Criminal Law Doctrines

Research Article

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.

Research Article

Reconstructivist Theory's Approach to Democratic Criminal Law with a Focus on the Iranian Criminal Justice System

Hossein Gholami; Atieh Parsaeian

Volume 22, Issue 29 , May 2025, Pages 41-78

https://doi.org/10.30513/cld.2025.7341.2168

Abstract

The present article, adopting an analytical-comparative approach and with a brief reference to the Iranian criminal justice system, explores the capacities of Kleinfeld's Reconstructivism ... Read More

Research Article

State Crime’s Hidden Dimension under the Shadow of Labeling

Hossein Javadi hossein abadi; Hassan Poorbafrani

Volume 22, Issue 29 , May 2025, Pages 79-118

https://doi.org/10.30513/cld.2025.7455.2180

Abstract

The aim of the present study is to conduct a criminological analysis of state crime through the labeling theory. This theory emphasizes the constructed nature of criminal phenomena ... Read More

Research Article

The Obligations of the Judiciary of European States Regarding the Implementation of the Prohibition of Torture (A Study of the Case-law of the European Court of Human Rights)

Morteza Rasteh; Nasrin Mehra; Behzad Razavifard; Mahdi Sabooripour

Volume 22, Issue 29 , May 2025, Pages 119-166

https://doi.org/10.30513/cld.2026.7371.2173

Abstract

The European Convention on Human Rights, in pursuit of reinforcing and safeguarding the principle of human dignity, recognizes the prohibition of torture as one of the most fundamental ... Read More

Research Article

Crimes against security in light of the principle of quality of laws

Afshin Abdollahi; Azar Rezagholi

Volume 22, Issue 29 , May 2025, Pages 167-202

https://doi.org/10.30513/cld.2026.7087.2124

Abstract

The principle of quality of laws is one of the requirements of the principle of legality of crime and punishment which has gained more importance nowadays considering that criminal ... Read More

Research Article

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

Research Article

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

Research Article

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

Research Article

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.

Research Article

Law as a Tool and Challenge for Government Tax Collection; A Grounded Theory on the Behavior of Attorneys

Hassan Ghasemi Moghadam

Volume 22, Issue 29 , May 2025, Pages 353-392

https://doi.org/10.30513/cld.2025.7117.2130

Abstract

The purpose of this research is to explore the mindset and behaviors of attorneys at law regarding their obligation to pay taxes to the government. As defenders of the law, how do attorneys ... Read More

Research Article

Criminalization of Cyberterrorism Against the Security of Critical Infrastructure; Feasibility of Designing a Development Model within the Jurisdictional Framework of the International Criminal Court Statute

Peyman Namamian

Volume 22, Issue 29 , May 2025, Pages 393-430

https://doi.org/10.30513/cld.2025.7238.2148

Abstract

The commission of cyberattacks by terrorists, in addition to its growing impact on the economic, social, political, and security dimensions, poses the risk of violating the security ... Read More

Review Article

Juridical Analysis of Silence against escape of Prisoner or Detainee in light of the Principle pf Prohibition of Assistance to Sin (with emphasis on Articles 549 and 551 of the Islamic Penal Code, T’azirat Section)

Saeedeh Rangraz; Mohammad Adibi mehr

Volume 22, Issue 29 , May 2025, Pages 431-453

https://doi.org/10.30513/cld.2026.5066.1824

Abstract

Remaining silent when facing escape of a prisoner or detainee means that a person does not act against the escape despite knowing about it, either intending to help the fugitive or ... Read More

Requirements of Lawfare for the International Criminal Court and Its Paradigmatic Foundations

Volume 20, Issue 26 , November 2023, , Pages 379-412

https://doi.org/10.30513/cld.2024.5972.1982

Abstract

The analysis of legal institutions from various perspectives encompasses ideas that lead us beyond mere legal analyses and reveal points that may not be immediately apparent despite ... Read More

