Criminal Law Doctrines - Articles in Press

The Prediction of Domestic Violence against Women and Adopted Strategies according to Its Basis

Hussein Gholami; Mehri Barzegar

Volume 14, Issue 14 , January 2018, , Pages 3-38

Abstract

Domestic violence against women is a concealed, chronic and widespread phenomenon in all human communities and has many harmful effects. For this reason, some investigations have endeavored ... Read More

Criminal Background as a Manifestation of the “Dangerous State” and Its Application to Alternatives of Prison Sentences

Abdolali Tavajjohi; Ibrahim ' Zare

Volume 16, Issue 17 , January 2019, , Pages 3-28

Abstract

The concept of “dangerous state” was introduced in the nineteenth century on the basis of the necessity to provide social protection by positivism theorists. There are signs ... Read More

Legal-Criminological Approach to Intervention of Observers in Crime Prevention

Seyedeh Saedeh Hosseini; Seyed Mahdi Seyed Zadeh Thani; Abdolreza Javan Jafari

Volume 16, Issue 18 , January 2020, , Pages 3-30

Abstract

Observers’ intervention is one of the important procedure of informal social prevention, which seeks to ensure the security of society and citizens by institutionalizing the responsibility ... Read More

The Knowledge and Caution (Awareness) in Mens Rea Element for Murder in the Law of Iran and USA

Kayumarth Kalantari; Reza Rezaii; Javad Moslehi

Volume 14, Issue 13 , August 2017, , Pages 3-32

Abstract

In the law of Iran, the legislature has accepted “consciousness and attention” merely in murdering as the criterion of the mental element in the crime of murder merely in ... Read More

The Conflict of Evidences Proving the Crimes Deserving (Causing) Qisas, Diya and Ta’zir; Cases and Strategies

Abbas Zeraat; Omid Mutaqi Ardakani

Volume 12, Issue 10 , January 2015, , Pages 3-34

Abstract

“The conflict of evidences proving disputes (litigations or lawsuits)” is an occurrence which comes in to view in both proving criminal offences and civil offences; yet, ... Read More

The Hierarchical Retaliation (Qisas) in Crimes except Murder

Adel Sarikhani; Murteza Mirzaii Moqadam

Volume 12, Issue 9 , August 2014, , Pages 3-28

Abstract

The hierarchical retaliation (qisas) is of the innovations of the Islamic penal code (codified 1392). The main question is if it is possible basically to implement the retaliation (qisas) ... Read More

The Crime of Apostasy (Irtidād) in the Islamic Traditions (Ahadith)

Sayyed Mustafa Muhaqqiq Damad; Sayyed Muhsen Musavifar

Volume 11, Issue 8 , January 2014, , Pages 3-24

Abstract

The issue of apostasy (irtidād) and its capital punishment has been a circus and arena of the different thoughts and beliefs from the point of religion and out of religious look and ... Read More

Differential Pre-Trial Detention of Ill People in Criminal Procedure Regulations of Iran (1378 & 1392

Muhammad Ashuri; Muhammad Reza Rahmat

Volume 11, Issue 7 , August 2014, , Pages 3-26

Abstract

Individualized principle of preliminary judicial inquiry and applying its tools is one of the points which has a noticeable importance in the issue of dignifying the criminal procedure. ... Read More

Criminal Transferring (Review on Article 516 of Iranian Penal Code)

Dr. Tahmorth Bashireyeh

Volume 7, Issue 13 , July 2010, , Pages 3-14

Abstract

Each Legal rule has two parts including order and sanction for protecting of that. Often these two are combined in one article, but occasionally are depicted in more than one. ... Read More

Observations about Instruments Named Payment Order

Amir Hussein Fakhari

Volume 4, Issue 23 , June 2007, , Pages 3-12

Abstract

P ayment of fund and its quality in commerce is regarded as an important matter so that it has induced the legal systems to systematize it and provide documents for it and dedicate ... Read More

The Prohibition on the Use of Biological Weapons from the Perspective of International Criminal Law and Islam

aliasghar aghalar; Masoud Raei

Volume 19, Issue 23 , August 2022, , Pages 3-32

https://doi.org/10.30513/cld.2022.4162.1667

Abstract

Biological weapons, which have a historical history of use in terrorist acts and military conflicts have been especially noticed by developed countries today. The use of these weapons ... Read More

Comparative Study of Consent of the Victim on Bodily Harm in the Law of Iran and Germany

Mehri Barzegar

Volume 19, Issue 24 , January 2023, , Pages 3-32

https://doi.org/10.30513/cld.2023.5148.1834

Abstract

The Iranian laws are silent on the ruling of consent of the victim on bodily harms and it has often been claimed that it has no effect. However, in Germany Article 228 of StGB bars ... Read More

