic Penal statute
Seyyedeh Mahboubeh Hassani Abolhasskolaei Mohammad Mohseni Dehkalany Ali Akbar JahaniWhen a criminal is sentenced to retaliation for crimes less than death, the demand of someone who has been committed a crime against him is sufficient for retaliation. This question may be raised that whether the complete retaliation of an injury of criminal, prior to t MoreWhen a criminal is sentenced to retaliation for crimes less than death, the demand of someone who has been committed a crime against him is sufficient for retaliation. This question may be raised that whether the complete retaliation of an injury of criminal, prior to the establishment of full recovery in the real crime victim is permissible or not? Famous jurists based on the Qur'anic generalities and absolutes, and no-spread principle, made the license of retaliation before recovery of their own principle. In contrast, some jurists have not accepted the license of retaliation before recovery. And some others have divided between the injuries that are typically spreading and injuries which do not spread. It is noteworthy that the legislator has provided and presented in Article 440 of Islamic Penal statute. But before executing a life retaliation, the heir authority should pay the blood money of crime as retaliating perpetrator`s. And if the emerged spread is considered unintentionally, the perpetrator is condemned to pay the blood money which is committed by the spread, and does not diminish the amount of the blood money retaliation. The authors, after reviewing the issue and with great care in its documentation, believe that the lack of retaliation permission has no legal basis. Ultimately, they choose “the divisiveness view” as their choice. Manuscript profile -
Open Access Article
133 - Legal Analysis of the Time`s Role in Occurrence of a Crime, Determining a Penalty and its Execution
Yavar Jalaeyan Saleh Mehdi momeni Ali Reza Sabrian Mohammad Rouhani MoghadamThis present paper has been written for the purposes of knowledge and evaluating the importance of the time`s role in committing a crime according to the legal view point; its data is collected by documentations method, and its data analysis is used wi MoreThis present paper has been written for the purposes of knowledge and evaluating the importance of the time`s role in committing a crime according to the legal view point; its data is collected by documentations method, and its data analysis is used with descriptive-analytical way. While examining the points of strength and weakness of the existing criminal statutes on the subject matter, it will be tried in this research to discuss the area of the concept of time requirements, its effect on the validity of penal code, lapse of time, analysis of relationship between time and criminal liability, the influence of time element on the punishment process and manner of adaptation a punishment to the time requirements, finally considering the relationship of time with some causes of punishment abolition. The results of this study states that the phenomenon of time and its requirements play a part, sometimes as a causative or procuring factor of a crime from a criminological perspective, and occasionally, its role is as a condition for the realization of the physical element of the crime, mitigating or aggravation of criminal liability and the factors of commutating, modifying, suspending or delaying the punishment from the criminal perspective. Manuscript profile -
Open Access Article
134 - Jurisprudential foundations of media terror criminalization and its punishment
Maryam Bashiri Hasan Fallah Ahmachali Sayyd Mohammad HoseiniIn today's media world, it is one of the major social issues in jurisprudence. Therefore, its umbrella has spread over all subjects and has covered and affected everything from religion, culture, art to economic, welfare, political, security, etc. issues.With this state MoreIn today's media world, it is one of the major social issues in jurisprudence. Therefore, its umbrella has spread over all subjects and has covered and affected everything from religion, culture, art to economic, welfare, political, security, etc. issues.With this statement, during the extensive activities of the media, the real or legal personality may suffer as a result of media attacks, which is an example of war and terror. In this case, the main point in terror is to create terror, lawlessness, violence and lack of rules, which can be seen abundantly on radio, television, cinema and cyberspace, and the result is to change people's behavior. Now the question arises, where is the position of jurisprudence and its foundations in confronting the assassination of real and legal personalities? It is assumed that according to religious ideas, support of society, guarantee of public order and protection of individual rights, a punishment is considered for the wrongdoers and perpetrators of media crimes, and the guarantor of the damages is specified and the method of compensation is stated. . The jurisprudential foundations clearly show the customary and Sharia responsibility of the media. To reach this hypothesis, a descriptive-analytical method has been used. The purpose of this research is to formulate comprehensive laws based on the existing facts in this field. Manuscript profile -
Open Access Article
135 - An Investigation of Judicial and Legal Principles of Murder Par Omission in the Law of Iran with a Consideration of the Common Law Legal System
Hmzeh Baygi Harbagh Kumars KalantariMost jurisprudents believe that murder by omission gives rise to liability for the doer of the action in case of intent and with the assumption of capability. Jurisprudents have studied murder by omission (failure to act) under different rules of jurisprudence, such as MoreMost jurisprudents believe that murder by omission gives rise to liability for the doer of the action in case of intent and with the assumption of capability. Jurisprudents have studied murder by omission (failure to act) under different rules of jurisprudence, such as the no loss principle, beneficence (Ihsan) and causation (Tasbib). There are, however, different comments on the issue. Despite developments and changes established in the law of Iran at different legal periods, there was no clear regulation regarding the criminal liability of the person who failed to act (Tarik), until by virtue of paragraph 1 of the unified article the law for the refusal to provide assistance to injured persons and to eliminate the risks of life in 1354, this issue was subject to legislative prediction; on the other hand, in 2013, pursuant to Article 295 of the Islamic Penal Code of 1392 and according to the present conditions in the aforementioned article, the person who failed to act is held to have criminal liability. In some countries, based on common law, the criminal liability of the person who refuses to act is relatively admitted; in countries under common law, omission is considered as a material element only when there is a legal requirement and responsibility to act and failure to act leads to the commitment of the crime. Manuscript profile -
Open Access Article
136 - Role of Religious Institutions in Preventing Crimes (Challenges and Solutions against it
Masoud Heydari Masoud MomeniIn the recent decades, criminal policy as a set of measures to control criminal phenomenon has been changed remarkably influenced by the approaches of law schools and theories of criminologists and its widespread concept has been taken into consideration. However, this MoreIn the recent decades, criminal policy as a set of measures to control criminal phenomenon has been changed remarkably influenced by the approaches of law schools and theories of criminologists and its widespread concept has been taken into consideration. However, this view is not unprecedented in criminal law history and it has been considered in the Islamic criminal justice especially during the reign of Imam Ali (Peace be upon him). The concordance of findings of contemporary criminologists and law schools with the viewpoints of that criminologist jurist shows this fact. His attention to the categories of prevention, rehabilitation, civil society capabilities, the principle of legality and minimal intervention of criminal law and in brief, special attention to human dignity has caused his penal policies to still meet the needs of modern human beings and to be considered as a unique policy. Therefore, regarding the peaceful coexistence of Imamiyeh criminal law with criminological theoretical data and practical experiences of criminal policy, it’s worthy that the policies of modern criminal jurisprudence follow all the accepted and emphasized principles of Islamic law system for the title “criminal policy of Islam” to be applied. Manuscript profile -
Open Access Article
137 - Reasons of Forbidding Suicide and its Place in Iran's Criminal Law
Jafar Jafarzadeh Mahmoud Ari Ali Akbar Abulhosseini Mohammad Baqer Alitabar FirozjaeiSuicide is an act which is the subject of a crime and also can be the object of a crime (victim). In other words, if the victim of murder is innocent, he himself is a murderer. In fact, suicide is a kind of murder with the unity of the killer and the victim. From the Is MoreSuicide is an act which is the subject of a crime and also can be the object of a crime (victim). In other words, if the victim of murder is innocent, he himself is a murderer. In fact, suicide is a kind of murder with the unity of the killer and the victim. From the Islam's viewpoint the suicide is forbidden. Its application in book, tradition and consensus is fixed. In Iran's criminal law, suicide does not relate to the offense. Of course, recently, according to the penal code of computer crime, some forms of computer systems which lead to suicide can be regarded as a crime and are punishable. Manuscript profile -
Open Access Article
138 - The Initial Protective Measures Regarding Child development in Islamic Criminal Policies
Masoud Heydari Islamic and criminal law regarding the children is not merely briefed in the panel policies. Regulating the response of manner against misdemeanor is a part of the Islamic criminal code. In Islamic criminal policy, in addition to this issue other dim More Islamic and criminal law regarding the children is not merely briefed in the panel policies. Regulating the response of manner against misdemeanor is a part of the Islamic criminal code. In Islamic criminal policy, in addition to this issue other dimensions are of concern as well. This section in Islamic criminal law involves the period of the child’s formation, that is, when the family structure is being established. Here, the child is protected by the law with respect to the three general concepts: promoting the idea of sexual desire towards regeneration by observing the law regarding marriage, regulated selection of spouse and educating and preparing the ground for the healthy family structure. It seems that in some aspects like the issue of marriage, the objective of support is rated based on the secondary comparison to the other aspects. Manuscript profile -
Open Access Article
139 - Duress to Murder and its Documentations in Imamieh Jurisprudence & law of Iran
Hassan Hajitabar Firozjaei Amin FallahBased on rules of Imamieh jurisprudence and Iranian criminal rights (including Article 151 of Islamic Penal Code ratified in 2013), one of the eliminating factors of criminal liability is duress. Duress includes “mental pressure imposed on a person through whom hi MoreBased on rules of Imamieh jurisprudence and Iranian criminal rights (including Article 151 of Islamic Penal Code ratified in 2013), one of the eliminating factors of criminal liability is duress. Duress includes “mental pressure imposed on a person through whom his free will and authority (consent) is waived at the time of committing that behavior”. The present paper discusses determining intentional murder judgment resulting from duress and its documentations in Iranian rights (Articles 375 to 380 of Islamic Penal Code ratified in 2013) and Imamieh jurisprudence. This study concluded that firstly, the failure in elimination of criminal liability from the person subject to reluctance in the status of duress to murder is based on the distinction without reference and principle of human being lives equality. Secondly, the basis of eliminating criminal liability from the person subject to reluctance to murder in the case of being minor or insane is the rule of stronger cause from the foreman. Thirdly, Imamieh jurists’ opinions concerning permission or prohibition of killing in terms of duress to murder are not the same; however, the most well-known idea of Imamieh Jurists and consequently, Islamic Penal Act (IPA) ratified in 2013 is principally based on prohibition of murder in the case of duress to killing. Manuscript profile -
Open Access Article
140 - Minimal Penal policy in Imami jurisprudence (looking at Iranian law)
esmael jafari hasan hajitabar firozjaee Mehdi Esmaeli Following the failure of the official criminal justice system in the fight against crime, in the late 20th century, a new movement called "minimization of criminal law" in the form of decriminalization, decriminalization and decriminalization mechanisms, especiall More Following the failure of the official criminal justice system in the fight against crime, in the late 20th century, a new movement called "minimization of criminal law" in the form of decriminalization, decriminalization and decriminalization mechanisms, especially against minor crimes and criminals Non-dangerous was formed in the minds of thinkers and legislators as a suitable solution for crime management through the participation of people and informal institutions in order to eliminate or reduce the adverse effects caused by criminal inflation, increase the social acceptability of the criminal justice system and facilitate the process of criminal rehabilitation and creation of social justice. The findings indicate that the policy of reducing recourse to the criminal justice system is concerned with the teachings of Islamic jurisprudence, including the verses of the Holy Qur'an, traditions and views of Imamiye jurists in the form of the court ruler relying on various jurisprudential principles and the rules in the process of hearing and issuing judgments, and also the execution of the punishment. Also, by approving the laws of Islamic punishment approved in 1392 and the code of criminal procedure approved in 1392 with subsequent amendments and additions and the law on reducing the prison sentence approved in 1399 through the provision of various measures of decriminalization and decriminalization, the Iranian legislature has shown its true will to join this movement and has implemented the form of institutions, especially decriminalization and decriminalization. Manuscript profile -
Open Access Article
141 - Examining the claim of entering and attracting a third party in Iranian and American law (federal)
Alireza Sotudeh ali pourjavaheri Ali Jamadi Darush BabaeEvery lawsuit has two parties, the plaintiff and the main defendant; Maybe some people like the lawyer, executor, guardian, heirs, or deputy are also involved in the lawsuit, but they actually enter the lawsuit as the main plaintiff and defendant. If other than the plai MoreEvery lawsuit has two parties, the plaintiff and the main defendant; Maybe some people like the lawyer, executor, guardian, heirs, or deputy are also involved in the lawsuit, but they actually enter the lawsuit as the main plaintiff and defendant. If other than the plaintiff and the main defendant (their dependents), another person is also a beneficiary in the lawsuit, he should enter the lawsuit under the title of "third party"; "Third-party entry" or "Third-party acquisition" will have special provisions. The results of this research showed that in Iranian law, the conditions for filing the said lawsuit are not mentioned in the legal articles related to the third-party claim. But there are two related conditions or the same origin. In order to file these lawsuits, the American legislator has provided three conditions of a common action or legal event, a common judicial or subject matter, and having an interest in the main issue to file these three lawsuits. These conditions of the American federal law are similar to the Iranian procedural law. . Regarding the third entry, the situation is slightly different. The third party cannot always be considered as a defendant, which has been proven both in Iran's civil procedure and in the American federal law. Manuscript profile -
Open Access Article
142 - Jurisprudential and legal feasibility of criminal protection of spiritual heritage by looking at international documents
karen rohani Sharid Bitarafan reza nasiri larimiSpiritual heritage, as an intangible type of cultural heritage, refers to the set of beliefs, beliefs, customs, traditions, arts and performances of a nation or society, which are rooted in their history and culture and are respected and honored by the people of that na MoreSpiritual heritage, as an intangible type of cultural heritage, refers to the set of beliefs, beliefs, customs, traditions, arts and performances of a nation or society, which are rooted in their history and culture and are respected and honored by the people of that nation or society. Despite Iran's accession to the Spiritual Heritage Convention (2003) and the commitment to protect this heritage, the lack of separate regulations for the protection and protection of spiritual heritage is an issue that has caused violations of this heritage to not be accompanied by appropriate legal responses. This research deals with the case of exploration in this regard with the theoretical method and tools of criminal law. The main question of this article focuses on the possibility or impossibility of criminal response to the transgressors of spiritual heritage in Iranian law, so that the possibility of criminal treatment of the perpetrators of violation of spiritual heritage in terms of criminal law and Islamic jurisprudence can be investigated. Finally, by examining the existing regulations and their compliance with the Convention on Intellectual Heritage as well as with the laws and practices of some countries, it has been concluded that by applying the existing regulations and providing a logical interpretation of the laws, only a few cases of violation can be criminally responded to. There is a spiritual heritage and the criminal protection of this heritage requires the development of comprehensive regulations and obstacles in this regard. Manuscript profile -
Open Access Article
143 - Feasibility Study of Criminalization in the Family Law
Khadijeh Sadeghi Movahed Seyyed Mohammad Sadri Ahmad Bagheri Heidar AmirpourSince the family and the stability of its foundation, for providing the proper and required functions, has particular importance, and on the other hand, there is the possibility of collapse and destabilize due to various behaviors and factors,criminalization of behavior MoreSince the family and the stability of its foundation, for providing the proper and required functions, has particular importance, and on the other hand, there is the possibility of collapse and destabilize due to various behaviors and factors,criminalization of behaviors against family in the Imāmie jurisprudence and law is taken into consideration. Meanwhile jurisprudential rulings include avoiding criminalization of the most family violations. In contrast, a group of lawyers and sages believe that the criminalization in this field is against to the nature of the family and its requirements, referring to the family privacy and the separation of morality from the law. According to the findings of this study, Islam also does not endorse criminalization in the family except in sexual relations, and has emphasized on solving the family problems through other ways, like establishing a family court, reconciliation, and so forth. Manuscript profile -
Open Access Article
144 - Examining the relevance of ignorance to the Shari'a ruling in criminal liability
seyed mohammad sadri Abedin Momeni Mohammad Mehdi Karimi Salimi Ignorance is one of the less frequent but very important concepts in Iranian criminal law. The legislator did not provide a precise definition of ignorance, and in Article 155 of the Islamic Penal Code, the meaning of ignorance is used in an indefinite manner, as More Ignorance is one of the less frequent but very important concepts in Iranian criminal law. The legislator did not provide a precise definition of ignorance, and in Article 155 of the Islamic Penal Code, the meaning of ignorance is used in an indefinite manner, as it considered ignorance of the ruling as a legitimate excuse. In Article 217, one of the conditions for the implementation of the limit is the awareness of the criminal about the sanctity of his behavior. Therefore, the meaning of ignorance should be obtained in jurisprudence, because the fundamental concepts of Iranian Islamic law originate from jurisprudence and the principles of Twelver Imam Shia jurisprudence. By examining the history of the debate from ignorance to judgment in the two sciences of jurisprudence and jurisprudence, this research seeks to find an answer to the definition of ignorance in the Islamic penal law of Iran, especially Article 155 of the Islamic Penal Code on the issue of ignorance to judgment from a Sharia point of view. The summary of the research is that according to Sharia, if the ignorant person is incapable or the guilty party is not complicit, his ignorance is considered as an excuse in Sharia and is punishable. Otherwise, his claim of ignorance will not be accepted. Manuscript profile -
Open Access Article
145 - An Investigation into the Possibility of reinforcement of Retaliation from the Point of view Of Iranian and Islamic Laws
mohammad arabshahe mohammad imami Ali NosratiThere are three kinds of death Punishments in Islamic law: Retaliation, Hadd or death ascertained execution and Tazir or not- ascertained death execution. Sometime after execution and death ratification by the physician, there appear the signs of life in the offender. T MoreThere are three kinds of death Punishments in Islamic law: Retaliation, Hadd or death ascertained execution and Tazir or not- ascertained death execution. Sometime after execution and death ratification by the physician, there appear the signs of life in the offender. The question to which this study, an analytic one is going to answer is that whether it is permissible for the judges to execute the offender in this case or not. The Islamic criminal Law of Iran following the majority of Imami jurists accepts the view that the family of the victim have the right to ask the execution of the offender due to the concept of some verses of the holy Quran and some narrations. The outcome of this study is that in the case of the retaliation it is trough but The outcome of this study is that in the case of the retaliation, it is trough but in the case of Hadd or death, ascertained execution it is not permitted when the offence is proved by his assertion, and the offender suffers the enforcement of the punishment. And Finally in the case of not- ascertained death execution it is not permitted at all due to the lack of proofs. Manuscript profile -