Examination and Analysis of the Article 7 of Tort Law

Volume 3, Issue 20 , June 2006, , Pages 3-22

Abstract

By virtue of law or as a result of an agreement a guardian can undertake the responsibility of custodianship or taking care of a minor or an insane person. If the guardians whether ... Read More By virtue of law or as a result of an agreement a guardian can undertake the responsibility of custodianship or taking care of a minor or an insane person. If the guardians whether legal –like parents- or contractual ones –such as hospital or nursery- fail to guard the minor or insane, they would be bound to compensate the losses or damages which were inflicted by them. If an illegitimate child inflicts losses upon others, whether his or her putative parent is responsible for the losses or not, there is a difference of opinion here.legislature (parliament) in the year 2001, an illegitimate child enjoys the whole rights that a legitimate child possesses. Of course, the only limitation for the illegitimate child is from the viewpoint of heritage. So, if an illegitimate child inflicts losses upon others, his or her putative parents are jointly and separately responsible to compensate the losses inflicted. According to article 1167 of the civil code of Iran “a child born of adultery shall not belong to the adulterer”, but in accordance with the supreme court decision as a unified judicial precedent N. 617 D. 3/4/1376 sh. The general council of justice of supreme court, regarded the adulterer as putative father of the child. Thus, the whole duties of a father including getting identity (birth) certificate are up to him. So, the corollary is that, if the putative father, who is regarded as a legal supervisor of the child, fails to guard him, where upon the minor inflicts losses upon others, then in accordance with the article 7 of tort law, it is up to the putative father (adulterer) to compensate the losses. If the guardian cannot afford to compensate the damages, then the losses would be compensated from the minor’s or insane’s property. Whether the minor or insane indemnify the losses personally or as a successor of the guardian, they are indemnified from his or her property, there is a difference of opinion. It seems that, after the compensation, the minor or insane party can refer to the guardian if he is solvent.

Criminalization in the Realm of Cryptocurrencies

Volume 18, Issue 21 , June 2021, , Pages 29-68

https://doi.org/10.30513/cld.2021.1420.1230

Abstract

The prominent characteristic of the third millennium and the age of information and communication of technology (ICT) can be looked speed and diversity in advances and innovations. ... Read More

Review the Validity of the Equality of Diyya for Women and Men in the Contemporary Period the Historical-Sociological Study

Volume 18, Issue 21 , June 2021, , Pages 171-194

https://doi.org/10.30513/cld.2021.2692.1424

Abstract

The Islamic jurisprudential decree of the inequality of diyya (Arabic: دیة; blood money that has to be paid for homicide and bodily injury when there is no retaliation) for women ... Read More

Doubt of the Islamic Legal Maxim of Dar’ (درأ) (Hudud Avoidance in the Case of Doubt) in the Law of Iran

Volume 17, Issue 20 , July 2020, , Pages 3-28

https://doi.org/10.30513/cld.2021.1451.1236

Abstract

The principle of Dar’ (درأ) as a assurance to protect defendants (the accused) from the imposition of punishment in the circumstances of doubt in their guilts. For the first ... Read More

Research Article

The Inefficiency of Mainstream Criminological Theories in Analyzing Rural Crime in Iran

Zahra Rastaei; Amir Paknahad; Mehrdad Rayejian Asli

Articles in Press, Accepted Manuscript, Available Online from 09 February 2026

https://doi.org/10.30513/cld.2026.7548.2192

Abstract

Criminological literature has historically been urban-centric, although crime and misdemeanor are not exclusive to urban areas. In mainstream criminology, which is the primary approach ... Read More

Research Article

The Criminal Jurisdiction of the Peace Court and Its Challenges

yassin hassani; sajjad abbassi

Articles in Press, Accepted Manuscript, Available Online from 24 February 2026

https://doi.org/10.30513/cld.2026.7508.2186

Abstract

Jurisdiction is a foundational principle in criminal procedure, as the authority to adjudicate a case is contingent upon its prior establishment. Non-compliance with jurisdictional ... Read More

Research Article

The Future of Institutionalizing Restorative Processes for Children and Adolescent Delinquency in Iran: A Case Study of the Special Police for Children and Adolescents Bill

Fatemeh Tolouee; Azade Sadeghi

Articles in Press, Accepted Manuscript, Available Online from 24 February 2026

https://doi.org/10.30513/cld.2026.7654.2197

Abstract

Objective:The Research goal is to analyze of legislator’s restorative approach intheSpecial Police for Children &Adolescents(SPCA)Bill from perspective of Restorative Justice(RJ)policies,aiming ... Read More

Research Article

Open or Closed Criminal Network in Criminal Policy (Conceptual Model)

Seyed Hossein Hosseini

Articles in Press, Accepted Manuscript, Available Online from 18 March 2026

https://doi.org/10.30513/cld.2026.8135.2247

Abstract

Criminal policy has traditionally paid limited attention to systemic relationships among institutions and actors. Using a network analysis approach grounded in Delmas-Marty’s ... Read More

Review Article

A reflection on becoming insane after committing a crime and before issuing a sentence A critique on note one of article 150 of the Islamic Civil Code and note two of article 13 of the Islamic Civil Code

