Criminal Law Doctrines - Articles in Press

Preventing Money Laundering in Monetary and Banking System

Sayyed Hossein; Afshin Azari Matin

Volume 12, Issue 10 , January 2015, , Pages 135-154

Abstract

Banks and credit institutions are known as the principle center for currency transactions. Therefore, adopting the proper preventive strategies (programs) has a vital importance to ... Read More Banks and credit institutions are known as the principle center for currency transactions. Therefore, adopting the proper preventive strategies (programs) has a vital importance to prevent dirty money to enter the monetary and banking system. The first step to achieve this importance it is necessary the effective supervision of the Central Bank of Iran over the establishment of banks and credit institutions to prevent or hinder ineligible people (who launder money) to establish banking institutions and quasi-banks (quasi-banking institutions) for preparing a safe place for their illegal actions. Also, it is essential the continuous supervision over the all banking functions and actions by the Central Bank of Iran to ensure the implementation (enforcement) of the anti-money laundering regulations in the monetary and banking system. From the other side, the traditional banking has been replaced by the electronic and virtual banking and its main feature is the easy and online tracking and transferring. It is good (proper) that the banking system to recognize the suspicious (doubtful) banking transactions indicating money laundering provides (considers) technical equipment and payment systems which are equipped by the exact controlling methods in the systems of banking services for the technological prevention. The next step is to consider standards governing the banking system to prevent money laundering. According to the law on fighting money laundering (Anti-Money Laundering Law) and its implementing regulations, the standards are the duty of the Supreme Council for fighting against money laundering has codified regulations relating to identification and authentication, categorization of persons, determining customer-level activities, the relationship between brokerage and other banks in the form of the instruction. These regulations have had the preventive approach and its exact implementation by financial institutions has a crucial rule to decrease the scope of the commitment of money laundering.

The Right of the Defendant’s Awareness of the Exculpatory Evidence in the Prosecutor’s Possession

Javad Salehi

Volume 14, Issue 13 , August 2017, , Pages 139-164

Abstract

The right of the defendant’s awareness of the exculpatory evidence in the hand of the prosecutor is of requisites for fair trial. The prosecutor’s duty is to reveal the ... Read More

The Criminalization of Concealing Evidence and Its Challenges in the Law of Iran

Jamal Beigi

Volume 14, Issue 14 , January 2018, , Pages 145-172

Abstract

It has been emphasized on concealing evidence in the fiqhi sources such as the verses of the holy Quran and Islamic traditions. while in spite of drawing attention to evidence as one ... Read More

The Legal-Criminology Criteria of Situational Crime Prevention

Ali Safari; Razieh Saberi

Volume 11, Issue 8 , January 2014, , Pages 145-180

Abstract

What lets common citizens to practice the situational prevention against possible aggressors is carrying out right (practicing laws) -implementation of the right-, social order or a ... Read More

Differential Proceedings Crimes against of Chastity; From Proper Prosecution to Organizational Competence

Hossein Soltanifard; Mahmoud Malmir; Hassan Alipour

Volume 16, Issue 18 , January 2020, , Pages 147-168

Abstract

One of the few crimes with differential proceedings in Iran’s criminal proceedings is the crime of chastity. The differentiation of criminal proceedings means that the rules and ... Read More

