Criminal Law Doctrines - Articles in Press

The Nature of a Contract for Utilization from a Renting Womb

Mahdi Alizadeh

Volume 4, Issue 23 , June 2007, , Pages 149-168

Abstract

* Senior expert of private law I n certain cases, legal and jurisprudential doctrines have authorized utilization from a substitute womb provided that some conditions are ... Read More

Defendant’s Legal Rights in Criminal Prosecution Alternatives

Muhammad Mahdi Saghian

Volume 16, Issue 17 , January 2019, , Pages 161-188

Abstract

In the light of comparative law developments in recent years, the Criminal Procedure Code of 2013 has introduced numerous institutions and mechanisms into the Iranian criminal justice ... Read More

Being Formed Pyramid the Sources of the Criminal Law in Europe and Challenges Confronting It

Mahmud Rouholamini

Volume 12, Issue 9 , August 2014, , Pages 175-198

Abstract

With studying the sources comprised the criminal law in Europe; it can be mentioned two different periods in Europe concerning with the sources of law. The creation of the concept of ... Read More

The Role of the Identity Documents in the Prevention of Organized Crimes

S. Alireza Mir Kamali; E. Abbaszadeh Amirabadi

Volume 11, Issue 7 , August 2014, , Pages 177-202

Abstract

Todays, in penal code with attention to the relationship of countries and (transnational) international relations and the absence of boarders, the organized crimes have a specific position. ... Read More

The Law of the Political Crime on the Basis of Article 168 of the Constitution of Islamic Republic of Iran

Kazem Khosravi; Abdu al-Reza Asghari

Volume 14, Issue 13 , August 2017, , Pages 193-224

Abstract

The political crime in the current of the criminal procedures is following rules which differ from the common rules observing the common crimes. Today, for ideological political reasons ... Read More

The Deviation from the Domestic Jurisdiction in the Process of the Criminal Procedure of Iran and France

Ruhollah Sepehri

Volume 12, Issue 10 , January 2015, , Pages 195-220

Abstract

One of the important principles and rules in the process of the criminal procedure is the issue of jurisdiction. This principle is taken from the other important principle namely the ... Read More

Assessing the Possibility of Delaying the Execution of Qiṣāṣ (Retaliation) or Hudud -E- Salib -E- Hayat (the Limit of Death Sentencing) If a New Crime Is Committed or the Previous Crime Is Committed by Authenticating

Majid Sadeghnejad Naeini; Seyed Meysam Azimi

Volume 16, Issue 18 , January 2020, , Pages 199-226

Abstract

One of the features of a fair and powerful judiciary is the immediate and final implementation of punishments. Immediate and definitive execution of punishments is a feature of a fair ... Read More One of the features of a fair and powerful judiciary is the immediate and final implementation of punishments. Immediate and definitive execution of punishments is a feature of a fair and powerful proceedings system, and basically the result of all the efforts that are made in the preliminary investigation and proceedings stages is achieved during the execution of the sentence. However, sometimes during the execution of sentences, there are assumptions that cause hesitations about the urgency of the execution of punishments. Accordingly, the issue under consideration in this article is that if a person sentenced to death, whether for retaliation or hadd, commits another crime after the conviction has been finalized and before the execution of the sentence; Or, after a punishment which sentenced to death and before the execution of the sentence, it should be established that the respondent person has committed another crime before committing the crime subject to the punishment which sentenced to death, and should be discovered and proved now. In such a situation, is the execution of Hadd (borders, boundaries, limits) or Qiṣāṣ (retaliation) delayed or not? In this article, we examine this assumption from a legal and jurisprudential point of view by an analytical-interpretive method. The results of the research indicate that such issues are examples of conflicts of rights with each other in which more important instances exclude the important ones. It is very effective in recognizing the importance of the right, the right of God (what is due to God) or the right of the people (what is due to people) to commit a new crime. Therefore, in each case, it is necessary to make a decision according to the different conditions and characteristics and the right of God (what is due to God) or the right of the people (what is due to people) to commit crimes, and it is not possible to state a single verdict for all cases.