Open Access Article
146 - The Philosophy of the Exercise of Restrictive Punishments under the Criteria of Discretionary Punishment
Mohammad Hadi Sadeghi Javad RiahiAccording to the sources of Islamic jurisprudence, expediency of judge in the selection of discretionary punishment means that the judge should choose the best reaction by considering the criteria related to three elements of crime, victim and criminal. Therefore, the e MoreAccording to the sources of Islamic jurisprudence, expediency of judge in the selection of discretionary punishment means that the judge should choose the best reaction by considering the criteria related to three elements of crime, victim and criminal. Therefore, the examination of these elements demonstrates the reactions that may be chosen. The present study, using a descriptive–analytical method, has examined criteria related to those elements and has found out that the consideration of the criteria and norms of discretionary punishment, sometimes, necessitate the exercise of the restrictive punishment as the most advisable and the most effective reaction. Therefore, judges should determine restrictive punishment in appropriate cases and legislator and judicial directors should guide and conduct judges to exercise the restrictive punishments in those situations. Manuscript profile -
Open Access Article
147 - Analytical Study of Severity to Proving Crimes in Fiqh Imamiyah
Soraya Moniri Rahim Vakilzadeh In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Is More In spite of the fact that Islamic Sharia based the foundation of its laws and commandments on political tolerance, it emphasizes the severity in proving crimes and this is benefited as a remedy for supporting the accused and the society. In fact, Islamic Sharia tries, due to this remedy, to use the firmest reasons as positive reasons of crimes in order to, in the one hand, the vice and the ugliness which happen in the society to be hidden and reputation of people that is one of the purposes of Islamic Sharia to be reserved not to be stained and their sanctity no to be easily destroyed and their human generosity is reserved. On the other hand, the spreading corruption and ugliness are prevented in the society. It is because revealing and discovering crimes are accompanied with publishing related news. As a result, if the news about the occurrence of crimes are repeatedly published among people, the greatness of crimes are reduced and indecency and ugliness of crimes are cleared form their minds. As a result, this makes contamination to the crimes easy and simple and this is the most dangerous phenomenon which threatens the security and organization of the society. Manuscript profile -
Open Access Article
148 - The place of criminal growth in criminal liability from the perspective of Imami jurisprudence and Iranian law
amin fallah hasan hajitabar firozjaeeIn Article 91 of the Islamic Penal Code approved in 2013, Iran's legislator has implicitly considered it necessary to verify the criminal maturity of the perpetrator in order to impose the maximum punishment or retribution on adults under the age of 18 years, which has MoreIn Article 91 of the Islamic Penal Code approved in 2013, Iran's legislator has implicitly considered it necessary to verify the criminal maturity of the perpetrator in order to impose the maximum punishment or retribution on adults under the age of 18 years, which has caused disagreements among jurists and judicial practice. and it is not clear that upon reaching the age of puberty, is the principle of penal growth or the principle of non-penal growth? The authors, using the descriptive-analytical and library method and with the aim of providing a logical solution in this regard, while expressing different views, came to the conclusion that the sentence contained in Article 91 of the Islamic Penal Code has a Sharia precedent and He is a jurist and the legislator under the title of "growth and perfection of intellect or understanding the nature of the crime committed or its sanctity" by accepting the opinion of the minority of the ancient jurists as well as the opinion of the contemporary jurists, implicitly raised the issue of penal growth in crimes requiring hadd or retribution committed by adults. Under 18 accepted. Also, in this legal article, the legislator has considered the principle of non-attainment of growth for these people. Manuscript profile -
Open Access Article
149 - Juridical Analysis with Emphasis on the Legal System of Legal Pretense of Lawful Acts
Hasan Ali Kalhor hosseinali kalhor Fatemeh SohanianDemonstration of lawful verbs is a credit and affair that is directly related to the thoughts, beliefs and morals of the people in any society whose crime, punishment or even the norm of what they know, depends on society. Of course, the Iranian legislator considers thi MoreDemonstration of lawful verbs is a credit and affair that is directly related to the thoughts, beliefs and morals of the people in any society whose crime, punishment or even the norm of what they know, depends on society. Of course, the Iranian legislator considers this behavior to be contrary to the ethical principles of the society and considers the criterion of criminalizing this behavior to be a victim of public humiliation which is in fact a disturbance of the social order of society.And, without regard to non-criminal acts, it deals with the guarantee of coercive punishment.The criminal actions is against lawful act pretending to prioritize and spend chastising capabilities and immoral act of pretending to be lawful, because necessity is not criminalized in the field of criminal law.It can be through culture and non-criminal actions and desired behavior is limited. And interest to income from the criminalization of the society will be greater than the negative effects. The legislature of the criminalization of this behavior turned from non-criminal acts, without violent criminal acts. It can be determined by culture and education of anytraining programs. Manuscript profile -
Open Access Article
150 - Jurisprudential analysis of the grounds for the criminalization of holding the satellite equipments
Vahid Zarei SHarifThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurispr MoreThe criminalization of holding the sattelite equipments is a jurisprudental challenge in the criminal policy of Islamic Republic of Iran. Various satellite applications in communications and science raise the important question whether this criminalization has a jurisprudential justification? The two categories of legal jurisprudence agreement and opposition was investigated and verified. The result was that holding the satellite equipments is not religiously prohibited, but sometimes needed. Therefore, its criminalization in general, is forbidding the Solomon of God, closing down the path of God, violating the principle of respect for people’s property and the limits of citizenship freedom, and as a result, it is forbidden. But the use of vulgar, obscence or blasphemous, and in general, illegal use of satellite technologies by seeing, hearing, reading, etc., if not causes illegimate harm or harass to another, is religiously prohibited, but not a crime, and if it causes illegimate harm or harass to another, it is both prohibited and crime, and in other cases, it is neither unlawful nor a crime. If the effects of illegal behavior is limited in the privacy of the offender, privacy is immune of criminalization. Manuscript profile -
Open Access Article
151 - The Principle of Penal Economy as the Basis of the Interpretation in Penal Laws of Islam
Hamid Masjedsaraei Khaled Nabinia Ahmad Bagheri Seyyed Mohammad SadriThe principle of penal economy is one of the most fundamental principles in the field of criminal law that eliminates the difficulties and complexities of criminal law as one of the constraints on the rights and freedoms of citizens with a slight degree of consolation a MoreThe principle of penal economy is one of the most fundamental principles in the field of criminal law that eliminates the difficulties and complexities of criminal law as one of the constraints on the rights and freedoms of citizens with a slight degree of consolation and consistency. In fact, this principle seeks to delimit the scope of the criminal law intervention in the area of citizen rights and freedoms. The commitment to the principle of criminal economy not only provides for the optimal use of criminal law in its proper place, but also at the same time provides grounds for the attention of the criminal policy of Islam to the use of social-legal instruments and institutions. The rule of the shamefulness of punishment without notice of law, the rule of interpretation in favor of defendant in the face of doubt, the principle of precaution in cases involving life, reputation, sexual chastity and property, the principle of narrow interpretation, the principle of the obligation of judge to be strict at the stage of proof of the crime and the principle and foundation of hudud on tolerance and mitigation in the implementation of penalties, the principle of tolerance, the principle of legitimacy of the expediency in determining the punishment, and the principle of non-authority justify the establishment of such a principal. Without doubt, the application of this principle in the process of punishment will result in a non-inflaming criminal system and, moreover, it can pave the way for the realization of criminal justice. Manuscript profile -
Open Access Article
152 - The Legitimacy of International Criminal Courts in Dealing with Environmental Crimes Caused by Oil Pollution from the Perspective of Islamic Jurisprudence
Housin Foroughenia Ali AshrafianEnvironmental pollution caused by petroleum is one of the issues which is spreading today and causing irreparable damages, while the domestic courts of some countries, especially Islamic countries, are not able to or are less willing to prosecute the cases beyond their MoreEnvironmental pollution caused by petroleum is one of the issues which is spreading today and causing irreparable damages, while the domestic courts of some countries, especially Islamic countries, are not able to or are less willing to prosecute the cases beyond their borders because of religious and legal barriers. Some of these crimes, especially environmental, are committed by the natural or legal persons of the Islamic countries or on the territories of these countries which have caused problems of jurisdictional conflict and other issues. The findings of the present study show that in the case of the exercise of international jurisdiction over the oil pollution offense, if the forensic investigators conclude that the investigation of such a crime would bring benefits to the Islamic Republic of Iran, such as bilateral agreements and acceptance, the legitimacy of referring disputes to the judgment of non-Muslims will be permitted. Therefore, this article examines the jurisdiction of international criminal tribunals in the cases dealing with environmental pollution caused by petroleum materials in the light of international law and present regulations in Islamic Sharia with a consideration of the theory of expediency set forth in Imamiyah jurisprudence. Manuscript profile -
Open Access Article
153 - Support strategies of jurisprudence and law in criminal bankruptcy of legal entities
Mahoud Salehi Mohammad Rouhani Moghadam Sayyd Ebrahi GHodsiThe topic of bankruptcy in Islamic jurisprudence is reflected in jurisprudence sources, which are in line with the most advanced human solutions and the latest developments in bankruptcy law, and the rules and solutions that human societies have achieved in a long proce MoreThe topic of bankruptcy in Islamic jurisprudence is reflected in jurisprudence sources, which are in line with the most advanced human solutions and the latest developments in bankruptcy law, and the rules and solutions that human societies have achieved in a long process by trial and error. It has been presented and practiced in Islamic law for a long time. Bankruptcy has been examined in jurisprudential texts in the case of Interdiction. Provisions have been established in the relevant laws, which are sometimes in accordance with jurisprudential orders and in some cases derived from French law. However, in the criminal regulations of the country, despite the provision of criminal liability of legal entities by the legislator, the failure of the courts to issue criminal bankruptcy judgments in relation to legal entities has created many problems, which has become a new way to avoid large debtors. The purpose of this article is to examine the legal and jurisprudential support strategies in the criminal bankruptcy of legal entities. The findings of this research show that profit-seeking people cling to legal loopholes and manifest bankruptcy in order to benefit from existing exemptions for illegitimate purposes, including running away from debt they achieve. Manuscript profile -
Open Access Article
154 - The theory of reduced liability in the light of the concept of the criminal development stipulated Article in 91 of the Islamic Penal Code 2013
Esmael Haditabar sayyed masoud heydari Pezhman ParsaPaying attention to the criminal development in addition to sexual maturity for the first time in Article 91 of the Islamic Penal Code 1392 and the necessity of obtaining it in punitive and retributive crimes, as well as the development of judicial powers for the abolit MorePaying attention to the criminal development in addition to sexual maturity for the first time in Article 91 of the Islamic Penal Code 1392 and the necessity of obtaining it in punitive and retributive crimes, as well as the development of judicial powers for the abolition of punishment and retaliation is not only possible for perpetrators under 18 years of age, but also for those aged over 18. It is also possible to prove it on one hand, and on the other, eliminate the difference in the minimum age for criminality between girls and boys in crimes of inferiority and follow a system of gradual liability indicating the acceptance of relative criminal responsibility and a different and discriminatory criminal response. Children and adolescents versus adults are considered to take the steps in making the law in favor of their desires to achieve a favorable system of criminal responsibility for them. However, the use of the term "punishment" is not entirely possible in Article 91 of Criminal Code, and it does not seem correct based on the "decisions" in Article 88 of the Criminal Code. Manuscript profile -
Open Access Article
155 - Criticism and review of the position of Islamic jurisprudence in criminal policy legislation and its relationship with Article 167 of the Constitution law
Amir Vatani Aki Esfandiar feridoun Jafari Soudabeh Rezvani This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islam More This article seeks to answer these questions: what is the main challenge in the interaction of traditional jurisprudence and law in the construction and transformation of Iran's criminal policy? Also, which of the criminal justice policy governing the Islamic Penal Code is more compatible with international or Islamic criteria? In order to achieve this purpose, the most important factors of tension between the changeable sharia punishments and human rights norms in Iran's criminal policy should be recognized; The means of achieving this goal is to study and research the recent developments of Iran's legal criminal policy (Islamic Penal Code, Criminal Procedure Code and several other recently approved main criminal laws) in order to measure the dominant discourse in the field of punishment. The article explains that the translationism of jurisprudence and the raw injection of jurisprudence into Iranian criminal law, the confusion in the way of adapting the laws of western countries, and the lack of foundation for the implementation of new penal institutions, are the most important manifestations of the aforementioned challenge; As the judicial criminal policy governing the Islamic Penal Code, in the realm of punishment, retribution and atonements, is based on Islamic teachings, and in punishments to an acceptable and not desirable extent, is in line with some international standards of criminal law in the direction of protecting human rights. Manuscript profile -
Open Access Article
156 - Gender and Crime: An Empirical Test of General Strain Theory among Youth in Babol (A City in Northern Part of Iran)
Ali Asghar Abbasi Asfajir -
Open Access Article
157 - Investigating the Impact of Environmental Poverty on Criminal Behavior of Young People in Marginal Areas
Kazem Ghojavand -
Open Access Article
158 - A Sociological Study on the Effective Factors involving in the Attitudes of Male Students and Vandalism at High Schools in Khoramabad
Masomeh Motlagh Sajedeh Naderi -
Open Access Article
159 - Differential Criminal Policy of the Armed Forces of the Islamic Republic of Iran in the Crime of Computer Espionage
Yasser SHakeri Ali Reza Salehi GHolam Hosein RezaeiSome of the criminal examples in the armed forces of the Islamic Republic of Iran, according to the thought approach that governs the policy-making procedure an leads it in the direction of differentiating the crimes, have been brought to the attention of the legislator MoreSome of the criminal examples in the armed forces of the Islamic Republic of Iran, according to the thought approach that governs the policy-making procedure an leads it in the direction of differentiating the crimes, have been brought to the attention of the legislators in such a way that, while emphasizing the maintenance of public order, it also affects maintenance of the order of military units. In other words, in some cases, if there is no emphasis on dealing with it, military crimes can cause disturbances in public order, which include traditional espionage and computer espionage. The research methodology in this study is descriptive-analytical through library and survey studies. In the criminal system of the Islamic Republic of Iran, in addition to the Law on Punishment of Armed Forces Crimes approved in 2003, the Law on Computer Crimes approved in 2009 also covers the commission of computer espionage by military personnel. The findings of the present research indicate that in the Criminal Law of the Armed Forces of the Islamic Republic of Iran, the perpetrator of the crime of traditional espionage and computer espionage can be a military person or a civilian. The criminal policy governing the crime of espionage in the Criminal Law of the Armed Forces approved in 2012 is a strict criminal policy. Manuscript profile -
Open Access Article
160 - The Nature of the Decision of the Working Group to Determine Examples of Cyberspace Criminal Content and Its Consequences
amirali behdadi mohamdreza zande morteza naji zavarehIn order to prevent the occurrence and continuation of criminal activities in the cyberspace and to ensure the protection of the public and national interests of the society, the Iranian lawmaker body has employed a guideline entitled The Order of Refining the Working G MoreIn order to prevent the occurrence and continuation of criminal activities in the cyberspace and to ensure the protection of the public and national interests of the society, the Iranian lawmaker body has employed a guideline entitled The Order of Refining the Working Group to determine examples of criminal content under the Article 750 of the Islamic Penal Code (section of Computer Crimes). This new non-criminal measure, which is a temporary security measure in nature, has entered the legal criminal policy of fighting cybercrimes based on the teachings of the negation of absolutism in terms of the technical and specialized characteristics of cyberspace crimes. The mentioned approach has caused challenges and given rise to ambiguities with regard to the nature of the position and status of the working group for determining examples and its decisions and the conflict they have with the decision of the judicial authorities.The authors of this research, using the qualitative-exploratory method and based on documents and library sources and using the point of view of experts, have concluded that: 1- The nature of the aforementioned working group is one of the examples of quasi-judicial commissions; 2- The decision of the working group to determine cases is subject to the supervision and can be sued in the Court of Administrative Justice according to the general principles of litigation; 3- In the legal procedure of the judiciary, the decision of the Amarah (lit. sign or allusion) working group is considered to be a refutable type of criminality.4- The decision of the working group to determine the examples for the judicial authority has a formality. Manuscript profile -
Open Access Article
161 - Criminological Explanation of The Influence of Lived Experiences on The Strengthening of Criminal Tendencies in Cyber Space Subject of Study: Great Tehran Prison (Fashafouye)
Gelavizh Sheikholeslami vatani Mohhamad Ashouri Nasrin Mehra Mohammad Ali MahdaviSabetIn the process of evolution from thought to criminal action, what happens to a cyber-criminal in his/her initial or continuous desire to commit a crime is the strong criminal tendency and the lack or, in some case,s weakness of the deterrents that cause him not to join MoreIn the process of evolution from thought to criminal action, what happens to a cyber-criminal in his/her initial or continuous desire to commit a crime is the strong criminal tendency and the lack or, in some case,s weakness of the deterrents that cause him not to join the society. This gradual process, which concentrates on risk components in different age periods based on three basic components including learning patterns and learned lessons, suppressed childhood experiences and memories and finally the lack of family and social bonds, will be studied in this paper. Therefore, the present research, employing causality perspective, explains how the social forces (family, friends, culture, environmental conditions, poverty, etc.) can be effective in creating a criminal identity? An approach that aims to achieve practical results tested a range of variables in the light of theoretical criminological foundations on the statistical population of cyber-criminals to be able to achieve a causal cognitive model based on the most important factors influencing their criminal course. Variables that often cause the appearance, continuity and stability of cybercrimes are acquired and learned and that the human nature (inheritance) play insignificant role the formation of cyber crimes. Hence, the current research, which is a collective and phenomenological research, is descriptive-analytical in terms of its nature and method, and in terms of purpose is practical. The statistical population of this research consists of a group of convicts of Great Tehran Prison (Fashafouye) who are serving their sentence in the said prison. The findings describe the fact that the propensity for cybercrime and movement towards it is not a single event but a product of a gradual and staggered process. It is worth mentioning that the statistical calculations were done using SPSS22 software and based on descriptive-inferential statistics (by applying the multivariate regression equation method). Manuscript profile -
