https://cld.razavi.ac.ir/ Criminal Law Doctrines en daily 1 Mon, 21 Apr 2025 00:00:00 +0330 Mon, 21 Apr 2025 00:00:00 +0330 https://cld.razavi.ac.ir/article_2167.html 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. https://cld.razavi.ac.ir/article_2168.html 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 Theory in explaining the structural obstacles to realizing democratic criminal justice.Within this theoretical framework, which conceptualizes justice as communication, the transition from the traditional paradigm of "criminal law as control" to an institutional architecture based on the three principles of participation, transparency, and institutional balance is considered as the fundamental strategy for rebuilding public trust and repairing normative ruptures.The research findings indicate that these three principles stand in a dialectical relationship with one another, so that the absence or weakness of any of them disrupts the overall function of the criminal justice system. Ultimately, the conducted comparative analysis corroborates the proposition that legitimacy in the contemporary era is founded not on technical efficacy, but rather on the fairness of the processes involved in the production, execution, and supervision of penal power. https://cld.razavi.ac.ir/article_2184.html 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 and their connection to power structures. It explains how behaviors are criminalized based on  power, dividing crimes into those committed by the powerful and those by the powerless. It illustrates how numerous actions by ordinary citizens are labeled as criminal, while many harmful acts committed by elites—despite their significant social damage—are met with leniency and escape criminal labeling. This research adopts a descriptive-analytical approach. Through conceptual expansion of the key notions within labeling criminology, it seeks to analyze the phenomenon of state crime from a theoretical standpoint. applying labeling theory to state crimes reveals critical dimensions of how these crimes occur. Excessive labeling of citizens leads to the restriction of their rights and freedoms through over-criminalization, violating their access to civil, cultural, economic, and social rights. Conversely, selective labeling results in the non-criminalization of state crimes, making accountability difficult. Furthermore, the processes of dehumanization and devaluation—rooted in labeling perspectives—create fertile ground for victimization caused by state crimes. State crime can be understood as a product of the labeling/de-labeling processes driven by power. This dynamic purifies state delinquency while condemning innocent citizens, replacing a rights-based minimal criminal justice system with a maximalist, citizen-oppressive penal system. https://cld.razavi.ac.ir/article_2191.html 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 values of democratic societies, considering its absolute observance a hallmark of a civilized society. Within this framework, the European Court of Human Rights, as the principal authority for interpreting, supervising, and guaranteeing the protection of fundamental rights enshrined in the Convention, has, by virtue of Article 3 and through numerous judgments, elaborated on the various dimensions of the prohibition of torture. The Court has required the member states to ensure the effective implementation of this rule across all domestic institutions, particularly the criminal justice system, which plays a central role in safeguarding fundamental rights. Employing a descriptive-analytical methodology and drawing upon library and documentary sources, this study examines the Court’s case law concerning individual complaints against the national criminal justice systems of ECHR member states for violations of the prohibition of torture. The findings indicate that the Court, while establishing clear and specific criteria for practical realization of this rule, has imposed a series of binding obligations on national justice institutions. Chief among these are: the duty of judicial police to refrain from disproportionate or unnecessary force and from improper use of restraints or control measures; responsibility of judges to avoid imposing the death penalty and to limit life imprisonment; and the obligation of prison authorities to ensure minimum standard cell space and implement appropriate compensatory measures in cases of inadequate or disproportionate allocation.  https://cld.razavi.ac.ir/article_2180.html 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 laws have become technical and false interpretations have got more common. This has urged countries with novel law to incorporate this principle into their laws and even some transnational adjudicating courts have ruled ambiguous laws as invalid and non-adduceable. Applying an interpretative-analytical method, the issue has been examined in this article. The importance of this principle in crimes against security, specifically in countries such as Iran, which has provided several actions under the title of security offenses is doubled as lack of quality in these laws and their ambiguousness, along with the necessity of subjective interpretations which do not necessarily comfort with rules and principles of interpretation, give rise to the violation of personal rights and freedoms. Finally, it was concluded that in many of crimes against security in the Iranian legal system vague and equivocal phrases such as hostile, advertisement against the system, disturbing security of the country, prohibited places, broad disruption, conspiracy against national security and so on have been applied which are serious threats to the violation of the principle of quality of criminal laws. Accordingly, it has been suggested to provide the principle of quality of laws, like the principle of legality of crime and punishment in substantive laws, which might be a hope for amendment of laws and omission of vague phrases in criminal laws. https://cld.razavi.ac.ir/article_2098.html Punitiveness and tolerance approaches, rooted in different foundations, constitute two predominant paradigms in the systems of criminal law. The former emphasizes punishment and retaliation, leading to the perpetuation of an endless