The Scope of the Bones of “Kaʿb” and “Qadam” and Examination of al-Dīya (Arabic: الْدِّیَة) for Injuries From the Perspective of Jurisprudence, Law, and Forensic Medicine

m a; h r

Volume 20, Issue 26 , November 2023, , Pages 5-28

https://doi.org/10.30513/cld.2023.4932.1797

Abstract

The bones of the “Kaʿb” (Arabic: اَلْکَعْب, lit.: ankle) and “Qadam” (Arabic: اَلْقَدَم, lit.: The lower extremity of the leg below the ankl ... Read More The bones of the “Kaʿb” (Arabic: اَلْکَعْب, lit.: ankle) and “Qadam” (Arabic: اَلْقَدَم, lit.: The lower extremity of the leg below the ankl or foot such as: tarsal bones, metatarsals, and phalanges or toes), based on jurisprudential-narrative texts have special rulings (Arabic: أحْکام, romanized: aḥkām, lit.: rulings, plural of ḥukm “حُکْم”). The research on the scope of the inclusion of “Kaʿb” and “Qadam” bones is in order to identify the examples of the rulings of Dīya (Arabic: دیة; pl.: dīyāt, Arabic: دیات) for bone injuries caused to the titles mentioned in jurisprudential-narrative texts. The “Qadam” in an extensive definition, includes the bones after the ankle joint, which includes 26 bones. In general, the plantar bones, or in other words, the bones after the ankle joint, only the range of inclusion of the toe bones is definitively known, and the other plantar bones are in the range of the words of the heel or foot. In the set of bones in the foot or, in other words, the bones after the ankle joint, only the range of the toe bones is definitively specified, and the other bones of the foot fall within the scope of the terms “Kaʿb” and “Qadam”. Considering that al-ḥaqīqatu ash-sharʿiyya (Arabic: اَلْحَقیقَةُ الْشَّرْعیّة, lit.: It was established for a religious meaning during the time of the Prophet of Islam) and al-ḥaqīqatu al-mutisharriʿa (Arabic: اَلْحَقیقَةُ الْمُتِشَرِّعَة, lit.: The concepts or principles that have been established within Islamic jurisprudence or Sharīʿah) were not meant in the context of “Kaʿb” and “Qadam”, it was concluded, based on the texts of lexicon and al-fiqh (Arabic: اَلْفِقْه, lit.: “jurisprudence”) that “Kaʿb” is the same as the ankle and all the 26 bones after the foot joint, except for the 14 bones of the toes, which are included in the scope of the word “Qadam” and its related rulings, including the amount of blood money determined for the injuries inflicted on each of the bones of the “Kaʿb” and “Qadam”. Although the dīya (blood money) for certain bones, including the clavicle, has been considered by the legislator, the subject of this article has remained unaddressed despite the existence of narrative texts. This article examines the narrative texts, jurisprudential texts, legal texts, and forensic procedures in a library manner and presents legislative suggestions based on the results.

The Legislative and Judicial Criminal Policy of Iran Regarding Clemency Mechanisms in Non-Violent Crimes against State Security

Iman Shirzad pargoo; Hossein Aghababaei

Volume 21, Issue 27 , June 2024, , Pages 7-34

https://doi.org/10.30513/cld.2024.6362.2034

Abstract

The influence of teachings of criminal sciences on penal codes has led to the acceptance of mechanisms that exempt or mitigate punishment, aligning with utilitarian objectives and the ... Read More

Social Reintegration in Quranic Narratives within the Framework of Restorative Justice: A Case Study of the Stories of Cain, Pharaoh, and the People of Jonah

Maedeh Movaghari; Hosain Aghababayi

Volume 22, Issue 29 , May 2025, , Pages 7-40

https://doi.org/10.30513/cld.2025.7696.2202

Abstract

One of the fundamental challenges in criminal policy is how to design responses to offenses and the effectiveness or efficiency of such responses. Restorative justice, as a novel paradigm ... Read More One of the fundamental challenges in criminal policy is how to design responses to offenses and the effectiveness or efficiency of such responses. Restorative justice, as a novel paradigm in criminal policy and penal philosophy, emphasizes the participation of the offender, the victim, and the local community, favoring dialogue-based responses that focus on social reintegration of the offender and repair of the victim’s harm. In this context, Quranic teachings, by presenting diverse models of wrongdoers and repentant individuals, provide valuable insights for reconsidering modern approaches to criminal justice, particularly restorative justice. The present study examines the social reintegration of offenders through the lens of restorative justice by analyzing selected Quranic narratives. This study employs a descriptive–analytical methodology, drawing on exegetical, jurisprudential, and criminological sources, as well as content analysis of selected Quranic stories. The findings indicate that the Quranic narratives present different models of reintegration and its obstacles. For instance, Cain, due to a lack of responsibility and constructive remorse, represents a complete blockage of reintegration and restoration. Pharaoh, relying on despotic power and expressing belated remorse, illustrates another case of the failure of restorative strategies at the micro level. In contrast, the story of the People of Jonah presents a successful model of social reintegration at the collective level by collective acceptance of fault, repentance and constructive shame. As a result, according to the three quranic narratives it can be said that conditions of success or fail of restorative justice do not depend on a single factor. Internal Factors, including responsivity, constructive shame and acceptance of faut along with social factors, including the presence of restorative institutions, the atmosphere of pardon and collective collaboration along with structural factors like explicit warning of divine prophets all facilitate or prevent the way through rehabilitation and restorative justice.