Open Access Article
162 - Situational Prevention Approaches of Iran's Criminal Policy Against Cyber Security Violations in the Light of International Documents
Eraj Negahdar babak pourghahramani Jamal BeigiPrevention of security breaches today depends on understanding the concepts and examples of cyber security breaches as well as appropriate examination of the measures applied by governments in adopting preventive criminal policies. This is a relatively new issue but imp MorePrevention of security breaches today depends on understanding the concepts and examples of cyber security breaches as well as appropriate examination of the measures applied by governments in adopting preventive criminal policies. This is a relatively new issue but important one in thatit constitutes the most important component in expressing the desired governance of countries. Furthermore, as the evidence show, the cyberspace is the target of complex security-violating actions it has induced the governments both in the domestic and international arenas to apply efficient and effective approaches and guidelines of active and comprehensive preventive criminal policies and to seek suitable solutions against the cyber security breaches. The present article follows descriptive-analytical methodology inanalysing the situational preventive approaches of Iran against cyber security violations as stipulated under laws and legal documents as well as the international instruemts. It seems that, despite the fact that the legal system has taken different cyber security approaches in situational prevention of the cyber breaches but, the criminal policies of Iran, in spite of the attempts at strengthening of the cyber security foundations, lacks the differentiation bases and have not been successful in adopting centralized and effiient policies in preventing the cyber space breaches Manuscript profile -
Open Access Article
163 - The Principle of Immediacy in Legal Sanctions for the Violation of Fashion Designers’ Intellectual Property Rights
Leila Aalikhani Saeid Habiba Hasan Alipuor Mohammadreza ElahimaneshThe principle of immediacy in legal sanctions is conflicting and relative concept. Conflicting, because it seeks to legal sanction performance in short time to prevent crime from continuity and keep victim and community from hurt. On the other hand, for imposition of le MoreThe principle of immediacy in legal sanctions is conflicting and relative concept. Conflicting, because it seeks to legal sanction performance in short time to prevent crime from continuity and keep victim and community from hurt. On the other hand, for imposition of legal sanctions determined by judge and not the law due time for the purpose of judicial accuracy and assessment is needed; and issue that may be impacted by the principle of immediacy. Relative, because the principle is not recommended in all of legal sanctions or stages. Although collateral sanctions (social) and professional (administrative) need to be performed immediately, but criminal and civil sanctions need accuracy and evaluate. Balance between different sanctions particularly for protecting fashion designer sights is necessary. Like some of intellectual property subjects, violation of the rights of fashion designers result in losing of the designer’s moral and material rights. Therefore, waiting for explanation of charge, trial and legal sanctions performance of the accused is not compatible with the victim and criminal-based justice goals. In turn, immediacy in legal sanctions performance with the purpose of the prevention of violation of the creators’ rights may be more efficient than resorting to criminal sanctions. The present research employs descriptive and library methods assessing the efficiency of the principle of immediacy in protecting the designers’ IP rights whereby it concludes that compound performance of legal sanctions from the beginning to end, based on subject and nature, can be effective so that before trial, the principle of immediacy governs and, is dominate and during the trial, the principle of accuracy. Manuscript profile -
Open Access Article
164 - A Comparative Study of the Electronic Evidence in Criminal Justice Systems of Iran and China
Babak pourghahramani Reza GhaderiBackground and Objective: With expansion of cyberspace, crimes in this area have also spread. The need for credibility, seizure and collection of electronic evidence has been considered in various criminal justice systems. The purpose of this article is to comparatively MoreBackground and Objective: With expansion of cyberspace, crimes in this area have also spread. The need for credibility, seizure and collection of electronic evidence has been considered in various criminal justice systems. The purpose of this article is to comparatively study and analyze the position of electronic evidence in the criminal justice systems of Iran and China.Method: The present research employs a descriptive-analytical method in reaching its objectives. The rules and regulations governing electronic evidence in China and Iran have been studied and comparatively examined.Findings: Investigating cybercrime requires the seizure, collection and credibility of electronic evidence in the trial process. The laws and regulations of Iran and China have dealt with these issues separately and have provided solutions for criminal prosecution by criminalizing cybercrime.Results: The criminal systems of Iran and China have adopted different regulations and laws with regard to collection, seizure and credibility of the electronic evidence according to their own needs in the society. The legal system of China is more developed than Iran as far as its technical and specialization are concerned. The legal system of Iran, in its turn, follows a human rights approach of the same and attempts at restricting the authority of the justice administration law enforcement agents by stating their duties and responsibilities. Both of the systems use police force as the responsible body for collecting, seizure and credibility of the electronic evidence. Manuscript profile -
Open Access Article
165 - A Feasibility Study of the Actualization and Occurrence of Pretence in Cyberspace and Its Manifestations
kazemi motlagh kazemi motlagh Abedin momeniAmong the jurisprudential and legal aspects of the increased usage scope and exploitation of the cyberspace, the social networks and the platforms such as Instagram, Telegram, Facebook, etc. are embedded the issues of the pretence and the possibility of actualization of MoreAmong the jurisprudential and legal aspects of the increased usage scope and exploitation of the cyberspace, the social networks and the platforms such as Instagram, Telegram, Facebook, etc. are embedded the issues of the pretence and the possibility of actualization of its various legal and criminal aspects in the cyber space. Therefore, the main concern and issue of the present research, which has employed descriptive and analytical methods, is first to examine and explain whether the pretense, having different worship and non-worship aspects and has manifestations in real world, can also actualize and occur in the cyberspace as well or not and, if the occurrence of pretence in cyberspace is possible, what kinds of manifestations, proofs and instances it shows. The results and findings of the research confirm that nowadays the vast majority of legal acts and criminal offenses that are committed in real world can also be committed in cyberspace and that various manifestations, proofs and instances in this arena confirm the findings of the research. This is for the reason that first, as far as the criminal regulations are concerned, pretence of debauching (vice and impiety), pretence of drinking alcohol, power show-off pretence is possible in the cyberspace as well, and the filing of court cases in this regard is a proof for this claim. Second, as far as the pretence in legal terms is concerned, pretence of online purchase and sale as well as pretence of concealing the defects of commodities in cyberspace advertisement are among the manifestations of the occurrence of pretence in cyberspace. Manuscript profile -
Open Access Article
166 - 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
167 - 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
168 - 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
169 - 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
170 - 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
171 - 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
172 - 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
173 - 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
174 - 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
175 - 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
176 - 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
177 - 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
178 - 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
179 - 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
180 - 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
181 - 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
182 - 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
183 - International Criminal Law Strategic Policies in Compensation with an Emphasis on International Judicial procedure
hossein jafari taheri Seyed Hesamodin LesaniSome international harms and injuries may be suffered by the victims through the commission of these crimes.The strategic policy of the Court has been linked with a critical and strategic approach to the political life of governments. Compensation has been institutional MoreSome international harms and injuries may be suffered by the victims through the commission of these crimes.The strategic policy of the Court has been linked with a critical and strategic approach to the political life of governments. Compensation has been institutionalized as an integral part of the strategic policy strategy of the International Criminal Court. The power element and the kind of strong and powerful relations with the Supreme Court can be decisive in the implementation of this policy, but the Supreme Court faces serious obstacles and obstacles in pursuit of strategic goals and policies by imposing authoritarian policies of global superpowers. These obstacles have created the balance of criminal justice system in dealing with international crimes. By this way the compensation as part of the function of the court is expressed through the implementation of the compensation plans. The Statute provides for the general points regarding compensation. However, the Court needs to establish the principles and procedures in every case. The main question in this research is what are the principles governing compensation within the ICC. For replying this question, the present research- which is in a descriptive-analytical method. Manuscript profile -
Open Access Article
184 - سیاست جنائی تقنینی جمهوری اسلامی ایران و تأثیرپذیری از حوزه بین المللی
پرویز محمدنژاد محسن رهامی علی نجفی تواناچکیده : جهانی شدن به مثابه فرایندی است که در عرصه های گوناگون جنبه های زندگی بشر ارائه می شود.با توجه به رشدو گسترش اعمال مجرمانه در مقیاس جهانی، حوزه علوم کیفری و جنایی حایز اهمیت است. به نحوی که موجب انجام رفتارهای جنایی فراوانی در دنیا گردیده است.حقوق جزا با جهانی شد Moreچکیده : جهانی شدن به مثابه فرایندی است که در عرصه های گوناگون جنبه های زندگی بشر ارائه می شود.با توجه به رشدو گسترش اعمال مجرمانه در مقیاس جهانی، حوزه علوم کیفری و جنایی حایز اهمیت است. به نحوی که موجب انجام رفتارهای جنایی فراوانی در دنیا گردیده است.حقوق جزا با جهانی شدن پدیده مجرمانه که یک مشکل اساسی است، راهکارهای بسیاری را در عرصه داخلی و خارجی پیشنهاد کرده است.درحوزه ی جرم انگاری در ارتباط میان مقررات یا اسناد بین المللی و قوانین داخلی کشورها، اثر گذاری حقوق بین الملل کیفری و اسناد منطقه ای و بین المللی بر قوانین ملی بار شد مواجه شده است. در اسلام تردیدی در مشروعیت معاهدات بین المللی نیست چون انعقاد آنها راه و وسیله ای است برای تحقق اهداف عالیه اسلام و لذا حاکم و امام مسلمین می تواند با غیر مسلمین موافقت نامه هایی را چنانچه صلاح دین و امت باشد و یا موجب تالیف قلوب آنان به سمت مسلمین گردد منعقد نماید. لازم به ذکر است که عمده ترین اثری که قوانین جزایی جمهوری اسلامی ایران از جهانی شدن می تواند پذیرا باشد به قلمرو تعزیرات ارتباط می یابد برای آنکه محتوا و مبنای اینگونه از جرایم و اختیارات گسترده مقنن در تدوین و اجرای آنها، این امکان که اینگونه از جرایم با مقتضیات زمان و مکان و تحولات جامعه بین المللی قابل انطباق باشند را مهیا می سازد. Manuscript profile -
Open Access Article
185 - Islamic Republic of Iran's Criminal Law Policy and Impact of the International Area
Parviz Mohammadnejad Mohsen Rahami Ali Najafi Tavana -
Open Access Article
186 - Critique of the criminalization of pretending to be a forbidden act in Iranian criminal law
yavar jalaeian saleh mahdi momeni alireza saberyan Mohammad Rouhani MoghaddamAbstractThis study was conducted with the aim of recognizing the nature of pretending to commit a forbidden act and evaluating its position in the jurisprudential-legal dimensions and in terms of the method of data collection as documents and in terms of the method of d MoreAbstractThis study was conducted with the aim of recognizing the nature of pretending to commit a forbidden act and evaluating its position in the jurisprudential-legal dimensions and in terms of the method of data collection as documents and in terms of the method of data analysis by descriptive-analytical method. In Article 638 of the Islamic Penal Code (approved in 1996), pretending to commit a forbidden act is considered a crime. The ambiguity of the mentioned title, due to the lack of expression of its examples in the criminal regulations and the inadequacy of the legislator in determining the punishment for the forbidden act in this article, has faced many problems in its implementation. In the present study, by referring to the sources of Islamic law, the principles of the constitution, the principles of criminal law and judicial procedure and doctrine, the method of legislating criminalization in the mentioned article and the need for the legislator to pay attention to Sharia and constitutional principles and rules of criminal law And we came to the conclusion that if the legislative will is based on criminality to commit haram acts, it must define and specify its instances precisely in the penal regulations. Before amending this article, criminal judges are presumed to observe the principle of legality of crime and punishment and the principle of interpretation of criminal law in favor of the accused, citing Article 37 of the Penal Code, in cases of lack of text, ambiguity and conciseness, in a more balanced way. And act closer to the goals and purposes of the Shari'a and in many cases issue a verdict of innocence to the accused. Manuscript profile -
Open Access Article
187 - Paradigm of restorative justice and limitation of criminal mediation in jurisprudence and law of Iran
yasaman saeidiRestorative justice is the result of changes in the attitude towards criminal justice, this process is a resolution process with tools such as mediation of the dispute in a friendly environment with the participation of the victim and the accused with the management of MoreRestorative justice is the result of changes in the attitude towards criminal justice, this process is a resolution process with tools such as mediation of the dispute in a friendly environment with the participation of the victim and the accused with the management of a third party or discussion about the causes, effects and results of the attributed crime. and facilitates the season. This method not only reduces the density of work and the delay of proceedings that dominates the judicial system, but also leads to the prevention and reduction of violations in the long term and the development of a favorable judicial system. The current research is trying to find an answer to this question in a descriptive and analytical way, what crimes does the jurisprudential and legal limitation of mediation include? The findings of the research show that there are no restrictions in the Sharia for referring human rights crimes to mediation, and in the cases of God's rights crimes, where the ruler has the power to pardon or the crime is proven by the confession of the guilty, and in case of repentance, before the crime is committed. According to the imam, it is permissible to refer to mediation before the establishment of evidence. While the legislator in Article 82 of the Criminal Procedure Law has limited the use of mediation only in taziri crimes with degrees 6, 7 and 8, in the sense that it includes limited. Manuscript profile -
Open Access Article
188 - Examining the doctor's responsibility in surgery by looking at jurisprudence
mohammadkazem rostami kafaki ebrahim yaghoti amrollah nikomaneshThe civil liability of the doctor, as one of the discussed categories in the field of civil liability and private rights, is very important. Civil liability in Iranian law is based on the theory of loss and accrual, according to the majority of jurisprudence. Based on t MoreThe civil liability of the doctor, as one of the discussed categories in the field of civil liability and private rights, is very important. Civil liability in Iranian law is based on the theory of loss and accrual, according to the majority of jurisprudence. Based on this, most of the jurists have justified the doctor's responsibility by relying on these two rules. The result of this is that the doctor is responsible in any case if he is responsible for harming the patient, whether it is prescribing the wrong medicine, or negligence in surgery, etc. It is known, and in case of incurring a loss, he is liable only in the case that he is at fault.According to the review of the historical course of the approved laws regarding the responsibility of the doctor in Iranian law, according to the Penal Law of 2012, if the doctor is not at fault in knowledge and action, there is no guarantee for him, even if he has not been acquitted (Comment 1, Article 495); In fact, the new penal law has accepted the basis of guilt. This is despite the fact that before this, the doctor was the guarantor of any damage caused to the patient during the treatment, even if he did not commit negligence. Manuscript profile -
Open Access Article
189 - Guarantee of criminal execution of fraud in jurisprudence and law
Maliheh sadat sadjadian Sayyed Abulqasem Naqibi maryam Ibn TurabEnforcement guarantee is a direct or indirect means to fulfill legal requirements (including orders and prohibitions) or compensation for damage or in other words is a tool that ensures the effective implementation of legal rules and is used by public forces in society. MoreEnforcement guarantee is a direct or indirect means to fulfill legal requirements (including orders and prohibitions) or compensation for damage or in other words is a tool that ensures the effective implementation of legal rules and is used by public forces in society. This is divided into civil and criminal enforcement guarantees. Forgery of a term in jurisprudence and law means to deceive another and to persuade him to perform an action. That is, one party deliberately deceives the other party by its fraudulent actions. It can be considered as an example of ta'zir punishment. In Articles 5 and 647 of the Islamic Penal Code, the legislature has criminalized forgery and the model deserves punishment. Manuscript profile -
Open Access Article
190 - Criminal liability of telemedicine service providers
Amir Samawati Piruz Sogand AsgariToday, there is no clear boundary between the sciences, many specialties are located between the sciences, including e-health and telemedicine. Of course, in general, this science can not be considered specific to health sciences or only in the field of information tech MoreToday, there is no clear boundary between the sciences, many specialties are located between the sciences, including e-health and telemedicine. Of course, in general, this science can not be considered specific to health sciences or only in the field of information technology. However, telemedicine is one of the technologies that is expected to dramatically change the pattern of health care delivery, as it has already revolutionized many areas of this science, namely medicine. This technology is used as a communication tool that connects healthcare professionals and patients in different areas through telephone, wireless, fax, video conferencing and the Internet and many other means of communication and the possibility of providing medical services to patients without need. Provides for their physical presence. On the other hand, many other problems and issues related to the relationship between the patient and the physician, events and incidents that may occur in this regard and following various medical and therapeutic operations, although in traditional medicine and in other words where between the physician And the patient is not a barrier and the distance is largely resolved, but in relation to telemedicine this issue is debatable and needs to be studied and pondered. In medical services provided to the patient through the medical system remotely, the medical center where these services are provided is a party to the patient's contract, although in this case the contractual relationship between the patient and the telemedicine is not assumed, Subordinate form and based on principles such as employer responsibility, replacement responsibility and apparent representation with the medical center is discussed. Manuscript profile -
Open Access Article
191 - Criminal liability of the surgical team in remote and robotic surgeries
