Criminal Law Doctrines - Articles List

Iranian National Tax Administration (INTA) made the prosecution of tax crimes subject to the implementation of the internal bylaws (by-law or code of conduct) of the implementation ... Read More

Research Article

Analysis of the Fundamentals of the Extinction of Qiṣāṣ with Murderer’s Reconversion After the Crime (Note 2 of Article 310 of the Islamic Penal Code)

seifollah ahadi; m mo; sh ab

Volume 20, Issue 25 , July 2023, Pages 39-60

https://doi.org/10.30513/cld.2024.3357.1530

Abstract

There are conditions for qiṣāṣ (Arabic: قصاص, lit. 'accountability, following up after, pursuing or prosecuting') in the Islamic Penal Code that cannot be applied without their ... Read More

Research Article

Estatabeh in Imam Ali's criminal policy

Qasem Islaminia; Gholam Hassan Koushki; Davoud Seifi Qareh Yataq

Volume 20, Issue 25 , July 2023, Pages 61-92

https://doi.org/10.30513/cld.2023.5357.1876

Abstract

One of the remarkable institutions of Islamic criminal jurisprudence, which causes the active presence of the accused and the criminal, in the field of determining the judicial fate ... Read More

Research Article

The Effect of Linguistic Diversity and the Right on Translation in the Realization of Fair Trial in International Criminal Proceedings

Heidar Piri

Volume 20, Issue 25 , July 2023, Pages 93-126

https://doi.org/10.30513/cld.2023.5332.1868

Abstract

Realization of justice in international criminal proceedings requires objective criteria and standards due to the multilingual nature of this process. The right to a fair trial includes ... Read More Realization of justice in international criminal proceedings requires objective criteria and standards due to the multilingual nature of this process. The right to a fair trial includes a number of technicalities (procedurals) designed for the criminal justice process as an umbrella guarantee. Some aspects of this guarantee are directly related to the language. Language is both a means of doing justice for all the rights of the accused (prosecute claim) and one of the criteria for the realization of a procedural justice by providing free interpreter assistance in situations where the accused does not understand or cannot speak the working language of the court. The right for having an interpreter for such defendants is recognized both as a conventional international rule and is visible in the statutes of the International Criminal Courts, but the mere expression of this right without proper and practical application does not guarantee the right to be respected in international proceedings. Therefore, the question that is raised is what role does language and interpreter as a communication factor play in realizing a fair trial in the international criminal justice system that is full of multilingual proceedings. The author believes by following the legal doctrines, documents and judgments of international criminal courts that the right of a defendant who does not speak the working language of the court to have an interpreter is not only closely related to all the principles of fair trial and defense rights of the accused, but in fact, failure to observe this right can mean a violation of other formal principles in the trial. The logic of this right lies in effective communication by enabling the accused in order to protect the accused against arbitrariness and the minimum guarantees of a fair trial, especially where the trial is conducted in more than one language which has provided a hopeful structure for prosecuting claim of linguistic rights in criminal proceedings.

Research Article

Risks of Domestic Violence Against Women and Preventive Solutions of It

Niusha Taqizadeh; Hossein Aghababaei; Muhammad Reza Nazarinejad

Volume 20, Issue 25 , July 2023, Pages 127-152

https://doi.org/10.30513/cld.2023.5229.1851

Abstract

Domestic violence or abuse of women has exposed victims to serious risks as a pervasive phenomenon around the world. The latter judicial strategies are not effective in confronting ... Read More

Research Article

Evaluation of Lenient Institutions in Iran’s Criminal Policy (By Emphasis on Extreme Expansion and Inefficient)

Hadi Rostami

Volume 20, Issue 25 , July 2023, Pages 153-178

https://doi.org/10.30513/cld.2023.1735

Abstract

Lenient institutions, which encompass a wide range of exempting and mitigating provisions have a long history of playing a role in Iran’s criminal policy. The tendency towards ... Read More

Research Article

Requirements for Establishing an Expanding Confiscation System in Light of the Recommendations of the Financial Action Task Force and Its Reflection in the Legal System of Iran