The Commission of Strengthening the Peace: a New Achievement within the Limit of the Structural Amendment of the United Nations Organization

ebrahim beigzadeh

Volume 4, Issue 23 , June 2007, , Pages 13-26

Abstract

T he important disturbance of international community after the end of wars and armed hostilities is the establishing of peace and more severe than that establishing of permanent ... Read More

Crime Prevention in Criminological Theories and the Scope of Its Restrictions

Shahram Ebrahimi; Dr. E. Rajabi

Volume 7, Issue 13 , July 2010, , Pages 15-38

Abstract

I t is clear that society protects itself from crimes by preventing and repression. If crime prevention in its criminological sence (namely be out of penal system) is more ... Read More

Social Justice and Criminal Justice: Division or Connection

Hanieh Hozhabr alSadati; Muhammad Jafar Habibzadeh

Volume 11, Issue 8 , January 2014, , Pages 25-54

Abstract

The economic, political and social evolutions during the 1980s caused the criminal policies with emphasizing on the criminal strategies and separation from the scientific approaches ... Read More The economic, political and social evolutions during the 1980s caused the criminal policies with emphasizing on the criminal strategies and separation from the scientific approaches in crime control face excessiveness and additionally putting aside the welfare policies, they have separated from criminal justice also. For efficiency of social policies in enabling people to access social justice, it is necessary the relationship between these two concepts. Social justice does not occur without criminal justice and criminal justice without social justice is useless, inefficient and unfair. The most important reasons for distinguishing between social justice and criminal justice are neglecting the role of citizens for proposing social and criminal policies and granting the citizenship rights being bound to obey obedience laws, emphasizing on criminal policy for reduction and prevention of crime, separating the criminal policy organization from social and welfare ones, applying management skills and techniques in organization of criminal justice systems, emphasizing on the quantity of the system achievements instead of focusing on the enhancement of quality and also the absence of the common guiding principles or general principles to codify criminal and social policies toward a goal. Besides dignifying the criminal procedures, the relationship between social justice and criminal justice has a significant importance to prevent budget waste, human and material resources and time and causes the citizens access the equal opportunities. The other positive consequences of the relationship between these two concepts are the citizen interest to the community, increasing legal stability and occurring legality. Achieving these results cannot take place unless the practical principles to creating relationship between them are recognized. The principles are: recognizing all citizens and respecting their rights, redistribution of opportunities, resources and equipment in order to increase citizen participation in community, the balance of citizen responsibility and stability and holism (comprehensiveness) in policing.

The Analysis of Pyramid Schemes from the Perspective of Private Criminal Law and Comparing it with Network Marketing

H. Mir Muhammad Sadeqi; Muhammad Bagher Grayeli

Volume 11, Issue 7 , August 2014, , Pages 27-52

Abstract

One of aims and necessary needs of recent centuries in the realm of economy and creation of wealth is material resources which man with different thoughts and attitudes chooses different ... Read More

The Challenge of Justice and Efficiency in the Discourse of the Criminal Managerialism with Emphasis on the Law of Iran

Razieh Ghasemi Kahrizsangi; Muhammad Farajiha

Volume 12, Issue 9 , August 2014, , Pages 29-54

Abstract

Criminal justice systems are complicated systematized structures with goals and multiple applications which they have been confronted with profound challenges in recent decades. These ... Read More

Challenges Faced by the Avengers of Blood (Relatives of the Victim) in Exercising the Right to Qiṣāṣ