Amir Samawati Piruz ُSogand AsgariTelemedicine covers a wide range of services such as teleconsultation, teleradiology and telecurgery; Providing telemedicine services to patients requires their informed satisfaction with the way services are provided, the treatment method and the potential risks of thi MoreTelemedicine covers a wide range of services such as teleconsultation, teleradiology and telecurgery; Providing telemedicine services to patients requires their informed satisfaction with the way services are provided, the treatment method and the potential risks of this method; the advancement of technology and the use of robotic surgery services is an effective step in medical science, including the benefits of patient access. Areas deprived of the expertise of this science do not need to travel long distances through the Internet and related technologies, but the potential dangers of this new technology require clarification of related laws, regulations and legal interpretations to maximize patients' rights. And better supported. Software and hardware disorders disrupt the surgical process and cause injury to the patient and may lead to the patient's death, so it should be considered separately and according to the consequences of each of these disorders, The differential criteria explained the criminal responsibility of the surgical team. Manuscript profile -
Open Access Article
192 - A comparative study of the Islamic model of Iran's legislative criminal policy with the inclusive authoritarian western model (from traditional Delmas Marti models)
seyed masod yasrebi Seyed Hassan Hashemi tahire, Mohamad AliField and Aims: According to the first principle of the constitution, the establishment of the ruling system in Iran is compatible with republicanism and Islamism. For this reason, policy-making in Iran, including legal criminal policy, is derived from Islamic jurisprud MoreField and Aims: According to the first principle of the constitution, the establishment of the ruling system in Iran is compatible with republicanism and Islamism. For this reason, policy-making in Iran, including legal criminal policy, is derived from Islamic jurisprudence and in national decision-making with the participation of the people. However, since some legal thinkers such as Mrs. Delmas Marti believe that the Islamic model of criminal policy is similar to the inclusive authoritarian model due to lack of knowledge of Islam, the Islamic model of Iran's legislative policy may be assumed to be a (more total) model.Method: The current research is applied in terms of type and purpose, and descriptive in terms of nature and method, and information was collected through document review and data collection.Finding and Conclusion: The present research aims to prove the difference between the Islamic model of legislative criminal policy and the inclusive authoritarian Western model, because the model of criminal policy in Iran is derived from the Republic and Islam and the jurisprudential and religious political system and is far from Islamic ideas. It has meaning with the inclusive authoritarian model.As a result, the inclusive authoritarian model is completely different in terms of the form of the government and the way of legislation and civil participation of individuals and social institutions, and it cannot be accepted that the Islamic model has a semantic or structural affinity with a more totalitarian model, and for this reason, the legal criminal policy model of Iran is derived from the political paradigm and discourse. It is an independent model of the Imamiyyah religion in which, in addition to guilt and deviance, other components such as Hudud, retaliation, Diyat, which have Shari'i and jurisprudential roots, play a role, and the spirit of these components is different from the more total model. Manuscript profile -
Open Access Article
193 - Analysis of jurisprudential principles of criminal responsibility of governments
mahmood mohamadi jorjafaki Ruhollah afzali goroh majid khazaeiBackground and Aim: In Islamic jurisprudence, there is no explanation about the criminal responsibility of the government as a legal entity, and only in the works of some great jurists, there are discussions about proving the legal personality of institutions such as wa MoreBackground and Aim: In Islamic jurisprudence, there is no explanation about the criminal responsibility of the government as a legal entity, and only in the works of some great jurists, there are discussions about proving the legal personality of institutions such as waqf, treasury and government; However, using the logic of inference, solid reasons can be provided for this issue with strong jurisprudential support. In this article, the authors seek to answer the question of what jurisprudential basis is the attribution of criminal responsibility to governments?Method: The present study has been compiled by descriptive-analytical method with library study.Findings and Results: The authors, while typologizing government crimes and expressing the acceptance of the legal personality of the government in Islamic jurisprudence and also accepting the ability to assign criminal responsibility to governments, to general jurisprudential principles such as the book and tradition and specific jurisprudential principles including the rule of ta'zir The Deputy Prime Minister, the rule of expediency, the rule of invalidity, the responsibility for the conduct of another person, the rule of maintaining order, criminal justice and finally the morals have been discussed and the research results confirm that the criminal responsibility of governments - They have been legislated after 1392 - from the perspective of Islamic jurisprudence, it also has validity and legitimacy. Manuscript profile -
Open Access Article
194 - Analysis of the Legislative Response of the Criminal Justice System in the Realm of Crimes Committed by Legal Entities
jamile zeinali mohsen shekarchizadeh raziye Ghasemi KehrizsangiBackground and Aim: The approach or nature of response of a criminal justice system is related to the criminal policy approach of the same system in the field of crime and can be reformist, punitive, controlling or restorative, as the case may be. In the meantime, the r MoreBackground and Aim: The approach or nature of response of a criminal justice system is related to the criminal policy approach of the same system in the field of crime and can be reformist, punitive, controlling or restorative, as the case may be. In the meantime, the response to legal entities will be inherently different from that of natural persons who have committed a crime. In other words, with the normal mechanism envisaged for responding to crimes committed by natural persons, it is not possible to hold legal entities accountable. The response of the criminal justice system is in the form of punishing legal entities, which among the general Sharia punishments, only ta'zir can be applied to legal entities, and it is better for legal entities that the specific punishments of these entities, such as dissolution, confiscation, prohibitions, punishment Use cash and issue a sentence.Methodology: The present study is descriptive and analytical.Findings and Results: The Iranian criminal justice system in the response system suffers from the inadequacy of the penalties provided for all legal entities. Also, public law legal entities that have no criminal liability in the exercise of sovereignty, and ambiguity in the instances of government orders is a way for public legal entities to escape criminal liability. Establishment of differential criminal procedure rules for responding to crimes committed by legal entities, as well as determining the exact manner of execution of specific punishments for legal entities are among the basic needs of this response system. Manuscript profile -
Open Access Article
195 - Conceptualization of economic crimes and strategies to deal with them in the criminal policy of Iran and France
meysam imani naghmeh farhud Seyyed Yazdullah Taheri NesabBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society, and Iran is no exception. Iran's economic environment, due to suffering from many injuries, compared to economic systems like France MoreBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society, and Iran is no exception. Iran's economic environment, due to suffering from many injuries, compared to economic systems like France, creates a more favorable environment for committing economic crimes, the spread of economic crimes prevents the government from achieving its national goals in the field of economic security and general crimes. endangersMethod: The present research was carried out using a descriptive and analytical method.Findings and results: For the first time, the Islamic Penal Code has presented a concept of economic crime by the method of "limited explanation of examples". To some extent, it can be said that examples of economic crimes have been stated. The criticism of economic crimes in Iran's current criminal policy is that some crimes, such as securities market crimes, are excluded from the scope of the definition, and some crimes do not have an economic nature and can only be related to economic crimes. , such as not announcing the occurrence of these crimes by the official authorities, they are included in economic crimes. Contrary to French law, in Iran's criminal policy, especially from the point of view of formal rights, there is no coherent and regular approach and no differential regime has been considered to fight these crimes, and despite the specification of "Special Court for Economic Crimes. Manuscript profile -
Open Access Article
196 - Explaining state crime in the context of postmodern criminology; From criminal normalization to government norm-breaking
sirous imani mehrdad rayrjiyan asli qasem mohamadiThe concealment and justification of harmful actions and decisions of governments and statesmen in the shadow of their power on the one hand and the neglect of the modern criminal justice system and criminology to properly explain and recognize it as a crime on the othe MoreThe concealment and justification of harmful actions and decisions of governments and statesmen in the shadow of their power on the one hand and the neglect of the modern criminal justice system and criminology to properly explain and recognize it as a crime on the other hand, is an issue that can not be Ignored in the field of criminology and criminal law. Based on the studies and findings of the article, it is impossible to explain and analyze government crime through current and modern criminological theories and approaches, but to show and explain the relationship between crime equation and normative power and then how to hide governments and denial. It is not possible for them to become super-criminals except through a critical attitude and beyond the dominance of current criminology and the foundation government. Therefore, the present article, based on critical theory and postmodern approach - as one of the contemporary critical approaches - to explain and analyze state crime in the field of criminology and criminal law and identify it as a crime and severe harm. Manuscript profile -
Open Access Article
197 - Obtaining a criminal reason by relying on illegitimate actions
smaiil ghamari اکبر وروایی masood ghasemiAccording to the Code of Criminal Procedure and the principles of the Constitution, resorting to illegitimate and illegal actions in obtaining criminal evidence is prohibited, and any action taken in this regard without relying on the relevant laws is not audible due to MoreAccording to the Code of Criminal Procedure and the principles of the Constitution, resorting to illegitimate and illegal actions in obtaining criminal evidence is prohibited, and any action taken in this regard without relying on the relevant laws is not audible due to lack of evidence. It is possible for a person to take local and illegal measures to trap people in committing a crime. In fact, he encourages, incites, entices, etc. in accordance with Article 126 AH. M.A. should be prosecuted as a deputy of the crime. The whole process of criminal proceedings from the beginning to the end should be done according to the explicit text of the law and the law of the final chapter of any lawsuit There is no doubt that honorable judges who rely on their conscience will never generalize the reasons obtained through illegitimacy by resorting to unusual and illegal methods in the study of criminal reason. Give. The purpose of this article is to determine the practical and efficient criteria in ensuring a "fair trial" in the field of criminal procedure and the guidance and guidance of the legislator in preparing and compiling the reason for proof in criminal matters as the most important chapter of the criminal procedure chapters. Manuscript profile -
Open Access Article
198 - The rights of Detained persons from the perspective of the Iranian Code of Criminal Procedure and the rules of the International Criminal Court
Abbas TadayoonField and Aims: The accused should not be considered a criminal at any stage of the trial, and this requires observing the principle of prohibition of unlawful detention of persons and guaranteeing the rights of detainees during the trial and treating them appropriately MoreField and Aims: The accused should not be considered a criminal at any stage of the trial, and this requires observing the principle of prohibition of unlawful detention of persons and guaranteeing the rights of detainees during the trial and treating them appropriately and with dignity during the trial and detention. The principle is based on freedom, and the arrest of individuals is an exception to this principle. Hence, this exception conflicts with the principle of immunity of citizens from arbitrary arrest or detention, which is rooted in the principle of innocence, and this requires that the legal criteria for the arrest and detention of individuals be precisely defined.Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: In addition to the rights of the interrogation and preliminary investigation, in particular the right to be informed of the charges and the rights of the accused, detainees have the right to be immediately examined by a competent judicial authority to verify the lawfulness of the detention and enjoy other legal rights. And also to protest their legal detention from the beginning of their arrest until their release. Of course, it must be possible to compensate these detainees if their detention is illegal. This is the minimum legal rights of detainees as enshrined in the Code of Criminal Procedure and the Rules and Procedures of Case Courts and the International Criminal Court. Manuscript profile -
Open Access Article
199 - The Necessity to expand the jurisdiction of the International Criminal Court over drug offenses: Examining the 1988 Convention and its effects on Iran's security policies
Askar JalalianField and Aims: The first international document establishing obligations and obligations for signatory states to criminalize the laundering of illicit proceeds under domestic law is the United Nations Convention against Narcotic Drugs, adopted on December 19, 1988, kno MoreField and Aims: The first international document establishing obligations and obligations for signatory states to criminalize the laundering of illicit proceeds under domestic law is the United Nations Convention against Narcotic Drugs, adopted on December 19, 1988, known as the Vienna Convention. The purpose of this study is to investigate the possibility of developing the jurisdiction of the International Criminal Court based on the said convention. This development will affect the policies of countries involved in drugs. The main question of the research is considering the articles and provisions of the Vienna Convention against Narcotics and Psychedelics 1988, how is it possible to develop the jurisdiction of the International Criminal Court to investigate drug crimes? And what impact the development of the competence in question will have on Iran's counter-narcotics policies. Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: The findings show that the 1988 Convention on Territorial and Flag Jurisdiction addresses the issue of dealing with narcotics crimes and that it is possible to extend the jurisdiction of the International Criminal Court to narcotics crimes. If the development is identified, Iran's security plans to combat drug trafficking will change. Manuscript profile -
Open Access Article
200 - The necessary for a coordinated international police criminal policy in the confronting against cybercrime
Ebrahim Rajabi Taj AmirField and Aims: In the present era, one of the new challenges for the police is to deal with cybercrime. Given the vastness and networking of cyberspace, it must be acknowledged that tackling cybercrime will be due to the extent of the damage and the large number of vic MoreField and Aims: In the present era, one of the new challenges for the police is to deal with cybercrime. Given the vastness and networking of cyberspace, it must be acknowledged that tackling cybercrime will be due to the extent of the damage and the large number of victims, cross-border and the difficulty of detecting and prosecuting the perpetrator, and many other police-only characteristics. Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: The criminal policy governing cybercrime in Iran relies more on government response with a focus on national security. The lack of police dynamism, the lack of international cooperation and the lack of a homogeneous police criminal policy structure at the global level have challenged the criminal policy of the Iranian police in the fight against cybercrime. Therefore, in order to achieve the desired result and facilitate international police cooperation in order to reduce the challenges ahead, as well as to build capacity in the fight against cybercrime, an effective coordinated international criminal police policy through international police cooperation mechanisms against cybercrime is necessary. And specializing in cybercrime units, providing equipment and facilities for advanced cybercrime hardware and software, adopting international frameworks for police cooperation in cybercrime, and establishing a coherent international police policy in the face of cybercrime. Manuscript profile -
Open Access Article
201 - Civil and criminal liability of the physician towards the patient in Iranian and French law
seyede lona mohamadi pariya karamzadehBackground and Aim: Physicians' liability for medical malpractice is one of the oldest issues in medical law, which is accepted as a principle, the patient has the right to seek redress from a physician under a contract or crime. Over the years, the French legal system MoreBackground and Aim: Physicians' liability for medical malpractice is one of the oldest issues in medical law, which is accepted as a principle, the patient has the right to seek redress from a physician under a contract or crime. Over the years, the French legal system has regarded the relationship between the patient and the physician as a contractual relationship under which the physician will be liable in the event of a fault on his part.Methodology: The present research has been done by descriptive-analytical method through library studies and in the form of taking notes.Findings: Although the Iranian legislator, following the famous saying of the jurists, considered the doctor's commitment as a commitment to the result, this is contrary to the goal of medical science and patient treatment and justice, and the doctor should have a fault-based responsibility to avoid any fear. , Make every effort to treat the patient. Accordingly, the new Islamic Penal Code, like the French regulations, considered the doctor's liability to be based on fault.Conclusion: By comparing the physician's responsibility in the Iranian and French legal systems and what we found from the research findings, the French law provisions addressed the issue of treatment and the patient-physician relationship much more broadly, while only blaming the physician. , The officials know that they tried in various ways to support the patient by establishing an insurance system and prompt treatment outside the framework of the judicial system. Manuscript profile -
Open Access Article
202 - Criminal protection of fixed oil platforms located in the continental shelf area
amir shakery محمدرضا sh hasan poorbafraniField and Aims: The location of fixed oil facilities located in the continental shelf area outside the territorial jurisdiction of the coastal state creates limitations in the field of criminal protection for them. In this article, by using international documents and r MoreField and Aims: The location of fixed oil facilities located in the continental shelf area outside the territorial jurisdiction of the coastal state creates limitations in the field of criminal protection for them. In this article, by using international documents and rules related to the cross-border implementation of criminal laws, the capacities of domestic laws in the field of criminal protection of these facilities have been examined. Based on this, we are going to investigate what criminal protection has been done in the regulations of the fixed oil platforms located in the continental shelf area?Method: The present research was carried out using a descriptive-analytical method.Finding and Conclusion: Although the international custom has established the necessary mechanisms to apply criminal jurisdiction over these facilities in the form of the so-called Protocol to Combat Illegal Acts against the Safety of Fixed Oil Platforms in the Continental Shelf Region, an addendum to the Convention against Illegal Acts against Maritime Safety approved by Rome in 1988, but despite our country's accession to this protocol and its emphasis on criminal countermeasures against the act contained in the protocol by the member countries, no action has been taken regarding the criminalization of these acts in our criminal law and the possibility of using Its capacity in criminal protection has been taken away from this facility. Also, due to the lack of provision for these facilities in the cases of the actual jurisdiction of applying the Islamic Penal Code and the absence of any other specific law in this field, currently our criminal law in the field of protecting these facilities is facing a legal gap and only by resorting to legal generality. You can support them. Manuscript profile -
Open Access Article
203 - Iran's international judicial policy regarding the assassination of personalities with a look at the assassination of Lieutenant Sepahbod Qassem Soleimani