Meysam Kohantorabi; Marziyeh Sabzyan

Articles in Press, Accepted Manuscript, Available Online from 18 March 2026

https://doi.org/10.30513/cld.2026.7464.2181

Abstract

According to Note 1 of Article 150 of the Islamic Penal Code, crimes are divided into public-rights (ḥaqq Allāh) and private-rights (ḥaqq al-nās). In the first, insanity blocks ... Read More

Research Article

The foundations and limits of the emergency legitimacy of torture in obtaining confessions from the accused from the perspective of Iranian jurisprudence and law.

s.Jafar Alavi gonabadi; Hosna Ezadpanah kazeme; ZAHRA ZORMAND BAFANDEH

Articles in Press, Accepted Manuscript, Available Online from 26 April 2026

https://doi.org/10.30513/cld.2026.5764.1949

Abstract

This study adopts a jurisprudential and legal approach to examine the legitimacy of applying physical and psychological coercion to extract confessions under conditions of necessity. ... Read More

Research Article

The Application of Restorative Justice Practices in Cases of Intentional Homicide Committed by Juveniles: Challenges and Strategies

Romina Doranipoor; Mohammad Farajiha

Articles in Press, Accepted Manuscript, Available Online from 26 April 2026

https://doi.org/10.30513/cld.2026.7646.2198

Abstract

Restorative justice, as an innovative approach in criminal policy—particularly in the context of juvenile justice—aims to repair the harm caused by crime and facilitate ... Read More

Research Article

The Status of Criminalization of Forgery and Abuse of Fingerprint Whitewashing in Iranian law

hasan hajitabar firozjaei

Articles in Press, Accepted Manuscript, Available Online from 26 April 2026

https://doi.org/10.30513/cld.2026.7742.2211

Abstract

One of the fundamental challenges facing Iranian legal doctrine and judicial practice is the issue of criminalizing fingerprint forgery or misuse of fingerprint whites; because despite ... Read More

Research Article

Juvenile Status offenses; effective or harmfull?

Mahbube Amini

Articles in Press, Accepted Manuscript, Available Online from 26 April 2026

https://doi.org/10.30513/cld.2026.7846.2223

Abstract

Status offenses are considered legal for adults based on a global criterion. Although the most important examples of status are school skipping, running away home, curfew, incorrigibility ... Read More

Research Article

Multilevel analysis of factors of sexual victimization of children and adolescents in cyberspace

mahmoud mahdavi; alireza ghaderi

Articles in Press, Accepted Manuscript, Available Online from 26 April 2026

https://doi.org/10.30513/cld.2026.8000.2238

Abstract

The central issue of the research is to identify various factors that facilitate or accelerate the process of child victimization in this complex environment. This research is descriptive-analytical ... Read More

Research Article

Feasibility study of the crime of theft regarding ornamental dogs in Iranian jurisprudence, law and judicial practice

hosein andalib; seyedamir sekhavatian

Articles in Press, Accepted Manuscript, Available Online from 27 April 2026

https://doi.org/10.30513/cld.2026.7632.2195

Abstract

One of the issues that has been raised in court cases is the theft of ornamental dogs. Some judges have ruled out the crime of theft in relation to these types of dogs, citing their ... Read More

Research Article

The approach of the Quran and visions in legislating the sentence of criminal intent

javad habibi tabar; Asadolah rohani

Articles in Press, Accepted Manuscript, Available Online from 29 April 2026

https://doi.org/10.30513/cld.2026.7454.2179

Abstract

قصد مجرمانه از موضوعات اختلافی فقه جرایی است. توجه فقها تاکنون بر استنباط حکم اولیه آن (حرمت) بوده است. ... Read More

Research Article

Comparative study of Criminal Mediation in Delinquency of Juveniles in the Iranian and German Juvenile Justice Systems

Mehri Barzegar

Articles in Press, Accepted Manuscript, Available Online from 05 May 2026

https://doi.org/10.30513/cld.2026.8187.2254

Abstract

Criminal Mediation is a favorable solution to diversion. This measure is in accordance with criminilogical studies. The programs of mediation have already been implemented in Germany ... Read More

Research Article

An Examination of ‘Other Inhumane Acts’ as One of the forms of Crimes Against Humanity with emphasis on the Jurisprudence of the International Criminal Court.

Mansoure Mohammadi; Hossein Mir mohammad sadeghi

Articles in Press, Accepted Manuscript, Available Online from 17 May 2026

https://doi.org/10.30513/cld.2026.7974.2233

Abstract

The International Criminal Court is the first and most important permanent judicial body established for the purpose of adjudicating international crimes. Among international crimes, ... Read More