cycle of crime and punishment, while the latter, focusing on rehabilitation and reform, may forfeit some of the benefits of punishment and diminish the deterrent element. Although scholars argue that a rational combination of these two approaches brings us closer to justice, it may pose numerous challenges in balancing retribution and rehabilitation. Studies indicate that Islamic law's approach to the punishment for intentional homicide does not fall into either of these categorizations. Islamic jurisprudence, when addressing the retribution for this offense, initially establishes Qisas (retaliation) as the severest punishment while simultaneously encouraging the victim's heirs to forgive, symbolizing the pinnacle of mercy. Although adopting this dual approach may initially appear contradictory, the gradual process - First, considering it as Haq al-Nas and then trying to compensate and support the victim through his intervention in Proceeding - demonstrates the shrewdness and technicality of this process. Therefore, it can be argued that the rights of Qisas and pardon complement each other in Islam, and this duality aids in compensating for damages and creating better conditions for repairing the injuries inflicted upon the victim. Ultimately, the existence of the right to pardon and simultaneous attention to the victim, the offender, and society weaken punitiveness justice in favor of restorative justice. https://cld.razavi.ac.ir/article_2169.html 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 of the Islamic right wing, which believed in a less governmental intervention in the economy and privatization, emerged with the victory in the 1368 presidential election and the election of the Supreme Leader. The question is, what effects did the dominance of the new discourse have on criminalization? In this article, using a descriptive-analytical method, library study, and an interdisciplinary approach, we have examined the emergence of economic discourse during the so-called Constructivist era, the interaction of Iranian legislative criminal policy actors with each other, and the formation of economic criminal laws. The findings show that the change in discourse led to a change in the list of crimes and that the economic discourse prevalent during this period had a positive role in the criminalization of certain behaviors. The article suggests that the future economic plans of political factions should be discussed in economic working groups consisting of economic and legal experts, and in light of expert review, strategies to counter economic threats should be formulated in the form of non-criminal laws, and that necessary criminalization should be achieved only as a last step.  https://cld.razavi.ac.ir/article_2203.html Despite being among the most pressing issues confronting contemporary human society, international crimes have, for understandable reasons, received relatively little attention within criminological studies. The present study seeks to provide a criminological analysis of such crimes. Methodologically, this analysis is grounded in Georg Simmel’s theory of social forms, according to which the forms of sociation and conflict, along with their constituent elements, are theoretically explained in light of psychological and historical contexts. This theoretical framework offers an analytical foundation for understanding the emergence of international conflicts. The central concept derived from this analysis is the formation of a mental world in which the “self” is regarded as superior—on historical, national, racial, religious, or sectarian grounds—leading to the perception of the “other” as inferior. Consequently, an objective world of intolerance emerges, resulting in the denial, elimination, and violation of the other’s territory, identity, and physical and psychological integrity, culminating in the commission of international crimes. This theoretical framework helps explain the criminogenic dynamics behind, inter alia, the First and Second World Wars, the conflicts in Yugoslavia and Rwanda, and the genocidal acts committed against the Palestinian people. https://cld.razavi.ac.ir/article_2097.html 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. https://cld.razavi.ac.ir/article_2181.html 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 behave when faced with tax regulations? How might they utilize legal foundations and statutory strategies to prevent governmental tax collection? And what are the consequences of such behaviors? This study employs the Grounded Theory method to answer the above questions. In this regard, semi-structured interviews were conducted with 21 attorneys at law in Yazd Province during the year 2023. Following open coding, 433 concepts were identified. Subsequently, based on the similarities and differences among these concepts, they were categorized into 84 sub-categories. In the next stage, to outline the research paradigm, 13 main categories were extracted from the aforementioned categories. The challenge of governmental tax collection was considered the central phenomenon (main problem) of the research. The causes of this central phenomenon, such as the delegitimization of the government, along with the strategies employed by attorneys—such as seeking exemptions—and the resulting consequences, like legal formalism, revealed that "instrumentalization of the law against tax collection" is the core category that connects all obtained concepts and categories. The results of the research indicate that the government's lack of regulation in the realm of tax collection coincides with a form of lawlessness on the part of attorneys. On the one hand, the government lacks rule-based order, and on the other hand, attorneys tend to instrumentally use the law to avoid paying taxes. Such a cycle leads to the reproduction of the tax collection challenge in Iran. https://cld.razavi.ac.ir/article_2096.html 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 of critical infrastructures as strategic international targets. Therefore, the International Criminal Court (ICC) should expand its jurisdiction to address such crimes, thereby enabling a response to transnational threats affecting global security. To this end, reforms in the ICC Statute and the criminalization