mohamad salehi Shahrdad darabi alireza saiedField and Aims: So far, many actions have been taken against Iranian officials and scientists with the aim of assassinating them and martyring them. Based on this, the American government martyred Sepahbod Qassem Soleimani near the Baghdad airport during an operation in MoreField and Aims: So far, many actions have been taken against Iranian officials and scientists with the aim of assassinating them and martyring them. Based on this, the American government martyred Sepahbod Qassem Soleimani near the Baghdad airport during an operation in 2020. This action was carried out by the order of the President of the United States, Donald Trump, in the form of a drone attack on the territory of Iraq, which violated many international regulations.On the other hand, the Iranian government took measures to counter it, which are part of these measures in the form of legal and judicial measures, which were examined in this research to finally clarify Iran's judicial policy in this field.Finding and Conclusion: Regarding the false claim of the United States that there is a security agreement with Iraq, it should be acknowledged that with reference to Article (3) of this agreement, it is clear that the authorization of terrorist acts or any military operations by the United States on the territory of Iraq, which is in clear contradiction In compliance with the laws, international customs, conventions of the Iraqi government and the spirit that governs it, it is invalid and free from any legal burden. The actions of the Iranian government in the form of judicial measures are divided into two categories: prosecution in international courts (International Court of Justice and International Criminal Court) as well as lawsuits in the domestic courts of the Iraqi government and the domestic courts of Manuscript profile -
Open Access Article
204 - The concept and nature of genocide: A look at the legal aspects of the genocide of Rohingya Muslims
Mohammad Taghi Gohernia Ismail Rahiminejad Reza FaniField and Aims: Although genocide was not an independent crime in the past and was subject to crimes against humanity, the severity and heinous nature of the acts, as well as the special malice that is unique to this crime, quickly recognized it as an independent crime MoreField and Aims: Although genocide was not an independent crime in the past and was subject to crimes against humanity, the severity and heinous nature of the acts, as well as the special malice that is unique to this crime, quickly recognized it as an independent crime in international documents. This crime has been committed against various groups throughout history, the most recent of which is the Rohingya Muslim. Therefore, while examining the concept and nature of this crime, we study what are the legal dimensions of the genocide of Rohingya Muslims? Method: This is a qualitative and applied research in terms of purpose and in terms of collecting information by documentary method and studying international documents, sources related to the subject and the obtained information has been analyzed descriptively-analytically. Findings and conclusion: Although genocide is prohibited and criminalized in international instruments, including the Treaty on the Elimination of All Forms of Discrimination against Women and the Rome Statute, it is one of the crimes that is now a customary international law that obliges all non-member states to commit such acts. Numerous crimes have been committed against Rohingya Muslims so far, and the government has played an important role in committing and intensifying these crimes, in accordance with the examples of genocide in international instruments such as murder, grievous bodily harm, and deliberate deprivation of life. And measures to prevent childbirth, genocide are being committed in Myanmar. Manuscript profile -
Open Access Article
205 - A comparative study of repressive measures against economic competition in Iranian and European Union criminal law
Rana Nadali Jaloukhani Mohsen Shekarchizade Faramarz AtrianIt reveals the need to reactive appropriate legal measures, the violation of competition law and committing the criminal phenomenon of disturbing economic competition. Guiding the process of verdict and implementing of these measures, requires the establishment of legal MoreIt reveals the need to reactive appropriate legal measures, the violation of competition law and committing the criminal phenomenon of disturbing economic competition. Guiding the process of verdict and implementing of these measures, requires the establishment of legal institutions, that in the European Union, it has been subjected to a system of multiplicity of complaints and follows the principle of unity in Iranian competition law. the application of criminal repression, as the last solution in the chain of legal measures, is exclusively within the jurisdiction of the competent national courts in both systems of criminal policy, despite this difference, its role in Iran's legislative criminal policy has been more prominent than the European Union and has created challenges. However, it has not been ignored the attention of both criminal policy systems to the necessity of a Variety of reactionary measures to the alleged criminal phenomenon and it has caused anticipate mechanisms based on non-criminal repression and also restorative measures, however, recent measures are still recent and require further support in both criminal policy systems. Manuscript profile -
Open Access Article
206 - Analysis of the right of a lawyer to appear in the trial stage in Iranian criminal law
mohamad andalib hosein aqaei janat makanBackground and Aim: Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a MoreBackground and Aim: Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and prevent the abuse of citizens' rights. The necessity and importance of the right to defense has led the advanced legal and judicial systems of the world to view it as an important element of a fair and just trial. Therefore, the presence of a defense attorney at the trial stage is one of the most important and basic rights of the accused, and with these characteristics, representation in criminal matters has a special importance and position.Method: The research method in this article is descriptive-analytical. This means that the necessary information has been collected using various sources such as libraries, articles, websites, etc. and has been analyzed using principles, legal and logical rules.Findings and Results: The results of the study indicate that in the Iranian legal system, defendants can use a lawyer during the trial, advice and timely defense, to exercise their rights. The lawyer almost has functions such as influencing the legislative and judicial policy of each country. However, the authors have examined the issue of advocacy in the Iranian criminal proceedings, which is based on a one-tier system of advocacy, namely defense counsel. Manuscript profile -
Open Access Article
207 - Assessing the legislative criminal policy of Iran and the European Union against cybercrime
navid deylami moezi mahdi esmaeili hassan hajitabarBackground and Aim: The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its e MoreBackground and Aim: The development and expansion of computer science and the growing desire to use it, in addition to creating a technological revolution in the world, has also provided favorable conditions and context for the emergence of crime in cyberspace and its expansion has caused various damages in Communities have become. The present study intends to prevent and deal with these crimes and the damages caused by them and how to formulate criminal policies on cybercrime in the context of the legislative criminal policy of Iran and the European Union in order to take the lead of this union in the fight against crime. Cyberspace and the development of an efficient criminal policy system can also benefit from their experiences in eliminating the weaknesses and gaps in the country's criminal policy in dealing with cybercrime.Method: The present study is written by descriptive-analytical method.Findings and Results: The study indicates that the strength and correlation of the range of criminal policies adopted in the European Union, given the history and antiquity of legislation and the fight against cybercrime, is greater and deeper than the Iranian penal system. Iran's legislative criminal policy based on criminal policy and distancing itself from non-criminal preventive measures and not adopting situational and social preventive measures of crime and lack of proper understanding of the law inability to predict emerging crimes in the future and the culture of misuse of space Cyber is one of the main reasons for the inefficiency of Iran's criminal policy. Manuscript profile -
Open Access Article
208 - Challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights
seyed milad javaheri abbs shekholeslami jafar kushaField and Aims: Humanitarian law is a set of international customary rules that govern the behavior of hostile forces in armed conflicts and has somehow replaced the concept of the law of war. Observance of humanitarian rights regardless of color, race, language and rel MoreField and Aims: Humanitarian law is a set of international customary rules that govern the behavior of hostile forces in armed conflicts and has somehow replaced the concept of the law of war. Observance of humanitarian rights regardless of color, race, language and religion, on the one hand, makes this branch of law have the nature of human rights And on the other hand, by concluding various conventions, it will have the nature of international law. The aim of the current research is to investigate the challenges and obstacles of criminalization and punishment of crimes that violate humanitarian rights in the territory of Iran's criminal system.Method: The present research was done with descriptive and analytical method and using library resources.Finding and Conclusion: The findings of the research indicate that in the process of legal unification of domestic and international systems, some challenges in the field of criminalization of crimes that violate humanitarian rights and criminal responses in external and internal dimensions and in legislative axes. , judicial and executive available. The challenges are mainly rooted in political, fundamental, ideological, legal and structural dimensions that sometimes conflict with each other and make the process of integrating international rules into the domestic legal system difficult. Statistics of crimes and compilation of humanitarian criminal laws, compilation of special laws to protect women and children during peace and war and compilation of appropriate and fair criminal responses by using dynamic inference in Shia jurisprudence, together with considering the rule of sanctity and rejection of religion and Also, reforming the judicial structures is one of the basic solutions to overcome the challenges. Manuscript profile -
Open Access Article
209 - Pathology of Iran's criminal policy in economic crimes
mahdi dida salame Abolhasani naqmeh farhoodBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society. Iran will not be an exception. Iran's economic environment, due to suffering from many injuries, compared to the economic systems of MoreBackground and purpose: Economic crimes are one of the most challenging issues in the world due to their impact on all levels of society. Iran will not be an exception. Iran's economic environment, due to suffering from many injuries, compared to the economic systems of other countries, creates a more favorable environment for committing economic crimes, the spread of economic crimes prevents the government from achieving its national goals in the field of economic security, and general crimes make matters worse. risks The goal of the research is the pathology of Iran's criminal policy approach to economic crimes.Method: The present research was carried out using a descriptive and analytical method.Findings and results: lack of providing a definition of economic crime, legislative dispersion in the field of economic crimes, the repressiveness of criminal policy in this field, the lack of practical coherence in the single criminal policy, the predominance of criminal populism and security-oriented criminal policy in dealing with economic crimes. One of the challenges and damages in Iran's current criminal policy is related to economic crimes. Manuscript profile -
Open Access Article
210 - Prosecution to trial in the International Criminal Court and explanation of precursors to justice in the proceedings
ebrahim firoozian haji Karan RouhaniAccording to the researches on the elements and components of precursors of justice in international criminal proceedings, it can be claimed that today the use of these precursors has a high place in the documents and procedures of the International Criminal Court. It i MoreAccording to the researches on the elements and components of precursors of justice in international criminal proceedings, it can be claimed that today the use of these precursors has a high place in the documents and procedures of the International Criminal Court. It is used through various mechanisms at different stages of the proceedings, from the beginning of the investigation to the appeal and execution of the sentence. Restrictions and oversight of the prosecutor's office, the right of the accused to be present at the hearing, the influence of human rights considerations on trials, the observance of the guarantees of a fair trial, the widespread recognition of the right to appeal and many others are just some of the precursors to justice, which are observed within the framework of the International Criminal Court. However, some ambiguities, as well as the dual nature of international criminal proceedings which is rooted in both common law and civil law legal systems, have made it difficult to follow the precursors of justice. However, the establishment of objective elements, as well as a careful and thorough examination of the procedure of the International Criminal Court and Adhoc Triabunals, can provide more objective criteria to ensure a fair trial and ultimately justice. Manuscript profile -
Open Access Article
211 - The Cambodian Court and Integral Criminal Justice; Approaches and Challenges
Jamal BeigiBackground and Aim: The Cambodian court is one of the courts known as mixed or international courts in terms of the participation of national sovereignty and its constituent institutions and organizations and for the purpose of integrating criminal justice influenced by MoreBackground and Aim: The Cambodian court is one of the courts known as mixed or international courts in terms of the participation of national sovereignty and its constituent institutions and organizations and for the purpose of integrating criminal justice influenced by national and international institutions, this article has been interpreted as integrated criminal justice. The purpose of this paper is therefore to identify this court as an integral criminal justice and to explain its approaches and challenges in the international system.Methodology: This research is based on descriptive and analytical method and based on library documents and resources.Findings andConclusion: The extraordinary branches of the Cambodian courts were formed in 2006 to try former Cambodian senior leaders and perpetrators of crimes committed during the democratic Kampuchea era, also known as the Khmer Rouge. During this period, at least 1.7 million people perished because of hunger, torture, execution and forced labor. Thus, crimes against humanity, genocide and blatant violations of the Four Geneva Conventions were among the most significant international crimes that the tribunal faced. The Cambodian Interim Tribunal, despite the agreement between the Cambodian Government and the United Nations, inspired by international documents and observance of legal principles, while pursuing justice, strengthening the rule of law and creating national reconciliation in Cambodia, pursued criminals, but there have also been challenges in integrating criminal justice. Manuscript profile -
Open Access Article
212 - Suspension of Criminal Prosecution of a Foreign Investor by Reliance to the International Centre for Settlement of Investment Disputes (ICSID) Arbitration Tribunal’s Provisional Measures
Javad SalehiField and Aims: Reliance to Provisional Measures in the ICSID Arbitration Tribunal to suspend criminal prosecution is a new issue in international investment law. The host state will prosecute a foreign investor after to start investing disputes in the ICSID Arbitration MoreField and Aims: Reliance to Provisional Measures in the ICSID Arbitration Tribunal to suspend criminal prosecution is a new issue in international investment law. The host state will prosecute a foreign investor after to start investing disputes in the ICSID Arbitration Tribunal to prevent from international arbitration. Therefore, the study of different dimensions of this approach is important and one of the aims and subject of this paper. Method: The research method is descriptive-analytical and critical to answer a question by relying on the ICSID Arbitration Tribunal’s procedure. Research question is what are the effect of the ICSID Arbitration Tribunal’s Provisional Measures in denying the host state’s sovereignty in prosecuting a foreign investor? Findings and Conclusion: Research findings show that the imposition of Provisional Measures, acceptance of the investment agreement, reliance of the parties on the international arbitration mechanism before disputes arising to ignore the host state’s sovereignty in prosecuting foreign investors at the same time as the international arbitration begins, so that fair arbitration will be carried out while maintaining equality of arms Manuscript profile -
Open Access Article
213 - The rights of the person being monitored in the Indian legal system with a look at Iranian law
maziyar khademi amirhamzeh salarzaeiAbstractBackground and purpose: The concept of "under surveillance" and the rights of the individual in this situation are associated with the police. Considering the development of India's criminal justice system in recent years and the extensive and anti-corruption re MoreAbstractBackground and purpose: The concept of "under surveillance" and the rights of the individual in this situation are associated with the police. Considering the development of India's criminal justice system in recent years and the extensive and anti-corruption reforms regarding the functioning of police authorities in promoting and protecting the rights of defendants, by examining the laws and rulings of the courts in both text and procedure, in this article The individual was monitored at the time in order to identify this concept in Iranian law in order to use the experience of India to achieve more protection of the rights of the accused and to improve the Iranian penal system.Method: The present article has been interpreted by descriptive-analytical method and relying on judicial judgment.Findings and Results: The present article seeks to answer the question of how the identification and guarantee of the rights of the supervised person has been in the Indian penal system and what has been the performance of the judicial system of this country? The findings of the study are that the rights of the accused have been properly identified in the criminal and constitutional laws of this country and the judiciary in India relies on rulings based on a broad interpretation of the law and in favor of the accused, gaps caused by vi Manuscript profile -
Open Access Article
214 - The supremacy of the jurisdiction of the International Criminal Court over the jurisdiction of the International Court of Justice in dealing with cyber aggression
Ali reza Mohaghegh harcheghan mohammad Ardebili Ebrahim Beigzadeh Mohammad Ali Mahdavi SabetField and Aims: On July 17, 2018, two decades after the adoption of the Rome Statute of the International Criminal Court activated its jurisdiction over the crime of aggression. This crime was defined in 2010 by the Assembly of States Parties to the Rome Statute (ASP) a MoreField and Aims: On July 17, 2018, two decades after the adoption of the Rome Statute of the International Criminal Court activated its jurisdiction over the crime of aggression. This crime was defined in 2010 by the Assembly of States Parties to the Rome Statute (ASP) as a material element of state conduct. "crime of aggression" in a position to effectively control or direct the political or military actions of a State and is in flagrant violation of the Charter of Nations It is considered united. The purpose of this research is to examine the jurisdiction of the International Criminal Court and the International Court of Justice in dealing with the crime of aggression, with an emphasis on cyber aggression.Method: This research was analyzed in descriptive-analytical . Findings and Conclusion: Cyber aggression means aggression that has been committed by computer-centered networks. In order to attribute cyber attacks to the government, it is necessary to consider the criterion of effective control. What is meant by effective control is that the government in question has exercised authority to form cyber aggression. The International Criminal Court has two jurisdictional regimes regarding the crime of cyber aggression. The first case is initiated by government referrals or due investigations by the prosecutor, and the second case is initiated by the Security Council referrals. another result of the research shows that the jurisdiction of the International Criminal Court in dealing with cyber aggression is superior to the jurisdiction of the International Court of Justice. Manuscript profile -
Open Access Article
215 - Protection of the Victims of Smuggled Health-oriented Goods in Iranian Criminal Policy and International Documents
babak pourghahramani fatemeh ahadi sonia alizadehsamehField and Aims: Health-oriented Goods smuggling is an example of economic crimes, which is categorized in health threatening crimes group, causing humans’ death all over the world. Hence, importation and production of health-oriented goods should be carried out un MoreField and Aims: Health-oriented Goods smuggling is an example of economic crimes, which is categorized in health threatening crimes group, causing humans’ death all over the world. Hence, importation and production of health-oriented goods should be carried out under severe control and supervision. The aim of the present research study is protecting victims of smuggled health-oriented goods in Iranian criminal policy and international documents.Method: the present study was carried out using descriptive-analytical method with library Sources.Finding and Conclusion: Findings of the present research study indicated that Iran’s criminal policy toward the victims of Smuggled Health-oriented Goods is a different approach, which can be seen in the articles 26 and 27 of the Law of Fighting against goods and currency smuggling acted in 2013, and paragraph C of article 7 of Law of fixed Rules of the country’s development acted in 2017. Prediction of atonement and compensation of loss in the article 27, in addition to being a punishment for the banned goods’ smugglers, is a discriminatory criminal victims’ protection. Investigation of the international documents indicated that protecting victims of some of the crimes has a one-dimensional aspect and no clear and complete protection is seen in these documents. Hence, it is expected that proctors of this crime consider special measurements and steps in their national and international rules in line with all-dimensional protection of the victims. Authorities and the officials in charge should protect Smuggled Health-oriented Goods’ victims through consideration and prediction of medical, financial and social supports. Manuscript profile -
