Criminal Law Doctrines - Articles List

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

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 22, Issue 29, May 2025, Pages 1-453

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