Rule-Based Necessity Policies in Criminal Justice Implementation

Mohammad Mirzaei

Volume 20, Issue 26 , November 2023, , Pages 153-184

https://doi.org/10.30513/cld.2024.5506.1898

Abstract

Criminal policy is the approach of crime control and the adoption of appropriate legislative, judicial, and executive tactics and strategies by criminal policy actors. Sometimes, it ... Read More Criminal policy is the approach of crime control and the adoption of appropriate legislative, judicial, and executive tactics and strategies by criminal policy actors. Sometimes, it is necessary to rapidly adjust criminal policy measures in response to specific circumstances as they arise. However, these changes may conflict with existing judicial and legislative measures during implementation. This requires the regulatory flexibility of criminal policy in emergency situations (Arabic: إضْطِرار, romanized: ʾiḍṭirār). This article, which is descriptive and documentary in terms of its applied purpose and method of implementation, explains the foundation and application of the rule in executive criminal policy. After analyzing the rule of urgency from jurisprudential, legal, and criminological perspectives, it discusses the systematic use of its capacities to address the new challenges (disturbances) in executive criminal policy. It also evaluates the selection of necessary measures for actors in the criminal justice system, especially the executive actors, in the operational arena. Although this rule applies to most deviations (Arabic: Inṣirāfāt) from the absoluteness of foundational principles or accepted criminal laws, the necessity for exceptional and special circumstances requires the regulation of exceptional policies, strategies, and tactics, particularly in the field of implementation. This can be interpreted as differential criminal policy, which manifests in various forms, such as deviation from the principle of “legitimacy of the evidence and method of obtaining it” in the processes of detection, investigation, and prosecution, or the “suspension or limitation of civil rights in preventive measures before or after a crime,” or the “use of force by executive actors in pre- and post-criminal actions,” among others. It should be emphasized that the adoption of these measures to prevent anarchism and the violation of individual rights by the government requires regulation and must adhere to the general principles of legislative policies and be based on religious teachings and considerations, such as “the principle of dignity, the principle of equivalence and balance, the principle of compliance with the laws, goals, and objectives of the Sharia, logical justification, permitting ḥarām in ʾiḍṭirār (necessity) situations, and permitting ḥalāl.

Comparative Study of the Evolution of Criminal Liability in the Penal Code of Iran and Afghanistan (with Emphasis the Expansion and Restrictions of the Age of Criminal Liability)

abdulkhaliq haqqani; mahdi sabooripuor; sayed alireza mirkamali

Volume 21, Issue 27 , June 2024, , Pages 153-172

https://doi.org/10.30513/cld.2025.6014.1988

Abstract

The rules governing criminal liability in the legal systems of Iran and Afghanistan have experienced numerous fluctuations and transformations. The purpose of this research is to elucidate ... Read More

The Proofs of Qisas of the Debtor’s Murderer by Relying on Unfamed View of Ṣāḥib al-Jawāhir and the Islamic Penal Code of 2013

Mansoureh Sohrabi Afqu; Sayyid Muhammad Hadi Qabooli Dorafshan; Muhammad Hassan Ha'eri

Volume 19, Issue 23 , August 2022, , Pages 157-178

https://doi.org/10.30513/cld.2023.4211.1679

Abstract

Qisas (Arabic: قِصَاص, lit. 'retaliation, accountability, following up after, pursuing or prosecuting') has been legislated in order to protect the public interest, but ... Read More

Conditional Interpretation of Life Imprisonment in Compelling Conditions for Retribution: Nature and Consequences

Davood Seifi Gharayetagh; Ghasem Eslami Nia

Volume 19, Issue 24 , January 2023, , Pages 157-196

https://doi.org/10.30513/cld.2023.4950.1804

Abstract

According to the popular view of Imami jurists, the punishment of “Mokreh” (duressing someone to commit a crime) is life imprisonment. However, there are disagreements regarding ... Read More According to the popular view of Imami jurists, the punishment of “Mokreh” (duressing someone to commit a crime) is life imprisonment. However, there are disagreements regarding the nature of this punishment, whether it is limited or retaliatory, whether it is a right of individuals or a right of God, and accepting any of these theories has different legal and jurisprudential implications (such as reconciliation or transformation into another punishment, etc.). In Article 376, the legislator chose the theory of the right of individuals and conditioned life imprisonment on the presence of retribution conditions for the first time. Ambiguities in the article and its lack of legislative precedent have led to different interpretations and created various challenges in terms of interpretation and implementation. For example, in some cases, the deputy perpetrator of a crime goes beyond the direct perpetrator of the murder, or it is not clear whether equality conditions in retribution should be assessed between the victim and the compelling party or between the direct and indirect compelling parties, or considering the conditional nature of life imprisonment, does the request of the victim’s guardian nullify the punishment during the execution of life imprisonment, or does it, like theft with a specific limit, transform into a right of God, and the withdrawal of the victim’s guardian has no effect on its nullification? On the other hand, the relationship between Clause 6 of Article 19 and Article 375 is in a realm of ambiguity. This article, using a descriptive-analytical method and based on referring to jurisprudential and legal sources, seeks to analyze the nature of the punishment of “Mokreh”. The research results indicate that the conditions referred to in Article 376 are merely the evidentiary conditions for retribution (intentional compelling, equality in religion and intellect, and the absence of coercion), and in terms of nature, the theory of punitive life imprisonment in compelling someone to commit murder is more in line with the principles governing crimes and punishments, effective criminal policy, and the preservation of the rights of the victim’s family. Therefore, it can be said that with the approval of the supplementary Article 6 in 2020, life imprisonment for compelling someone to commit a crime has been transformed into first-degree imprisonment. Additionally, considering the exceptional nature of the provision in Article 376, a Muslim addict who commits murder under compulsion is not sentenced to life imprisonment; instead, according to the last paragraph of Article 376, the punishment of being an accomplice in murder is applied to them. In summary, the aforementioned ambiguities and challenges necessitate legislative amendments to prevent the violation of the rights of the accused and to preserve the credibility of judicial decisions by amending Article 37.