Open Access Article
216 - Effectively dealing with international crimes in the light of expansionInternational Criminal Court and Interpol cooperation
Ataallah Salehi Omid Mohammadi NiaField and Aims: The growth of international crimes is an important factor against international security. However, consensus on the seriousness and danger of these crimes has always become an important challenge among governments, and this has made dealing with these cr MoreField and Aims: The growth of international crimes is an important factor against international security. However, consensus on the seriousness and danger of these crimes has always become an important challenge among governments, and this has made dealing with these crimes difficult. In this regard, various international organizations such as the International Criminal Court and Interpol have been established by governments to deal with international crimes, and their relationships and limits of cooperation are the challenge of this research. Method: This article is written in a descriptive-analytical way. Finding and Conclusion: Although there are many international crimes in the international arena and governments face challenges in facing them, not necessarily all of them were considered by the founders in the process of establishing the International Criminal Court. In addition, what challenges the investigation and prosecution of the crimes committed by the International Criminal Court are the jurisdictional limitations of this court, which include subject, time, place, supplementary and personal jurisdiction. Meanwhile, the role of Interpol in dealing with international crimes is expanding. Although the governments have not reached a consensus regarding international crimes, Interpol does not face the limitations of the International Criminal Court in prosecuting many crimes and has the possibility of prosecuting many crimes contrary to the International Criminal Court. Although the scope of activities of Interpol and the International Criminal Court are not the same, they can take important measures in order to deal with international crimes in the same common scope. Manuscript profile -
Open Access Article
217 - Measuring Criminal Rules of Nuclear Law in International Documents
peyman namamian Ebrahim AghamohammadiMeasuring Criminal Rules of Nuclear Law in International DocumentsPenal Code Penalties within the framework of criminal law as a group of rules applied at national, regional or international level to counteract nuclear-related or radioactive energy-related practices or MoreMeasuring Criminal Rules of Nuclear Law in International DocumentsPenal Code Penalties within the framework of criminal law as a group of rules applied at national, regional or international level to counteract nuclear-related or radioactive energy-related practices or governments requiring them to be criminally liable. Can be distinguished from other rules of the same manner based on the extremely dangerous nature inherent in nuclear or radioactive energy. The paper seeks to assess international standards for the criminalization of nuclear rights at the international level, including the Convention on the Physical Protection of Nuclear Material, the International Convention for the Suppression of Terrorism, and the UN Security Council resolutions.The paper seeks to assess international standards for the criminalization of nuclear rights at the international level, including the Convention on the Physical Protection of Nuclear Material, the International Convention for the Suppression of Terrorism, and the UN Security Council resolutions.Key Words: Nuclear Terrorism, International Law, Nuclear Law, Criminal Law, International Covenant of Anti-Terrorism, Security Council Resolutions. Manuscript profile -
Open Access Article
218 - The International Capacities of the Legal Investigation of the Assassination of Nuclear Martyrs
saleh Rerzaei PishrobatThe assassination of Iran's nuclear scientists is one of the most important and bitter events of the country in recent decades. This issue can be examined from different perspectives and the present article examines and evaluates it from a legal perspective and in MoreThe assassination of Iran's nuclear scientists is one of the most important and bitter events of the country in recent decades. This issue can be examined from different perspectives and the present article examines and evaluates it from a legal perspective and in a descriptive-analytical way. The main question to which this article intents to answer is what capacities are there in the international arena for the legal investigation of the assassination of these scientists and to what extent can the Islamic Republic of Iran use them in order to exercise its legitimate rights? The hypothesis and findings of this research indicate that in the current situation, in international law, there are mechanisms for the legal investigation of the assassination of nuclear scientists, which in the present case, the Islamic Republic of Iran can also use them within the prescribed framework, But at the same time, there are some gaps and shortcomings in this field, which may face challenges in the legal pursuit of these assassinations. Manuscript profile -
Open Access Article
219 - Armed attack of Saudi Arabia to Yemen according to International Criminal Law
Mohammad Javad Heidarian Dolatabadi Rasool Mazaheri KoohestaniThe military offensive against the Yemeni-led Arab-led Arab-led coalition and the firefighting of civilian targets are an illicit justification and a clear indication of the violation of Yemen's territorial integrity. The legal right to self-defense for the Yemeni MoreThe military offensive against the Yemeni-led Arab-led Arab-led coalition and the firefighting of civilian targets are an illicit justification and a clear indication of the violation of Yemen's territorial integrity. The legal right to self-defense for the Yemeni people as well as the international responsibility for Saudi Arabia, including the results of this violation, is in the light of international law. The crimes of the Saudis in Yemen are punishable by international criminal law in violation of the principle of separation and non-invasion of civilians and civilian property, the non-use of prohibited weapons and the prevention of the transfer of humanitarian assistance in accordance with humanitarian law, such as acts, Is in violation of the Geneva Conventions and can be considered as a war crime. It can also be seen that with the formation of a coalition and the systematic and systematic attack of Saudi Arabia and the widespread slaughter of the Yemeni people because of their religion, elements of the international crime of genocide can be observed. . Saudi Arabia's unlawful involvement in the attack on Yemen, even if viewed as legitimate in defense of the incumbent president of that country and made it an unconventional armed conflict, is still not justified by the humanitarian violations of the military and civilians. Manuscript profile -
Open Access Article
220 - Sociological analysis of sport function in the re-socialization of criminals (Case study of male prisoners in Sanandaj)
hassan babaee Bahram GhadimiExercise (sport) is a tool to improve the level of well-being and comfort and a way to develop and maintain physical and mental health in society.One of the organizations that can use sports as a tool to heal unhealthy and abnormal people (criminals) who have somehow di MoreExercise (sport) is a tool to improve the level of well-being and comfort and a way to develop and maintain physical and mental health in society.One of the organizations that can use sports as a tool to heal unhealthy and abnormal people (criminals) who have somehow disrupted the order and security of society and are kept in a closed environment called prison, is Prison organization. In this regard, sport in prison can be used as a practical solution in educating and reforming prisoners. First, in the qualitative part of the research, using the grounded theory technique of Strauss and Corbin model, 35 people were interviewed and then, in the quantitative part, a questionnaire was given to 260 male prisoners in Sanandaj town. The validity of the questionnaire was confirmed by experts and its reliability was calculated by Cronbrach’s alpha (70%). It is considered a "theory based" for validity. The findings showed that the phenomenon of the quality of punishment as a social phenomenon is commensurate with the review action of a prisoner who wants to strengthen himself mentally through exercise to return to society, and this study can be a good model with an overview Oriented, systematic, and long-term, the work of sport is to re-socialize criminals and seeks to guide the actions of managers in the long time horizons and wider areas of implementation. Manuscript profile -
Open Access Article
221 - Victims' rights from the perspective of jurisprudence and criminal procedure approved in 1392 and the Statute of the International Criminal Court
Ghasem karbasfrosh Habib AsadyWith the emergence of victim protection and the emergence of supportive victimology in the twentieth century, the forgotten position of the victim in the criminal process was restored and its findings expressed in the form of universal standards for victim protection. V MoreWith the emergence of victim protection and the emergence of supportive victimology in the twentieth century, the forgotten position of the victim in the criminal process was restored and its findings expressed in the form of universal standards for victim protection. Victim support is an indispensable and indisputable factor in criminal proceedings. This support has various manifestations that governments usually try to provide at least. The Iranian legislator also in the Criminal Procedure Code of 2013, defining the word "victim" and addressing rights such as the right to be recognized and to be given the right to be victimized have the right to be informed, have immediate and easy access to the criminal justice system; , The right to confidentiality of investigations, compensation of victims, the right to legal aid and assistance and special representation to the victims, the equality of rights of the accused with the equality of arms, the right to medical and psychological protection, the rights of the victim at the stage. Appeal, in line with ethics, has shifted its course toward the moral rights system. There is much to think and research about since this orbital ethic in the Iranian penal system has not had such a long history.Comparative studies in this article show that the above rights are in line with the rights found in the Statute and Rules of Procedure of the International Criminal Court; therefore, the Code of Criminal Procedure adopted in 2013, despite its theoretical objections and possible drawbacks He has tried to have a uniform and ethical view of the rights of the accused and the victim in relation to the previous rules of our country. To this end, it has made assurances that this realization will be possible in the real world. On the one hand, by providing ... Manuscript profile -
Open Access Article
222 - THE EFFECT OF THE EMERGENCY STATE ON THE LACK OF AN APPEAL STAGE IN THE SPECIAL COURTS OF ECONOMIC CRIMES
Sohrab Neshastehriz Mahmoud Malmir Masoud HeidaryFields and Aims: The process of differentiation of criminal procedure in the field of Economic criminality is due to factors such as globalization of criminal law, inability of the criminal justice system and inefficiency of traditional principles of criminal procedure MoreFields and Aims: The process of differentiation of criminal procedure in the field of Economic criminality is due to factors such as globalization of criminal law, inability of the criminal justice system and inefficiency of traditional principles of criminal procedure in responding successfully to it. In this process some of criteria such as specialization,rapidity and severity of the criminal response are followed. Approval of executive by-law on how to deal with major crimes disrupting the countries economic system which was approved on 29/09/2020 during the Economic War of post (JCPA) is one of the examples of this process, which according to Article 19 the majority of the rulings of courts subject to this article are final and despite severity of charges and convictions they lack appeal stage and sole purpose is to ensure execution of the sentence. This issue is not compatible with the recognition of the right to appeal as one of the principles of governing a fair trial.Methodology: the present Article has been done by descriptively-analytically method.Findings Conclusion: we have come to the conclusion that this issue is in the line with the criteria for describing the State of Emergency in some international documents and seems to be justifiable. Also, in the opinion of the authors it seems to be essential the recognition of the right to appeal against all rulings issued by-law in the courts subject to this regulation which is similar to that provided for in the Code of Criminal Procedure (2013) for Wartime Military Courts. Manuscript profile -
Open Access Article
223 - Criteria for fulfilling the ablution and its desecration in the five religions and criminal law of Iran
Soheila Baybordi Mahmoud Qayyumzadeh Abbas Ali HeydariOne of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for MoreOne of the conditions of theft subject to hadd is that the stolen property is in the amulet. An amulet is a suitable place where the property of mystics is protected from theft. Therefore, the amulet of property changes according to time and place, and the criterion for distinguishing it is custom. Blasphemy and expulsion of property from amulets are other conditions of theft to the extent that blasphemy, in addition to material blasphemy, includes spiritual blasphemy. Criteria of custom as well as the ability to maintain property in the realization of amulets are discussed. Blasphemy is also carried out according to customary criteria. The emergence of the virtual world is also effective in redefining the amulet and its desecration. The five religions mainly agree on the criteria for performing the ablution and its desecration. In Iranian criminal law, however, the criterion of custom is accepted. This study has found that in general, the criteria for performing the amulet and its desecration are the same in Islamic jurisprudence and Iranian criminal law and is based on customaryness, although in Islamic jurisprudence there are many differences in determining the instances of the amulet. Manuscript profile -
Open Access Article
224 - Challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments
Nizamuddin Payami Vahid Zarei Sharif Amir Reza Mahmoudi Atefeh LorkojuriThe aim of this study was to investigate the challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments in Iran as a library study with a descriptive-analytical method. Community-based punishments are punish MoreThe aim of this study was to investigate the challenges of localization of criminal enforcement guarantees in Iranian law with emphasis on community-based punishments in Iran as a library study with a descriptive-analytical method. Community-based punishments are punishments that are applied and executed in line with participatory criminal policy in the context of society, not in government institutions and institutions such as prisons and similar institutions. With the increase in the criminal population of prisons and the inefficiency of imprisonment, many efforts have been made in the form of various policies, which can be considered the emergence of community-based punishments as the most obvious of these efforts, which was approved by the Islamic Penal Code on 1/2/2013. Findings. The findings of the study show that community-based punishments face challenges in practice. These challenges are: ; Conflict of the obligation to obtain the consent of the convict and trial in absentia as provided in Article 406 of the Code of Criminal Procedure with Articles 65, 66 and 68 of the Islamic Penal Code; The possibility of issuing two types of public service punishments, the note of Article 64 and Note 3 of Article 84 of the Islamic Penal Code are in conflict with paragraph "d" of Article 23 of the Islamic Penal Code and the specification of Note 2 of this article. Lack of proper structure for coordination between the judiciary and the receiving institutions; And legislative challenges following sentencing 2. Cultural barriers, including: traditionalist judges; The punitive attitudes of the masses; Cultural delay; Lack of adequate manpower. 3. Political barriers that include: ideology and political culture and strictly unscientific criminal policy. Overall Conclusion: Research findings show that the implementation of community-based punishments faces three legal, cultural and political challenges. are Manuscript profile -
Open Access Article
225 - Comparative study of the criminal liability of children and adolescents in the Islamic Penal Code approved in 1995 and 2011
Alireza Mohammadbeyki Habib Asady Navid AlhoeiBy examining the laws related to children and adolescents, it can be seen that regarding the age of criminal responsibility of children and adolescents as well as the procedure for the crimes of this category of people, the criminal laws of Iran have undergone changes a MoreBy examining the laws related to children and adolescents, it can be seen that regarding the age of criminal responsibility of children and adolescents as well as the procedure for the crimes of this category of people, the criminal laws of Iran have undergone changes and many regulations have been approved in this field. In Iran, according to Article 147 Approved in 1392 and the note of Article 1210 BC. The age of criminal responsibility is 9 full lunar years for girls and 15 full lunar years for boys. In the analysis of the old and new laws, we will see that unlike the old laws, the new law includes 3 types of age for children and adolescents: 1- Age of no criminal responsibility (minors): people under this age have no responsibility and in case of committing a crime They have no criminal liability. (Article 146 Q.M.A. approved 1392) The reduced age of criminal responsibility is that children between 9 and 15 years old are not punished but are subject to protective and educational measures and are divided into two categories. Children 9 to 12 years old (non-juvenile minors) Children 12 to 15 years old (juvenile minors) are the criminal age of majority, based on which if people under this age commit a crime, according to the laws and regulations related to juvenile proceedings Their crimes are dealt with, as the legal age of majority in Iran is 18 years. People who commit a crime between the ages of 15 and 18 are kept in a correctional center. In the Islamic Penal Code approved in 2012, there is no criminal responsibility for minors, and for people who have recently reached the age of puberty, the criminal responsibility is equal to Adult people have been accepted. The present study Manuscript profile -
Open Access Article
226 - The role of informal actors in responding to unintentional crimes causes diyat
mostafa Kafi mohsen shekarchizadeh Ahmadreza tavakoliAbstract:. The broad definition of criminal policy emphasizes the role of public institutions in partnering with formal institutions in combating the criminal phenomenon, and therefore participatory criminal policy means the broad participation of public institutions al MoreAbstract:. The broad definition of criminal policy emphasizes the role of public institutions in partnering with formal institutions in combating the criminal phenomenon, and therefore participatory criminal policy means the broad participation of public institutions alongside formal and governmental institutions in response to crime. Diyat in unintentional crimes is more than a criminal form, it is a legal framework for compensating and compensating the victim, therefore, due to the existence of significant capacities such as labor dispute resolution authorities, primary and renewal boards. According to the medical system, the bodily injury insurance fund, dispute resolution councils, mediating authorities, etc., it is possible to handle cases related to blood money in unintentional crimes, such as work-related accidents, sports accidents, medical accidents and accidents. Driving is crystallized with the participation of informal and non-governmental institutions and, according to criminal policy scholars, public institutions and not only by the court as a formal government institution, which in addition to reducing the entry of cases to the judiciary, avoids From labeling, reducing trial delays, de-judicialization, using the capacities of civil institutions in resolving disputes, tending to a restorative approach in dealing with crimes and protecting the rights of both parties to the lawsuit, and dealing appropriately and distinctly with other perpetrators of intentional crimes in court. Manuscript profile -
Open Access Article
227 - Critique of the phenomenon of criminal populism with emphasis on the approach of the Iranian criminal justice system
hamid ghorbanpur Seyf mohammad mehdi sadati Ali JamadiIn populist thought, emphasizing the thoughts of individuals in society as the basis of public policy is doubly important. The centrality of public opinion and political intervention in criminal policy has led to a populist approach. In other words, populist criminal po MoreIn populist thought, emphasizing the thoughts of individuals in society as the basis of public policy is doubly important. The centrality of public opinion and political intervention in criminal policy has led to a populist approach. In other words, populist criminal policy seeks to combat crime by engaging public opinion. In the Iranian penal system, in recent years, under the influence of the prevailing atmosphere in society, populist policies have emerged. In fact, the idea of criminal populism emphasizes the model of crime control through hostility to the perpetrator. This type of criminal policy deviates from the principled and scientific process of criminological teachings and makes it subject to political considerations, in a way that damages the structural implications of criminal law and the moral rights of criminal law subjects. In this article, we will examine the issue in a descriptive-analytical manner and answer the question: What factors cause populism and what are the characteristics of this phenomenon? In the following, we will examine the reflection of populist laws and make suggestions in this regard. Manuscript profile -