of cyberterrorism, particularly through the development of clear criteria for identifying, prosecuting, and punishing perpetrators of these crimes, as well as strengthening international cooperation in cybersecurity, are essential. In this context, this study, using a descriptive-analytical approach, aims to answer the question: "Is it feasible to design a model for expanding the jurisdiction of the ICC to address cyberterrorism against critical infrastructures?" Accordingly, the research first examines the feasibility of expanding the ICC’s jurisdiction in this area and its impact on international security, and then assesses the necessity of reforms in the ICC Statute for the criminalization of cyberterrorism and the design of a necessary legal model for identifying, prosecuting, and punishing the perpetrators of such crimes, in line with enhancing global security and facilitating international cooperation. https://cld.razavi.ac.ir/article_2202.html 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 not. Despite the legislator's specific attention to spiriting a prisoner or detainee and its criminalization in Articles 549 and 551 of the Islamic Penal Code (T’azirat Section) the silence against the escape of a prisoner has been neglected. This article applying analytical-critical method and adducing the rule of "prohibition of assistance to sin", studies feasibility of assisting by silence ;It extracts three juridical theories for the issue according to the necessity or non-necessity of the assistant's intention to the occurrence of the sin and the complete occurrence of the sin on the realization of the assistance to sin. Finally, considering the customary realization of the assistance to sin, the prohibition of the officer's silence is chosen, provided the realization of the prisoner's escape. Therefore, although the officer's intention is not provable by silence, considering the effect of the officer's silence in the escape in custom, according to the above rule, the prohibition is proved for the present issue, provided on the escape of a prisoner. https://cld.razavi.ac.ir/article_2231.html 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 to defining misdemeanor, urban crime serves as the theoretical framework. However, a critical examination of these theories reveals their inefficiency in addressing crimes in rural areas. Many theories in the field focus on large populations, cultural diversity, social class hierarchy, and social disorganization, which are predominantly found in urban areas. In contrast, rural areas are characterized by smaller populations, homogeneous cultures, ethnic-based social classes, and a strong sense of community. These differences have influenced crime patterns and led to area-specific offences. In rural communities, crimes related to the environment and rural economy, such as poaching, unlicensed wells, and changes in land use, are more common. This research employs a descriptive bibliometric approach to analyze the existing gap in mainstream criminological theories, revealing significant differences between rural and urban crimes and highlighting that rural crimes cannot be analyzed simply as an extension of urban crimes. Identifying the shortcomings of such theories enables a better understanding of rural crimes, leading to appropriate preventive measures. https://cld.razavi.ac.ir/article_2248.html 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 rules may result in the annulment of judgments by superior judicial bodies. The Peace Court, established following the enactment of the Dispute Resolution Councils Law on 22/06/1402, has altered the jurisdictional authority for certain offenses, including seventh- and eighth-degree crimes, traffic accidents, and workplace accidents. The adjudication of these offenses, previously under the purview of the Second Criminal Courts, has been transferred to the Peace Court. This transfer, however, has generated jurisdictional conflicts among criminal authorities in cases involving multiple offenses or multiple grounds for liability. It has also created ambiguities regarding: the authority to authorize renewed prosecution, the enforcement of the Peace Court’s criminal judgments, and indirect jurisdictional conflicts along with the temporal scope of jurisdictional application. Through an analysis of existing legislation and judicial practice, this study demonstrates that these ambiguities can be resolved by: identifying explicit statutory provisions for various crimes, determining the principal offender in cases with multiple causative factors, adopting a restrictive interpretation of the Peace Court’s jurisdiction, and clarifying the Court’s responsibilities throughout all stages of criminal proceedings. https://cld.razavi.ac.ir/article_2249.html 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 to derive insights that enhance the effectiveness of restorative processes during thebill’s approval inthe Islamic Parliament of IRI.Method:The research employs descriptive-analytical methodology,case studying theSPCA Bill and comparing it with RJ policies implemented by leading nations.This approach aims to identify themost prominent restorative policies implemented bythebill.Results:This study finds that ambiguity in applying multiple restorative methods aims to specialization mediation for supporting youth.Given the changing role of police inthe adaptive model from facilitator to referrer,thebill's assignment of major agency to police in facilitating restorative processes demonstrates the legislator's thoughtful initiative,although it highlights thelack of mechanisms to respond to negative outcomes in police-led restorative processes.Referral challenges include inconsistent acceptance of consent by the parties,lack of oversight of judicial referrals,and potential issues during preliminary investigations.Ultimately,the pioneering distinctions of Iran's restorative policymaking are highlighted while taking future challenges into account.Conclusions:The results indicate that to effectively implement RJ,thebill requires fundamental revisions,including clear criteria for process selection,specialized training for facilitators and referring authorities, strengthening restorative culture in criminal organizations,unifying the legislator’s