The Dual Structure of Qisas and Pardon in the Punishment of Intentional Homicide: A Jurisprudential Reflection on the Relationship between Retributive and Restorative Justice

Mahdia Maali; Mohammad Rassaii; Abolfazl Alishahi ghalehjoughi

Volume 22, Issue 29 , May 2025, , Pages 203-234

https://doi.org/10.30513/cld.2025.6863.2096

Abstract

Punitiveness and tolerance approaches, rooted in different foundations, constitute two predominant paradigms in the systems of criminal law. The former emphasizes punishment and retaliation, ... Read More

Conditions for a Homicide Preventing Inheritance and Its Comparative Studying in the Islamic Sects

Ahmad Ali Taherzadeh

Volume 4, Issue 23 , June 2007, , Pages 117-148

Abstract

T he four obstacles, “homicide, infidelity, solemn imprecation or maledication and birth out of wedlock” are of the factors which the code of Iran considers them as ... Read More

The Right to Compensation and Restitution for the Victim and the Challenges Facing It in the International Criminal Court

Neda Niazmand; Mehrdad Rayejian Asli

Volume 16, Issue 17 , January 2019, , Pages 129-160

Abstract

Although the ICC Statute and the Rules of Procedure and Evidence have a different approach to other international documents, until the adoption of the above texts, they have placed ... Read More

The Situational Prevention Strategies of Cybercrime

Hamid Bahrehmand; H. Muhammad Kourehpaz; Ehsan Salimi

Volume 11, Issue 7 , August 2014, , Pages 147-176

Abstract

Crime prevention is the first step to establish criminal justice. The cyber space for its specific features is suitable for the situational prevention. The necessity of the situational ... Read More

Putative Self-Defense

Firouz Mahmoudi Janaki; Azadeh Sadeqi

Volume 12, Issue 10 , January 2015, , Pages 155-194

Abstract

This note studies the legal opinions over the conducts of those who feel the risk of danger from someone with truthful belief and yet reasonable but in reality, it has not been and ... Read More

Legitimizing Earnings Derived from Drug Smuggling in the National, Domestic, or Internal Law and International Documents

Reza Abbaspour; Ali Vaez Tabasi

Volume 12, Issue 9 , August 2014, , Pages 155-174

Abstract

Legitimizing earnings derived from drug smuggling are formed in order to disguise or conceal the identity of illegally obtained proceeds and integrate these legitimized funds into the ... Read More

A Look at the Capacity of the International Criminal Court (ICC) in the Protection of Human Rights

Hojat Salimi Turkamani

Volume 14, Issue 13 , August 2017, , Pages 165-192

Abstract

The establishment of The International Criminal Court (ICC) as a permanent international court in Rome on 17 July 1998 is an important step in the process of fighting impunity. The ... Read More

A New Approach to the Right of Retaliation for Minorities with a Glance to the Theory of Jurist Guardianship