Open Access Article
228 - Jurisprudential principles of criminal mediation in the field of ta'zir crimes with emphasis on restorative justice
seyedeh samaneh Hoseeyni mohammad Golverdi majid shaygan fardOne of the prominent manifestations of restorative justice is mediation, peace and compromise, which is referred to in the Holy Qur'an as the reform of the essence. The reform of the essence is one of the programs emphasized by Islam in cases of conflict. Which is done MoreOne of the prominent manifestations of restorative justice is mediation, peace and compromise, which is referred to in the Holy Qur'an as the reform of the essence. The reform of the essence is one of the programs emphasized by Islam in cases of conflict. Which is done with the participation of members of the Islamic community (person or third parties who are called mediators) and the active and free participation of the parties to the dispute and seeks to establish peace and reconciliation and friendship between the parties to the dispute through reparation and compensation. This new establishment, with the efforts of jurists and the application of issues related to resolving disputes with the enlightened religion of Islam and jurisprudential texts, as well as a look at the rights of developed countries from the perspective of the judiciary, is gradually included in the legal texts of the country. Also becomes. However, the research findings indicate a significant effect of the use of mediation mechanisms in reducing the volume of cases and also the number of court appeals. Based on this, it can be concluded that mediation based on the Qur'an and Sunnah has a significant role in achieving restorative justice in the criminal proceedings. Manuscript profile -
Open Access Article
229 - Critics on the Compensation Regime for "Unjust Imprisonment and Detention" In Iran's Legislative Criminal Policy
Mahdi Khaghani EsfahaniCompensation for innocent detainees and prisoners is a relatively new legal establishment. Compensation for damages by the government following judicial errors is a development in respect for human rights in the criminal process, which is influenced by developments in c MoreCompensation for innocent detainees and prisoners is a relatively new legal establishment. Compensation for damages by the government following judicial errors is a development in respect for human rights in the criminal process, which is influenced by developments in criminological knowledge, critical criminology, and related sciences. Articles 255 to 258 and 518 of the Iranian Code of Criminal Procedure and Articles 163 and 13 of the Islamic Penal Code provided a legal basis for compensation for innocent convicts. The instances specified in the law are exclusive and it is not possible to expand the scope of compensation for such individuals by developing the subject and comparing it to similar cases; However, the beneficiary and the victim will have the right to claim damages for invoking other jurisprudential principles and rules, such as the no-harm rule and the negation rule. Therefore, the principles of human rights and jurisprudential rules are one of the most important principles of compensation for innocent defendants and convicts.This article, after criticizing the legal provisions related to compensation for unjust detention from the perspective of Iran's legislative criminal policy in the light of jurisprudential principles and international documents, explains that the national and provincial commissions for judicial compensation, despite alignment with the idea Islamic Guarantee and Restorative Justice, Due to the Continuity of Punishment Overcoming the Judicial Sub-Discourse - Despite the Main Rehabilitative and Restorative Discourse - and Due to Legal and Structural Defects, They Have Not Been Transformed the Doctrine of Compensation into Improper Detention by the Judiciary Formation. In the end, it is suggested that the application and ambiguity of paragraph "c" of Article 256 of the Code of Criminal Procedure be restricted so that it does not become a platform for escaping from compensation. Manuscript profile -
Open Access Article
230 - Executive Mechanisms and Challenges of Restorative Justice in the Criminal Procedure Code adopted in 2013
Abdul Karim SabzevariRestorative justice seeks to repair the relationship between the offender and the victim with the efforts of the local community, and in our country there is a special and high capacity to implement restorative justice programs. But sometimes restorative justice mechani MoreRestorative justice seeks to repair the relationship between the offender and the victim with the efforts of the local community, and in our country there is a special and high capacity to implement restorative justice programs. But sometimes restorative justice mechanisms face challenges that conflict with the context of criminal litigation because the law somehow protects the victim, and restorative justice seeks to upset this balance and favor the victim in a distinct way. The offender becomes a tool. This also provides a challenge in the implementation process. In addition, in the implementation stages of restorative justice, to implement the teachings of restorative justice, we must form organizations and institutions to implement various methods of restorative justice, which in addition to having guarantees to have adequate budget for compensation, and this makes restorative justice Run at a broader and more desirable level. But if it is on paper, we can not expect more in the implementation process. Restorative justice in the Code of Criminal Procedure approved in 1392 in Articles 82, 83, 84 and 192 has been considered by the legislator. Restorative justice is mediated. Manuscript profile -
Open Access Article
231 - A reflection on the basis of jurisdictional deviation in Iran's criminal procedure regulations with a look at French regulations
Abbas ali ghorbaniyan Ali mazidi Seeyad Mehdi MansouriOne of the important manifestations of protecting individual rights is the right to a fair trial. Complying with the rules of competence is known as one of the mandatory rules among the principles of fair proceedings, the violation of which has been exceptionally recogn MoreOne of the important manifestations of protecting individual rights is the right to a fair trial. Complying with the rules of competence is known as one of the mandatory rules among the principles of fair proceedings, the violation of which has been exceptionally recognized in the criminal procedure law of Iran and France in the form of deviation from inherent and local jurisdiction. The main question in this article is what is the basis of disqualification? In this article, with a descriptive-analytical method, we have investigated cases of deviation from jurisdiction in the criminal procedure law of Iran and France, and we have come to the conclusion that the two important viewpoints of individual rights and public security can be used as the foundations of deviation. He mentioned the qualification. Sometimes the government ignores the rules of jurisdiction in order to protect the rights of the accused in order to have a fair trial, and sometimes the government overrides the rules of jurisdiction for order and public security. The latter case is one of the cases that, due to its unclear scope, can cause the violation of the rights of the defendants. Manuscript profile -
Open Access Article
232 - Manifestations of populist criminal policies in different stages of economic crime proceedings
Morteza Rezaei Mahmoud Qayyumzadeh Hossein Khosravi Amir MolamohammadaliThe influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies b MoreThe influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies by channels and non-scientific centers has caused, contrary to the initial perception of policy makers, the desired results have not been achieved. In recent years, after the economic crisis and the fall in the value of the rial, profiteers have mainly entered the foreign exchange, coin and car markets by using rents and have disrupted these markets and as a result, the economic situation has become more critical. The importance of the currency and coin market is that any fluctuations and inflation in the currency and coin market cause unbridled inflation in other markets, including the housing market, the car market and the market of basic and non-essential goods. As a result, it can be said that stability in the currency and coin market is directly related to economic stability at a level and to the social, economic and political security of the country at a larger level. It is obvious that controlling the currency and coin market, especially in times of economic crisis (such as what happened after the imposition of sanctions on the Iranian economy), is very important, but it remains to be seen whether Iran's criminal policy approach is effective in this regard. Has been or not. Among the manifestations of populism in dealing with economic crimes can be such things as: adopting immediate and short-term criminal policies and programs and propaganda, focusing on strict criminal responses, emphasizing theatrical aspects. In the trial and execution of the sentence, he pointed to the defamation of the convicts by disclosing their identities, the creation of untimely organizational structures, Manuscript profile -
Open Access Article
233 - Feasibility of pursuing the assassination of Sardar Soleimani in the International Criminal Court and the International Court of Justice and Domestic Law
Fatemeh Aghamiri zahra Fehreste Ebrahim YaghoutiThe Military Action Of The United States Of America In Martyring The High-Ranking Military Officials Of The Country Of Iran, Qassem Soleimani, On January 3, 2020, The Issue That Was Raised Among Iranian And International Lawyers From The beginning Was The Legal Response MoreThe Military Action Of The United States Of America In Martyring The High-Ranking Military Officials Of The Country Of Iran, Qassem Soleimani, On January 3, 2020, The Issue That Was Raised Among Iranian And International Lawyers From The beginning Was The Legal Response Of Islamic Republic Of Iran Government To This Incident. Contrary To What It Claims, The American Military Action In This Incident Does Not Comply With Preventive Or Preemptive Elements And The Conditions Of Legitimate Defense And Is An International Violation. The Feasibility Of Judicial Pursuit Of Criminal Liability And Civil Liability Resulting From This Illegal Act In The International Criminal Court And The International Court Of Justice Is The Subject Of This Article. Despite The Non-Membership Of Iran And The United States In The Statute Of The International Criminal Court, Iran Can, By Persuading The Iraqi Government To Accept The Court's Case Jurisdiction, Provide The Possibility Of Exercising The Court's Jurisdiction Over This Case, But Even In This Case, The Case Of The Assassination Of Lt. Gen. Soleimani Cannot Be Pursued Within The Framework Of One Of The Four Crimes Under The Court's Jurisdiction. The Most Effective Legal Mechanism Is Pursuing The Civil Responsibility Of The American Government For This Criminal Act According To The "Convention On The Prevention And Punishment Of Crimes Against Internationally Protected Persons, Including Political Missionaries" (1973), Which The Governments Of Iran And The United States Are Members Of. And Also Preventing The Establishment Of A Mixed International Court, Especially Through The Conclusion Of An Agreement Or The General Assembly Of The United Nations Or The Organization Of Islamic Cooperation. This Convention Prohibits The Commission Of Certain Crimes, Including Murder, Against Persons Under International Protection. It Has Predicted A Dispute Resolution Mechanism That Will Eventually End Up In The International Court Of Justice. Manuscript profile -
Open Access Article
234 - Investigation & Evaluation of the Impact of Utilitarianism in Murder on the Quality and Amount of Punishment for the Perpetrator
mohamad javanbakht zahra tajarei moazzeneiHomicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an MoreHomicide, as a general word, is attributed to all illegal killings, including murder and manslaughter, sometimes leading to benefits for the perpetrator. All murders are not intentional; some are unintentional and legal, such as murdering due to legitimate defense or an attack by a crazy person, which are considered justified despite being intentional. It is to be noted that intentional murder is taking the life of another person life with malice. Regarding this crime, the primary victimized person, who loses life as the significant life capital, sometimes creates the grounds for committing the crime. As a result, they are the ones who motivate the murderer. Therefore, creating a favorable situation and conditions for committing a crime by the victim, which creates a dangerous situation for the murderer, and the one who inevitably commits the crime, makes the murder beneficial for the perpetrator. The present study aimed to elaborate the approach of Imamiyah jurisprudence and, accordingly, the criminal law related to the perpetrators of murder based on benefit. The results derived by descriptive-analytical study of related jurisprudence and legal sources indicate that the newly emerging criminological subject has been the focus of thinkers in Imamiyah jurisprudence and criminal law. Perpetrators of such criminal behavior are not considered blameworthy, and a permissive and sometimes reductionist approach is taken toward them. Moreover, this is what has been taken in the subject of criminal law. Manuscript profile -
Open Access Article
235 - Restorative strategies for the disruptive acts of obtaining bank credits, focusing on the criminal policy of Iran and the European Union
Omid Ebrahimi Hasan Poorbafrani Mohsen Shekarchizadehthe role of bank credit in giving liquidity into the economy, necessitates need for legal protection of credit and the adoption of remedial measures against its disruption. the analytical and comparative study of "arbitration in banking lawsuits", "bank l Morethe role of bank credit in giving liquidity into the economy, necessitates need for legal protection of credit and the adoption of remedial measures against its disruption. the analytical and comparative study of "arbitration in banking lawsuits", "bank liability" and "mechanisms related to the bankruptcy of creditors" as the most important remedial measures against the disruption of bank lending in the criminal policy of Iran and the European Union, shows that in comparison with the stipulation of arbitration in (CFR), article 139 of the iranian constitution, has faced a challenge reference claims related to obtaining loans from state-owned banks to arbitration. Regarding the bank's civil liability, both legal systems have tended to the theory of "fault-free liability". Regarding the bankruptcy of the creditor, the wide applicability of the EU regulations on bankruptcy and the special rules of credit institutions and the granting of privileges to creditors with collateral in the Iranian legal system indicate the importance of the rights of creditors in both legal systems. Manuscript profile -
Open Access Article
236 - A comparative study of maximum criminalization in Iran and America
Alireza Arabiyan Sajad AkhtariCriminalization in the legal systems of Iran and the United States has taken an extreme or maximal form, and therefore the author in this article tries to investigate the various aspects of the maximization of criminal legislation in the legal systems of Iran and the Un MoreCriminalization in the legal systems of Iran and the United States has taken an extreme or maximal form, and therefore the author in this article tries to investigate the various aspects of the maximization of criminal legislation in the legal systems of Iran and the United States. In today's era, many countries have faced the phenomenon of maximum criminalization. The damages caused by this problem in various dimensions have affected not only third world and developing countries, but also a country like America. Expressing the fact that this issue means criminalization. Today, maximumism has become one of the most important challenges of many countries, including Iran and the United States, and has forced many to analyze and research the issue. The study of the effect of this phenomenon has been the subject of many researches. This research is also from the angle of His vision has looked at the subject. The research method is descriptive and analytical. Manuscript profile -
Open Access Article
237 - Favorable criminal policy against the criminal risks of virtual currencies
Mohammad Ghaemi Salameh Abolhasani Naghmeh FarhoodThe purpose of this research is to investigate the optimal criminal policy against the criminal risks of virtual currencies. The regulation regarding the criminal risks of virtual currencies in Iran also has significant differences with many other countries, policy make MoreThe purpose of this research is to investigate the optimal criminal policy against the criminal risks of virtual currencies. The regulation regarding the criminal risks of virtual currencies in Iran also has significant differences with many other countries, policy makers and regulators in Iran took another way. This approach started by banning the use and exchange of virtual currencies with the argument of money laundering usability, which promised more attention to virtual currencies from the point of view of money laundering regulations. The field of virtual currencies in the country dated 11/8/2017 was added, indicating the marginalization of the approach related to money laundering to virtual currencies and the strengthening of the approach that is trying to consider common currencies such as dollars and euros as virtual currencies. included the laws related to currency, including the Law on Combating Smuggling of Goods and Currency 1392 with subsequent amendments and additions. The field of virtual currencies in the country dated 11/8/2017 was added, indicating the marginalization of the approach related to money laundering to virtual currencies and the strengthening of the approach that is trying to consider common currencies such as dollars and euros as virtual currencies. included the laws related to currency, including the Law on Combating Smuggling of Goods and Currency 1392 with subsequent amendments and additions. Manuscript profile -
Open Access Article
238 - Analyzing the dimensions and components of criminal responsibility of legal entities in Iranian criminal law with an approach to Imami jurisprudence
Amirjavad Laminezhad Eisa Baninaeimeh amir alboaliCriminal liability of legal entities is one of the most important and controversial issues in criminal law. In different legal systems, there are different approaches to this issue. In some systems, legal entities are not held criminally responsible, while in others, le MoreCriminal liability of legal entities is one of the most important and controversial issues in criminal law. In different legal systems, there are different approaches to this issue. In some systems, legal entities are not held criminally responsible, while in others, legal entities can be held responsible for criminal acts along with natural persons. In Iranian law, the criminal liability of legal entities is recognized in the Islamic Penal Code approved in 1392. However, this law has not specified the terms and conditions of criminal liability of legal entities in detail. Hence, there are many differences of opinion in this field. In this article, with a descriptive and analytical method, the criminal liability of legal entities in Iran's criminal law has been examined. In this review, the concept and nature of criminal liability of legal entities has been discussed first. Then, the criminal responsibility of legal entities in Iran's criminal law has been comparatively investigated. Finally, according to the results of this study, the strengths and weaknesses of the criminal liability of legal entities in this legal system have been discussed. Then, the criminal responsibility of legal entities in Iran's criminal law has been comparatively investigated. Finally, according to the results of this study, the strengths and weaknesses of the criminal liability of legal entities in this legal system have been discussed. Manuscript profile -
Open Access Article
239 - Strategies for empowering judicial criminal policy in the crime of aggressive possession
Ahmad Rezaeipanah Eisa Baninaeimeh amir alboaliAggressive possession is supported by the legislator not only as a legal case but also as a crime, and this indicates its importance and its place in maintaining public order. Article 690 of the Islamic Penal Code of Punishment is the only criminal provision in the legi MoreAggressive possession is supported by the legislator not only as a legal case but also as a crime, and this indicates its importance and its place in maintaining public order. Article 690 of the Islamic Penal Code of Punishment is the only criminal provision in the legislative process of this offense, which has many defects in its content, which has faced problems in dealing with this crime, which requires the use of a single criminal policy as a part of policy making. The public of the country can respond appropriately to similar criminal phenomena, and in the meantime, judicial criminal policy as a manifestation of the measures and policies that the judiciary - especially the judges - apply in line with the implementation of the law and in the course of it more than other types. Criminal policy has an appearance. These policies include the type of attitude of judges towards legislative criminal policy, which emerges and manifests in the form of judicial decisions and opinions according to the type of resources and facilities of the judicial system and with regard to the administrative aspects governing the criminal justice system. These policies include the type of attitude of judges towards legislative criminal policy, which emerges and manifests in the form of judicial decisions and opinions according to the type of resources and facilities of the judicial system and with regard to the administrative aspects governing the criminal justice system. Manuscript profile -
Open Access Article
240 - Protection of Cultural and Historical Properties in International law with Review to ICC's Action in Mali's Case