Mohammad Farajiha; Abbas Moradi

Volume 20, Issue 26 , November 2023, , Pages 29-74

https://doi.org/10.30513/cld.2024.5005.1814

Abstract

The right to punish the criminal in the form of qiṣāṣ (Arabic: قِصَاص, lit. “accountability, pursuing, or prosecuting”) has been fully granted to the heirs of ... Read More The right to punish the criminal in the form of qiṣāṣ (Arabic: قِصَاص, lit. “accountability, pursuing, or prosecuting”) has been fully granted to the heirs of the victim, who are the avengers of blood (relatives of the victim), following the revolution and the change in the legislator’s approach. This aligns with the Islamic penal system and the protection of victims. In contrast, prior to the Islamic revolution, the public aspect of intentional homicide (Arabic: قَتْلُ الْعَمْد, romanized: qatl al-ʿamd) completely prevailed over its private aspect. This action is considered as a kind of forgivable murder, assigning the right of punishment to the victim’s family, and thus strengthening the role of the victims of intentional murder in the criminal process. This action means assigning all the responsibilities resulting from the decision making and execution of the sentence to the avengers of blood. The main question of this article is: What effects and consequences does granting the right to qiṣāṣ to the blood avengers and involving them in the criminal process have? To answer this question, 18 cases of intentional murder were studied using the method of document analysis during the period from 1996 to 2021. Additionally, with the use of in-depth interviews, individual and group discussions were conducted with 23 family members of the victims and 7 active participants in the investigation of murder cases, including judges, lawyers, and individuals involved in mediation for murder cases. The findings of this research indicated that while granting the right of qiṣāṣ to the relatives of the victim can ostensibly provide solace to the victims, in practice, it may become a factor in creating conflict between the two families or within the local community. This situation can make the judicial process emotional, threaten the safety of the victims’ families, and result in increased psychological pressure, ultimately delaying their treatment and psychological healing. In this regard, it is necessary to take certain measures to overcome these challenges and reduce the destructive effects of this grant. These measures include systematizing restorative processes and consulting with the victim’s relatives to obtain consent, criminalizing any threats or harm to the victim’s family by the offender and their associates as a public crime against judicial justice, minimizing the presence of blood avengers (the victim’s relatives) and physical confrontations between the parties involved in the lawsuit, and removing legal requirements (operation of law) for the active participation of blood avengers or their representatives in the trial and execution of the sentence.

Jurisprudential Analysis of Article 590 of the Islamic Penal Code in Determining the Amount of Eyelid Diya (Blood Money)

Aref Hamdollahi; Mohsen Jahangiri; Abdolreza Asghari

Volume 16, Issue 18 , January 2020, , Pages 31-50

Abstract

The eyelids may be completely and separately removed. The contribution of each of the upper and lower eyelids in the payment of diyat and also the amount of diyat for the complete removal ... Read More

The Proportion of Liability of Drivers to the Degree of the Their Faults

Sayyed Ibrahim Ghodsi; Shahrouz Nowroozi

Volume 14, Issue 13 , August 2017, , Pages 33-56

Abstract

Crashes caused by driving and drivers of vehicles are very common in the recent years. After driving accidents, for determining the degree of liability, some theoreticians set the level ... Read More

Prevention of Recidivism through Artificial Intelligence; Requirements and Limitations

Shahram Ebrahimi

Volume 19, Issue 23 , August 2022, , Pages 33-54

https://doi.org/10.30513/cld.2023.4345.1701

Abstract

The astounding growth of the use of artificial intelligence in the fields of transportation, health and etc. is not hidden from anyone. Nowadays, the criminal justice system is also ... Read More

The Place of Mens Rea and Criminal Responsibility in the Definition of Crime

Fereydoon Jafari

Volume 19, Issue 24 , January 2023, , Pages 33-62

https://doi.org/10.30513/cld.2023.4840.1780

Abstract

Crime is the fundamental and first pillar of the four pillars (crime, offender, punishment and victim) of criminal law and it shows the importance of common norms and values so that ... Read More Crime is the fundamental and first pillar of the four pillars (crime, offender, punishment and victim) of criminal law and it shows the importance of common norms and values so that their violation is considered undesirable and unacceptable and is subject to punishments and reactions. In all national and international systems, one of the main functions of criminal legislatures is to define crime in a way that includes all its components and elements in a comprehensive and preventive manner. A brief view of Iran’s criminal acts from the Constitution era until now, confirms this task, because without any exception, the first attempt of criminal legislatures is to define crime in general. “Actus Reus” and “legal element or official expressions” are common elements of crime in the study of various definitions of crime all over the world, but the third mentioned element that is considered as one of the main components of crime in many books of criminal law (Mens Rea or mental element) consciously or recklessly is missing in crime definitions. Therefore, this basic ambiguity can be raised and, finally, crime has two elements (legal and material) or three elements (legal, material and mental). On the other hand, the relationship between the mental element and criminal responsibility in defining crime is unclear. Is criminal liability the other form of Mens Rea, or is criminal liability a subset of criminality and will essentially be the next stage after committing a crime? These key ambiguities are examined in this article and a new look is taken at the traditional and classical concepts of general criminal law. The research method in this article is analytical and descriptive and current and former acts and regulations and the expert views in this field have been reviewed and analyzed. The result of this study and analysis is the separation of criminality from criminal responsibility by resorting to imputability in which the mental element can also be explained.

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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