The De Minimis; Understanding the Concept and Its Application in Criminal Law

Jamshid Gholamloo; Hamidreza Asimi

Volume 21, Issue 27 , June 2024, , Pages 199-232

https://doi.org/10.30513/cld.2024.6468.2042

Abstract

Certain criminal conducts are so insignificant that pursuing them through the criminal justice system seems unwarranted. However, the current application of criminal codes and legislative ... Read More

The Complementarity Regime of the International Criminal Court and the Crime of Aggression

H. Najandimanesh; Vahid Bazzar

Volume 14, Issue 14 , January 2018, , Pages 201-224

Abstract

According to the principle of the complementarity, the national courts have priority in prosecuting crimes committed within the International Criminal Court (ICC) jurisdiction. On the ... Read More

Defamation Crimes: From Criminalization to Decriminalization and Civil Law Model

Jamshid Gholamloo; Reza Daryaee

Volume 19, Issue 23 , August 2022, , Pages 203-240

https://doi.org/10.30513/cld.2023.4836.1779

Abstract

Traditionally, defamation against individuals has been criminalized in order to protect the value of reputation and dignity. Although criminal protection shows the great importance ... Read More

The Analysis of the Offence (Crime) of the Abstract Forgery

Ehsan Abbaszadeh Amirabadi

Volume 11, Issue 8 , January 2014, , Pages 207-234

Abstract

The book of Tazir -Punishment for crime not measuring up to the strict requirements of hadd punishments- of the Islamic Penal Code of Iran has not distinguished the crime of the abstract ... Read More

Criminal Protection for Consumers Against Corporate Crimes: Challenges and Solutions

sara Meshkin Sanjabi; jalil omidi

Volume 20, Issue 26 , November 2023, , Pages 221-254

https://doi.org/10.30513/cld.2024.5520.1906

Abstract

The legal system of any country should establish a comprehensive criminal policy in alignment with the rapid developments in the methods of committing corporate crimes. An essential ... Read More

Subsidiary Punishments in Murder

Abbas Shiri Varnamkhasti

Volume 19, Issue 24 , January 2023, , Pages 229-260

https://doi.org/10.30513/cld.2023.5039.1821

Abstract

Subsidiary punishment, based on the principle of the legality of punishments, is imposed on the perpetrator in addition to the main punishment, depending on the commission of the crime. ... Read More

A Criminological Study of International Crimes in Light of the Theory of Social Forms

Mohammad Faraji

Volume 22, Issue 29 , May 2025, , Pages 273-306

https://doi.org/10.30513/cld.2026.7704.2205

Abstract

Despite being among the most pressing issues confronting contemporary human society, international crimes have, for understandable reasons, received relatively little attention within ... Read More

Principles Governing Merchantable Competition Law Considering the Respective Bill

Tuba Sadeghi

Volume 4, Issue 23 , June 2007, , Pages 169-186

Abstract

* Senior expert of private law I n the legal system of our country, competition law has been one of the new law fields that not only its different dimensions has been remained ... Read More

Testifying Through Video Conferencing and The Procedure of International Criminal Tribunals in Its Acceptance

Heybatollah Nazhandi Manesh; Vahid Bazzar

Volume 16, Issue 17 , January 2019, , Pages 189-210

https://doi.org/10.30513/cld.2019.509

Abstract

New communication technologies that have become increasingly prominent with the advent of the Internet have affected most areas of international law including international judicial ... Read More

Legal Authorities of Police Use of Firearms (Comparative Study of Criminal Policy of Iran and Britain)

Ali Afrasiabi

Volume 12, Issue 9 , August 2014, , Pages 199-224

Abstract

Legal and executive precedent of police use of firearms is one of the hot issues of human rights studies. British police has justifiable experiences in the field regulating police shooting. ... Read More

Disclosure of Intermediary Identity; A Manifestation of the Development of a Fair Proceeding in the International Criminal Court

Javad Salehi

Volume 16, Issue 18 , January 2020, , Pages 227-256

https://doi.org/10.30513/cld.2020.564

Abstract

Fair proceeding criteria in the International Criminal Court have components that are currently under development and are in conflict with the Intermediary position. However, the defendant’s ... Read More

Responding to Evil with Evil A Philosophical-Ethical Reflection on the Retributive Justification of Inflicting Pain and Suffering

Ahmad Fallahi

Volume 21, Issue 27 , June 2024, , Pages 233-262

https://doi.org/10.30513/cld.2024.5903.1972

Abstract

In addressing this fundamental question of whether punishment is morally good/just, proponents of retributivism - emphasizing principles such as desert, blameworthiness and proportionality ... Read More

A Sociological Study on the Evolutions of the Death Penalty in Afghanistan

Mahdi Qaemi; Abdolreza Javan Jafari Bojnordi; Sayyid Muhammad Javad Sadati

Volume 19, Issue 23 , August 2022, , Pages 241-268

https://doi.org/10.30513/cld.2023.4280.1687

Abstract

Capital punishment is considered as the most important and serious criminal reaction, which has undergone many changes in Afghanistan since 1747 AD (1160 AH). These changes have been ... Read More

The Future of Criminal Procedure in Iran After the Approval of the “Bill on the Establishment of Special Police for Children and Adolescents”

A N

Volume 20, Issue 26 , November 2023, , Pages 255-288

https://doi.org/10.30513/cld.2024.5614.1924

Abstract

In the Code of Criminal Procedure of 2014, for the first time, the differentiation of the special police for children and adolescents has been considered through Article 31 and the ... Read More