Volume 13, Issue 11 , August 2016, , Pages 167-188

https://doi.org/10.30513/cld.2016.646

Abstract

Aggravating Factors of Punishment in the Rulings of the International Criminal Court

Sadegh Salimi

Volume 16, Issue 18 , January 2020, , Pages 169-198

https://doi.org/10.30513/cld.2020.617

Abstract

On December 7, 2019, equal to 16 Azar 1398, the International Criminal Court issued the heaviest sentence of imprisonment for 30 years for Ntaganda. In this verdict, the aggravating ... Read More

The Necessity of the Criminalization of Money Laundering Separated from the Predicate Offence

Shahram Zarneshan; Muhammad Shojaei Nasrabadi

Volume 14, Issue 14 , January 2018, , Pages 173-200

Abstract

Although money laundering is of the secondary crimes, it has a specification (attribute) which distinguishes from these types of crimes. The independence of this crime from the primary ... Read More

Analysis of the Evolution in imprisonment from the perspective of the sociology of culture in post-revolution Iran

seyyede zahra Khakshoori; seyyed mohammad javad sadati; abdolreza Javan Jafari Bojnourdi

Volume 21, Issue 27 , June 2024, , Pages 173-198

https://doi.org/10.30513/cld.2024.6473.2044

Abstract

The prevalence of corporal punishments in the first decade of the Islamic Revolution and the marginalization of prisons were the result of the dominance of the religious traditionalist ... Read More

The Prospect of Overcoming the Obstacles of the Jurisdiction of the International Criminal Court in the Situation of Afghanistan

Javad Salehi

Volume 19, Issue 23 , August 2022, , Pages 179-202

https://doi.org/10.30513/cld.2023.4158.1665

Abstract

The prosecution of war crimes in the ICC relies on the criteria provided in its statute. This situation is a manifestation of the fulfillment of the criminal sanctions in violation ... Read More

The Development Environments of Exercising Criminal Laws in Territory

Sayyed Mahmud Mir Khalili; Ali Reza Rahmani Naeimabadi; Abouzar Salarifar

Volume 11, Issue 8 , January 2014, , Pages 181-206

Abstract

According to the principles of the criminal law, the general rule is that every country’s courts merely practices the penal code of own territory in its territory while in private ... Read More

The Basics of International Criminalization of Ecocide

Mostafa Fazaeli; ali mashhadi; Seyyed Hassan Eslami Ardakani; Sharareh َAbtahi

Volume 20, Issue 26 , November 2023, , Pages 185-220

https://doi.org/10.30513/cld.2023.5508.1900

Abstract

Ecocide refers to the extensive damage or destruction of ecosystems within a specific territory. In a specific legal sense, it refers to the destruction of the environment in pursuit ... Read More

Risk-Oriented Criminal Law in the Realm of Terrorist Crimes

Farhad Shahideh

Volume 19, Issue 24 , January 2023, , Pages 197-228

https://doi.org/10.30513/cld.2023.4971.1809

Abstract

Today, terrorism is considered as one of the main challenges for the security of societies. By carrying out violent terrorist behaviors, terrorists actually have a high criminal capacity ... Read More

The Role of the Economic Discourse of the Construction Era on Criminalization (1368-1376)

Mohsen Eini; ُSaber Qamartabar

Volume 22, Issue 29 , May 2025, , Pages 235-272

https://doi.org/10.30513/cld.2025.7325.2163

Abstract

The discourse of the Islamic left party believed in a state economy and activity in the cooperative sector, and did not consider the private sector to have a prominent role. The discourse ... Read More

Volume 22 (2025)

Volume 21 (2024)

Volume 20 (2023)

Volume 19 (2022)

Volume 18 (2021)

Volume 17 (2020)

Volume 16 (2019)

Volume 15 (2018)

Volume 14 (2017)

Volume 13 (2016)

Volume 12 (2015)

Volume 11 (2014)

Volume 10 (2013)

Volume 9 (2012)

Volume 8 (2011)

Volume 7 (2010)

Volume 6 (2009)

Volume 5 (2008)

Volume 4 (2007)

Volume 2 (2006)

Volume 3 (2005)

Volume 1 (2004)

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