hassan khosravi farid SoltangheysDestruction of Cultural properties is one of the criminal conducts that occurs in domestic and International armed conflicts. In recent centuries, Spanning and intensification of this occurrence has been afford to be Response by International law. The Aim goal of this A MoreDestruction of Cultural properties is one of the criminal conducts that occurs in domestic and International armed conflicts. In recent centuries, Spanning and intensification of this occurrence has been afford to be Response by International law. The Aim goal of this Article is evaluation of historical and Cultural properties protections in International Law and International Criminal Court's(ICC) Response to destruction of Properties during the Mali's Civil war. The article is figure on to show Guarantees of violation of Protecting Cultural and Historical properties especially in Mali case by Analytical descriptive approach. Finding of article shown that the international law has bright obligations and obliged States to protect Cultural and historical properties and in Many Instruments and Treaties Destruction of Religious, cultural and Historical Properties has been Forbidden. This is one of the War crimes Sense and Based to that in the First Case of ICC one of the accused of Destruction of Historical and Cultural properties Has been Convicted to nine years in prison. Manuscript profile -
Open Access Article
241 - About the jurisdiction of the Government repression of the freedom of the people in line with the criminalization With an emphasis on Islamic Republic of Iran
tahereh mahmood soltani mohamadreza abbasifardIn the modern world, stripping liberty of individuals through a crime providing the institutions by the Government and will be fitted for , therefore the type and level of crimes stipulated in the laws of the State of and its criminal policy, specifically , undoubtedly MoreIn the modern world, stripping liberty of individuals through a crime providing the institutions by the Government and will be fitted for , therefore the type and level of crimes stipulated in the laws of the State of and its criminal policy, specifically , undoubtedly affected its political ideology, and it is something in the political does believe; if librali freedom of people or other political concepts to the principle of criminal policy to know, necessity and ghirakifri interventions-in case srkobgraneh-deal crime tend to be based on the political dimension, or if your Government maintains institutions based on relevant government authority or other security considerations are also the necessity of legislation on aspects of the crime of providing hard, restrictive laws and approval of the invasive and often of freedom of citizens believing they find ; however, has always been between the Government, religious and democratic principles of legitimacy and ghirdini in the range of powers of the State in the Affairs of the Special legislation and the various differences there is lots of crime negligent treatment; hence the Islamic Republic of Iran Democratic religious Government; as (a religious democracy) includes the first batch Manuscript profile -
Open Access Article
242 - Feasibility study of the jurisdiction of the International Criminal Court against terrorism
Maryam valizadeh yosef almasi Farhad ZereshkiTerrorism is one of the international crimes that as a not-so-emerging phenomenon has been able to disrupt international order and security by using the factor of fear and attacking the civilian population. This shows the need to deal with it. These include the drafting MoreTerrorism is one of the international crimes that as a not-so-emerging phenomenon has been able to disrupt international order and security by using the factor of fear and attacking the civilian population. This shows the need to deal with it. These include the drafting of the Rome Convention by governments to combat international crimes and gross violations of humanitarian law. Based on this, the question arises whether the International Criminal Court, within the framework of its statute, has the possibility of dealing with terrorist crimes? A look at the terrorist acts committed by terrorist groups can provide us with a list of examples of terrorist acts that can be applied to domestic crimes within the jurisdiction of the Court. Accordingly, although the crime of terrorism is not within the jurisdiction of the Court (Article 5) Compared to other crimes mentioned in this article, it can be prosecuted. However, in terms of territorial, temporal, personal and complementary jurisdiction, there are limitations for criminal proceedings by the International Criminal Court. Manuscript profile -
Open Access Article
243 - Criminal psychology and the components of political crime in Iran (a comparative study of the first Pahlavi era and the Islamic Republic)
zohrabi eslam mohammad khani haniye ghorunehThe main goal of criminal psychology is to investigate the effective factors in the delinquency of criminals in various crimes. In relation to why a series of acts should be criminalized under the title of political crimes and receive a different executive guarantee res MoreThe main goal of criminal psychology is to investigate the effective factors in the delinquency of criminals in various crimes. In relation to why a series of acts should be criminalized under the title of political crimes and receive a different executive guarantee response, reasons have been mentioned by jurists, firstly, that these crimes lack the necessary elements of ordinary crimes such as malice and violence. Second, the subject and purpose of political crimes is to change a certain political situation with illegal means, and thirdly, since the purpose of the perpetrator is the government and political institutions, there is no violation of private rights. In the constitutional law, as the first codified text in the direction of establishing democracy and legislation, and in fact, the basis of the new political and legal system of Iran, it has also made it a political crime in its seventy-ninth amendment article. According to this article, in the cases of political and press offenses, the panel of judges will be present in the courts. Of course, from that time until now, the definition and examples of political crimes in Iran's legal system have been undecided. In the current laws of Iran, due to the lack of a specific and appropriate law in this field, in 2015, a law titled the Political Crime Law was approved by the legislature, based on the existing provisions, the judicial system can be based on the specific law of political crime. Manuscript profile -
Open Access Article
244 - Criminological Investigation of the Principles of Crime Survey in the Prevention of Cyberspace Crimes
ali mohammadi hamid fatemi مهدی مقیمیSummaryToday examining the principles and basis of crime survey based on criminal statistics is a quantitative method of crime prevention in cyber spaces. Which exists as the black figure of crime, the use of survey methods (victim-oriented survey and offender-oriented MoreSummaryToday examining the principles and basis of crime survey based on criminal statistics is a quantitative method of crime prevention in cyber spaces. Which exists as the black figure of crime, the use of survey methods (victim-oriented survey and offender-oriented survey) has been identified as a model at the national and international level and plays an important role in the criminal policy of countries in the prevention of cyberspace crimes. In terms of practical purpose and in terms of the type of research, this is a descriptive-analytical research that was collected and analyzed using library sources. There are effective solutions in this field, and the use of survey methods in the thinking and criminal policy of each country is very important, and the implementation of a well-considered, efficient and preventive criminal policy, which is one of the concerns of the statesmen in the implementation of security and justice, helps a lot and reduces the crime rate. In cyberspace, which is an unknown world, it helps a lot. The results of this study show that survey principles can reduce the attraction of targets in the cyber environment by using the teachings of cyber criminology and various social and situational preventions through public education. and other regulatory measures to deal with and prevent in the cyberspace, and the survey of crimes as a knowledge about the type of crime, the number of crimes, the age, gender, and judicial records of cybercriminals gives useful information. Manuscript profile -
Open Access Article
245 - Reviewing the criminal responsibility of committing crimes by robots
Nahid Dehghan AfifiRobots are man-made machines designed for various purposes. The advancement of technology has envisioned different uses for them. Their deployment in wars and as weapons is a legal and jurisprudential question, which requires criminal liability for deliberate destructio MoreRobots are man-made machines designed for various purposes. The advancement of technology has envisioned different uses for them. Their deployment in wars and as weapons is a legal and jurisprudential question, which requires criminal liability for deliberate destruction through them. Understanding the concepts of robot, criminal offenses, cause and agent, commander, destruction, instrument, will be of great help in tackling this problem. Documents in proof of criminal responsibility can be verses that indicate a suretyship through the public. And the application and generality of hadiths, as well as the rule of indirect destruction, which is derived from reason and narration, are the other reasons in this context. Commander’s verity to the designer of such machines, the attention of the surety to non-addicted robots and the attention of the surety to multiple designers, as well as the investigation of causality or stewardship in intelligent robots and assaulting (warrior) robots are other jurisprudential branches of this issue. The role of the robot in performing such actions is a rational concern and cannot be doubted. Manuscript profile -
Open Access Article
246 - Feasibility of the institution of "immunity from punishment" in connection with sick convicts in Iranian jurisprudence and law.
Mohammad Ali Nasrollahi Ali Mazidi SHarafabadiMany criminal convicts get sick before the execution of the punishment or during the punishment and claim that they cannot bear the punishment. Article 502 of the Criminal Procedure Law approved in 2012 foresees the physical and mental illness of the convicted person as MoreMany criminal convicts get sick before the execution of the punishment or during the punishment and claim that they cannot bear the punishment. Article 502 of the Criminal Procedure Law approved in 2012 foresees the physical and mental illness of the convicted person as a criterion for not tolerating punishment. The most legal protection considered in this article is to convert the punishment of sick convicts into punishment crimes. Determining the institution of exemption from punishment in the Islamic Penal Code has a history with the establishment of legal grounds. However, the mechanism of exemption from punishment is not foreseen at the stage of execution of the sentence due to the illness of the convicted person. Some standards and requirements of human rights emphasize the prohibition of execution of punishment for sick convicts. Despite the necessity of exempting sick convicts from punishment and the lack of provision by the legislator, no research has been done in this regard so far. For this reason, in this article, by analyzing the jurisprudential and legal foundations of impunity and also considering the goals of punishments in Islamic criminal law, we will examine the possibility or impossibility of using the institution of exemption from punishment for sick convicts in the context of punishment, retribution, Key words: criminal, physical and mental illness, impunity, hard-to-treat and incurable diseases and punishment. The result is that at least in the case of insanity and difficult-to-treat and incurable diseases, it is possible to be exempted from punishment in the sentencing of some punishments, and it is necessary to foresee this issue in Article 502 of the Criminal Procedure Law along with the conversion of the punishment. Manuscript profile -
Open Access Article
247 - The concept and proof of the crime of rape in Iranian jurisprudence and law
Karim Khezernia عباسعلی اکبریcriminal laws. It is not known, but under the influence of Islamic jurisprudence, it has been criminalized as fornication by violence and unwillingness. In this article, an attempt has been made to explain the concept of the crime of rape from the perspective of Islamic Morecriminal laws. It is not known, but under the influence of Islamic jurisprudence, it has been criminalized as fornication by violence and unwillingness. In this article, an attempt has been made to explain the concept of the crime of rape from the perspective of Islamic jurisprudence and the doctrine of criminal law by using library sources, and to examine the legal response and how to prove it in the criminal process. Finally, we have come to the conclusion that in the Islamic Penal Code approved in 2013, the most severe criminal reaction is death for the perpetrator of rape. In the Iranian Criminal Code, it is possible to limit the issue of rape only by a male offender against a female victim. Iran's legislature is facing many shortcomings in the issue of rape, so that many examples of the crime of rape in criminal law are silent or at least not commented on. Of course, compared to the law of 1370, it has strengthened the role of the judge's knowledge in proving the crime of adultery as one of the proofs. Manuscript profile -
Open Access Article
248 - 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 -
Open Access Article
249 - Criminal liability of children and adolescents in Iranian and English jurisprudence
Nasim SaghiriThis article aims to investigate the criminal liability policies for children in Iran and England, with the goal of understanding the gradual or immediate nature of juvenile criminal responsibility, the investigative and prosecutorial process for juvenile crimes, and ho MoreThis article aims to investigate the criminal liability policies for children in Iran and England, with the goal of understanding the gradual or immediate nature of juvenile criminal responsibility, the investigative and prosecutorial process for juvenile crimes, and how these two legal systems respond to crimes committed by minors. In Iran's legislative policy, criminal responsibility is gradual, with the age of 9 as the starting point for partial criminal responsibility and the age of 18 as the beginning of full criminal responsibility, primarily for crimes subject to hadd and qisas (retaliation) punishments. In contrast, in England's criminal policy, gradual criminal responsibility is applied to all crimes, considering the age of 10 as the threshold for relative criminal responsibility.The emphasis on specialized juvenile courts in Iran and the right of police and prosecutors to intervene in investigations and prosecutions in all cases in the English legal system, as well as the detention of juveniles in both legal systems, are among the findings of this research. In terms of responses to juvenile crimes in both legal systems, we observe rehabilitative approaches and diversion policies, although the diversity of punitive responses in the English legal system has made it more capable of achieving a desirable level of proportionality between the crime and punishment compared to the Iranian legal system. Manuscript profile -
Open Access Article
250 - Examining jurisprudential opinions on the criminal responsibility of individuals in cyberspace
seyyed aliakbar bozorgnia Ali Faqihi Akbar FallahJurisprudence is one of the most extensive Islamic sciences and knowledge that have a constructive role in the lives of Muslims. In religious traditions, it is emphasized on "jurisprudence" and the learning of halal and haram issues and its significant role in human lif MoreJurisprudence is one of the most extensive Islamic sciences and knowledge that have a constructive role in the lives of Muslims. In religious traditions, it is emphasized on "jurisprudence" and the learning of halal and haram issues and its significant role in human life, so that prosperity and evolution Humanity depends on it. Among other things, in some narrations, learning the "laws of halal and haram" is mentioned as a duty of every Muslim, which should be learned from his family. It has provided advanced technologies, but at the same time, it has also created favorable conditions for the emergence of cybercrimes, which are committed by both natural and legal persons. The method of this article is analytical-descriptive, and the author in this article is looking for the question that Islamic jurists based on fourth evidences, what are their views on cyber issues centered on legal entities? Is it possible to point out some examples of legal entity issues related to cyber space in jurisprudence or not? It seems that considering the existence of legal entities and criminal liability in cyber space, although these issues are not directly discussed in jurisprudential sources, it is possible to justify the legality of criminal liability of legal entities in cyberspace with jurisprudential evidence. Manuscript profile -
Open Access Article
251 - Effectiveness Requirements for Foreign Criminal Laws and Sentences in The National Territory: Developments, Obstacles and Solutions in the Field of Cybercrimes
Ashkan Famil Modaberan Azar Givkey Nader AlizadehsereshtThe all-round application of the principle of the sovereignty of countries in their territory through the tool of criminal jurisdiction has undergone a change despite the justifications for it, so that the effectiveness of foreign laws and rulings has been modified in r MoreThe all-round application of the principle of the sovereignty of countries in their territory through the tool of criminal jurisdiction has undergone a change despite the justifications for it, so that the effectiveness of foreign laws and rulings has been modified in recent years in the light of human rights concepts and fair trial standards, and many countries have deviated from their sovereignty and considered the interests of the accused to be preferable having anticipated examples of the application of foreign law. One of the most important features of cyber space is that it is not limited to the geographical borders of countries, which is called "extra-spatial" feature. This feature causes the determination of the competent court to deal with the crimes committed in this space to be faced with fundamental problems. In the real space, factors such as the location of the crime, the location of the crime, the place of residence and the arrest of the accused are the criteria for applying territorial jurisdiction, but considering the characteristics of the cyberspace, the most important of which is not being assigned to a specific place, "being extra-local", the application of jurisdiction A territory in this space causes a positive conflict between the courts of different countries. Therefore, determining the territory of this principle creates the greatest challenge in dealing with cybercrimes and in the procedures of different countries of the world, it is possible to refer to the location of the computer, the location of the uploader or implementer, the location of the action, the location of the effect, or other matters. The title of the factors relating the jurisdiction of the court to the criminal act located in the cyberspace was mentioned. This research, which was carried out using the descriptive-analytical method and using library and cyberspace resources, tries to investigate the influence of the criminal laws of our country on this process. After the victory of the Islamic Revolution and under the influence of Sharia standards, and also due to the increasing progress in cyber fields and the increase in crimes in this area, the said process encountered obstacles that require reflection and research to overcome, obstacles such as the conditions of the appointed judge. , the rule of negation of the mustache and some unreasonable precautions of the legislator in this context can be seen, which has become an obstacle to the development of the criminal law of our country for the expansion of the place Manuscript profile -
Open Access Article
252 - The role of mediation and intercession in realizing restorative justice
hamidreza motie seyed mehdi ahmadi Hosein Rahimi VaskasiRestorative justice is a process that tries to give attention and authenticity to personal relationships in contrast to criminal justice that uses methods of punishment and satisfaction and rebuild what has caused the destruction of these relations in such a way that th MoreRestorative justice is a process that tries to give attention and authenticity to personal relationships in contrast to criminal justice that uses methods of punishment and satisfaction and rebuild what has caused the destruction of these relations in such a way that the victim, the offender and the local community are actively present in it and as a result of this participation, justice is realized which aims to restore relations. It means to compensate the losses caused by the crime and by analyzing and examining the causes, effects and results of the crime and the problems caused by it, find the appropriate solution to improve stable relationships. The realization of restorative justice, justice that is closer to human dignity, and reforming behaviors and restoring relationships for the betterment of society. It requires the development and application of methods that try to use different capacities to achieve maximum success and improve the health of society members in a meaningful way with the aim of socializing relationships. Among the methods of implementing restorative justice is the mediation method, which tries to discuss the causes, effects and results of the attributed crime and the ways to compensate for the resulting damages with the management of the mediator and, if necessary, with the presence of other effective persons. and achieve success that leads to the repair and restoration of relations. In Islamic jurisprudence, the criteria of restorative justice and mediation based on the reform of Zat al-Bin have been recommended and emphasized. Criteria for improving relationships between people, which are moral virtues. In this article, with the aim of understanding and explaining the role of mediation and intercession, their role in realizing restorative justice and reforming Zat al-Bin is discussed. Manuscript profile
Sanad
Sanad is a platform for managing Azad University publications
Links
Related Centers
Technical Support
Official pages
The rights to this website are owned by the Raimag Press Management System.
Copyright © 2021-2024