Hossein Sobhani

Volume 20, Issue 25 , July 2023, Pages 179-222

https://doi.org/10.30513/cld.2023.4639.1747

Abstract

Macroeconomic organized and systematic crimes such as money laundering require an organized and coordinated response to its type. The Financial Action Task Force (FATF) as the most ... Read More Macroeconomic organized and systematic crimes such as money laundering require an organized and coordinated response to its type. The Financial Action Task Force (FATF) as the most specialized organization in this area of crime has proposed one of the ways to deal with the mentioned crimes through the components of the system of expropriation (confiscation) and also temporary measures under the recommendation of the optimal performance document (records) for confiscation as well as the guidance document of judges and prosecutors. We will examine in this study what are the fundamentals of the expanding confiscation system? What are the components and types of this expanding confiscation system from the perspective of the Financial Action Task Force? How are the components of the extended confiscation system reflected in Iran’s legal system? And what requirements must the confiscation system in Iranian law be enjoyed in accordance with the requirements of the Financial Action Task Force (FATF)’s extended confiscation system? The globalization of crime and the desperation of criminal justice system are the most important foundations for the emergence of the expanding confiscation system. The “crimes of particular origin and source (criminal lifestyle),” “legal assumptions,” “mitigating substantive proofs” and “litigation exchanging” form four components of the system of expropriation in reviewing the documents of the Financial Action Task Force. The mentioned components can be different depending on the type of confiscation. Extended confiscation (expanding confiscation) is divided into three types: criminal extended confiscation, civil extended confiscation and administrative extended confiscation. In Iran’s legal system, the “law related to dealing with the property of ministers and employees Act 1959,” “the anti-money laundering (amendment) act 2017” and the “Law of Adding Articles to the Law on How to Implement Article 49 Act 2020” which are the closest system of extended confiscation to the system of confiscation can be seen. The most important damages of the legal system governing the extended confiscation in Iran, in accordance with the standards of the FATF can include: 1) lack of prediction of administrative extended confiscation, 2) absence of the components of the crimes of particular origin and source (criminal lifestyle) and legal assumptions in the detailed criminal confiscation, 3) ambiguity in the standards of the “Principle of Equality of Arms” and 4) and ambiguity in the litigation exchanging criterion and mitigating substantive proofs. It should be noted that this research is done by descriptive-analytical method and library method is used in collecting resources.

Research Article

A Comparative Study of Aggravating Punishment Factors in Sexual Offences Against Juvenile and Adolescents in the Criminal Law of Iran, France and Canada

Seyyed Hesam SEYYED ESFAHANI

Volume 20, Issue 25 , July 2023, Pages 223-264

https://doi.org/10.30513/cld.2023.5396.1883

Abstract

Most legal systems in the light of international instruments, especially the International Convention on the Rights of the Child (1989) adopt a protective approach in their criminal ... Read More

Research Article

Delegating of Punishment to Legislator from the Perspective of Psychological Teachings

SHIRIN Shiehzadeh; Hossein Mir Muhammad Sadeqi; Abbas Sheikholeslami; Hamid Reza Mirzajani

Volume 20, Issue 25 , July 2023, Pages 265-296

https://doi.org/10.30513/cld.2023.5209.1850

Abstract

Punishment and power are in a process of reciprocal interaction as two social institutions derived from human behavior. Power determines punishment and punishment determines the scope ... Read More

Research Article

Investigating the Evolution of Corporal Punishment Reactions in the Society of Afghanistan from the Perspective of Cultural Sociology

Fayz Muhammad Fahimi Rasa; Sayyid Muhammad Javad Sadati; Abdolreza Javan Jafari Bojnordi

Volume 20, Issue 25 , July 2023, Pages 297-324

https://doi.org/10.30513/cld.2024.5428.1888

Abstract

The commutation of violent corporal punishment is a process that in most countries has taken place or is taking place. Afghanistan is not an exception to this rule and there have been ... Read More

Research Article

The Impact of Political Events of the Decade of 1320 Solar Hijri on Iran’s Legislative Penal Policy

Saber Qamar Tabar; Mohsen Eini

Volume 20, Issue 25 , July 2023, Pages 325-352

https://doi.org/10.30513/cld.2023.5290.1857

Abstract

The political events of 1320 Solar Hijri have had obvious effects on Iran’s legislative penal policy. The present research has no hypothesis based on grounded theory and exploratory ... Read More

Research Article

Vehicular Searches by the Police: Conflicting of Police Procedures with Law-Based Investigations

Sayyid Sajjad Kazemi; Sajjad Danesh Ara; Sayyid Reza Ehsanpour

Volume 20, Issue 25 , July 2023, Pages 353-397

https://doi.org/10.30513/cld.2023.5089.1827

Abstract

Vehicular searches at the checkpoints and police stations are the best examples of the conflict between the practical procedures of police with law-based investigations. The present ... 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 20, Issue 25, July 2023, Pages 1-398

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