Criminal Law Doctrines - Articles List

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

Research Article

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.

Research Article

Pathology of Illegal Possession Offence with Emphasis on Case Law

Muhammad Hasan Hasani

Volume 19, Issue 24 , January 2023, Pages 63-94

https://doi.org/10.30513/cld.2023.4664.1750

Abstract

Pathology of illegal possession offence shows that there are some challenges. serious different opinions about whether this crime is conditional on the element of ownership or possession ... Read More

Research Article

Combinatory Responses in International Criminal Policy

Shahrdad Darabi

Volume 19, Issue 24 , January 2023, Pages 95-124

https://doi.org/10.30513/cld.2023.5111.1830

Abstract

The development of crime at the international level and the deteritorrial of globalized crimes and the convergence of human society in different areas of the globalization process, ... Read More

Research Article

Feasibility of Smuggling of Goods and Foreign Currency regarding Cryptocurrency Mining Devices and Cryptocurrency Exchanges: Legal Issues and Practical Procedures

Zahra Sakiani; Sayyed Abbas Vaezi

Volume 19, Issue 24 , January 2023, Pages 125-156

https://doi.org/10.30513/cld.2023.5200.1846

Abstract

The issue of cryptocurrencies and subjects related to it is one of the issues that needs to be determined at the governance level due to its special nature and significant benefits ... Read More

Research Article

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.

Research Article

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

Research Article

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

Research Article

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.

Research Article

Albert Camus’s Philosophical Reflection on the Rejection of the Death Penalty

Ahmad Falahi; Tahir Tawhidi; Shayan Akbari

Volume 19, Issue 24 , January 2023, Pages 295-326

https://doi.org/10.30513/cld.2023.4625.1744

Abstract

Inflicting pain and suffering on the human and imposition of punishment and special forms of it called execution has always been a philosophical topic in various fields; is imposing ... Read More

Research Article

The Jurisprudential and Legal Study of the Jobar Maxim

Muhammad Baqir Gerayeli; javad delavar

Volume 19, Issue 24 , January 2023, Pages 327-346

https://doi.org/10.30513/cld.2023.3618.1575

Abstract

One of the essential factors in the discussion of liability is the necessity of establishing a causal relationship. This requires that the resulting harm must be attributable to the ... Read More

Research Article

Constructing Mental Victimization: Its Factors and Effects from the Perspective of Interactional Criminology

Fatemeh Noori

Volume 19, Issue 24 , January 2023, Pages 347-381

https://doi.org/10.30513/cld.2023.4705.1756

Abstract

In many cases victimization is not rooted in real and objective experiences, Rather, it exists only in In many cases victimization is not rooted in real and objective experiences, ... 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)

Volume & Issue: Volume 19, Issue 24, January 2023, Pages 1-400

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