Objectives and Effective Factors in Punishing the Perpetrators of Crimes against Cultural Heritage in the Light of the Al-Mahdi Case and the Procedure of the International Criminal Court

Keyvan Ghani; Fadlullah Foroughi azlollah

Volume 19, Issue 24 , January 2023, , Pages 261-294

https://doi.org/10.30513/cld.2023.4600.1742

Abstract

Cultural heritage has always been an attractive target for achieving the economic, religious and political goals of organized criminals and terrorists in internal, regional and international ... Read More Cultural heritage has always been an attractive target for achieving the economic, religious and political goals of organized criminals and terrorists in internal, regional and international armed conflicts, so supporting this heritage considering that at the international level It is respected by the world and human society, it has always been a matter of consensus, approval and emphasis, and this support, although incomplete, has been reflected in various legal and judicial, political and ideological dimensions. One of the influential institutions that has an effective capacity to support these works at the international level is the International Criminal Court. Although the possibility of filing lawsuits involving the protection of world cultural heritage in the court is not explicitly mentioned, but the review of the existing procedure confirms the jurisdiction of the court in dealing with these issues. One of the important cases in this regard is reflected in the lawsuit of the court prosecutor against Al-Mahdi, which investigation will be the desired military organizer including the goals and effective components in punishing the perpetrators of crimes against cultural heritage. This article seeks to explain the objectives and effective components in punishing perpetrators of crimes against cultural heritage in the International Criminal Court and states that due to the lack of a uniform punishment model in the court’s procedure, the efficient protection of cultural heritage relies on the traditional goals of punishment. Such as punishment, rehabilitation and deterrence are not enough, and other goals such as restoration and revival of historical and cultural monuments and compensation for the emotional pain of the victims who have a historical and religious connection with these places, are more important than the traditional aspect of the goals of punishment, and the criminal punishment system should be based on be organized on these issue.

The Expansion of the Scope of Inherently Lethal Conduct in Judicial Jurisprudence

Saeed Ghaedi; mohammad farajiha

Volume 22, Issue 29 , May 2025, , Pages 307-352

https://doi.org/10.30513/cld.2025.7306.2159

Abstract

The present study, employing a descriptive–analytical methodology, examines the manifestations of the expansion of inherently lethal conduct within the Iranian judicial system. ... Read More The present study, employing a descriptive–analytical methodology, examines the manifestations of the expansion of inherently lethal conduct within the Iranian judicial system. It analyzes how judicial practice—particularly as reflected in the rulings of the Supreme Court—interprets paragraph (b) of Article 290 of the Islamic Penal Code (2013) and, on that basis, issues sentences of Qisas. The findings indicate that the judiciary, through expansive interpretations and occasional disregard for certain statutory conditions and legal excuses, has tended to broaden the scope of inherently lethal conduct. Accordingly, factors such as the extension of the sphere of executive conduct, insufficient attention to the establishment of causation and attribution of death to the accused, the characterization of conduct as inherently lethal in cases involving doubt, and the qualification of intentional homicide arising from gross recklessness (with respect to the actus reus), as well as the neglect or misinterpretation of awareness and consciousness (with respect to the mens rea), have emerged as prominent indicators of this expansion. The issuance of unifying precedents or the adoption of interpretive guidelines by the Supreme Court to clarify the notions of “awareness and consciousness” and the parameters of statutory excuses—such as excessive self-defense and juvenile criminal maturity—together with the annulment of Qisas judgments where such elements or fundamental principles of criminal law have not been duly observed, constitute essential corrective mechanisms. Furthermore, refraining from extending executive conduct to accomplices in homicide except in well-substantiated cases involving direct intervention and attributable causation, overturning Qisas sentences in the absence of a complete causal link to death unless intent to inflict severe injury or compelling evidence thereof is established, applying the rule of doubt in cases of uncertainty regarding the type of crime or attribution, and aligning intentional homicide based on gross recklessness strictly with the conditions set forth in paragraph (b) of Article 290, represent strategic approaches whose effective and comprehensive implementation could reduce interpretive inconsistency, limit the expansion of Qisas sentences, and enhance the coherence and effectiveness of criminal policy.

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Mohammad Reza Vijeh

Volume 4, Issue 23 , June 2007, , Pages 187-216

Abstract

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Crimes against the Coral Reefs from the Perspective of Law and Victimology

Mahdi Sabooripoor; Asghar Ahmadi

Volume 16, Issue 17 , January 2019, , Pages 211-238

Abstract

Today a wide range of coral reefs in the world are either destroyed or in danger of extinction, and so the damage to coral reefs is causing marine ecosystem damage. That is, the question ... 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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