approach to party consent in referrals,ensuring oversight of referral system,and adopting appropriate mechanisms for violent crimes. https://cld.razavi.ac.ir/article_2267.html Criminal policy has traditionally paid limited attention to systemic relationships among institutions and actors. Using a network analysis approach grounded in Delmas-Marty’s conceptual framework, this article examines the criminal justice network as a systemic, relationship-oriented structure whose functioning depends on the organization of relationships, data flows, and power distribution. The central question concerns the mechanisms through which the criminal network operates as open, closed, or relatively open, and the role of intervening factors in shaping these forms. Using an analytical-descriptive method based on conceptual and institutional analysis, the study demonstrates that openness and closure constitute a spectral phenomenon that varies according to the type of actor, the stage of the criminal process, and the nature of the crime, and therefore cannot be reduced to a rigid binary. Examining the positions of the accused, the victim, and civil society reveals that the degree of participation or restriction of each directly affects network permeability, interaction flows, and the concentration or distribution of decision-making power. Accordingly, an open criminal network corresponds to the democratic state–society model, while a closed network aligns with a closed governance model. Network analysis is therefore presented as an effective tool for understanding and evaluating criminal policy. https://cld.razavi.ac.ir/article_2268.html 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 prosecution, but in the second, proceedings continue despite mental incapacity. Note 2 of Article 13 of the Code of Criminal Procedure adds that if the accused is insane or unconscious, and even after recovery cannot defend themselves, their guardian must appoint a lawyer, or otherwise a public defender is assigned so the trial proceeds. The author criticizes this approach as inconsistent with jurisprudential rules and ethical principles, calling it prejudgment and a violation of the right to defense in a fair trial. The study recommends abolishing the distinction between public and private rights in such cases and suspending prosecution whenever the defendant is mentally incapable. To protect victims, however, civil damage claims could still be heard through appointed or assigned counsel. Any ruling against the accused could then be enforced under rules for in absentia judgments, using suitable guarantees. This proposal ensures both the defendant’s right to defense and the protection of victims’ interests. https://cld.razavi.ac.ir/article_2288.html 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. Using a descriptive–analytical method and based on Islamic legal and statutory sources, the author first outlines opposing views on prohibition and permissibility, affirming the primary rule of the prohibition of torture. Subsequently, drawing upon principles such as preserving public order, safeguarding societal rights, the rule of greater interest (qa‘idat al-ahamm), and the interpretative theory of the Guardian Council, the research justifies secondary permissibility of coercion strictly within the limits of necessity. By avoiding the extremes of absolute prohibition and unrestricted permissibility, this study proposes a balanced, restrictive approach that may provide a theoretical basis for revising interrogation regulations and developing necessity-based legal provisions within the Islamic criminal justice policy framework. https://cld.razavi.ac.ir/article_2289.html 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 the social reintegration of offenders. However, its application in serious crimes, especially homicide committed by juveniles, faces significant challenges. This study aims to identify and analyze the obstacles to implementing restorative justice in juvenile homicide cases and to propose solutions tailored to the specific characteristics of this age group.The research adopts a qualitative methodology, based on document analysis, a review of ten relevant cases, and in-depth interviews with ten judges and practicing attorneys.Findings indicate that the lack of parental guidance during the restorative process, cognitive developmental limitations, difficulties in accepting criminal responsibility by juvenile offenders, and the tension between supporting the juvenile and addressing the demands of victims’ families are major juvenile-centered challenges in applying restorative justice in such cases.The study concludes that successful implementation of restorative justice in juvenile homicide requires the design of mechanisms for guided parental involvement, integration of supportive and restorative considerations within judicial procedures, and the development of specialized guidelines for this context. https://cld.razavi.ac.ir/article_2290.html 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 referring to the words "signature or seal" in the criminalization of forgery (Article 523 of the Criminal Procedure Code of 1375) and misuse of seal whites or signature whites (Article 673 of the Criminal Procedure Code of 1375), the legislator is silent about fingerprints. Therefore, considering the affirmative aspect of fingerprints in Iranian judicial practice, there is an ambiguity as to whether fingerprints can be considered as signatures or not? Using a descriptive-analytical and library method, while expressing various viewpoints, the author believes in accepting the viewpoint that forgery of fingerprints of all individuals, whether illiterate or literate, whether unable or able to sign, and also misuse of fingerprint whites of these individuals is a crime. Of course, this view has also been accepted by the legislator in the draft bill to amend Chapter 5 of the Islamic Penal Code (Tazirat) 1403. https://cld.razavi.ac.ir/article_2291.html 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 and the consumption of beverages and drug, the scope of criminalization might be tied with the cultural and societal spheres of societies. Applying comparative research method, this research describes advanced juvenile justice models of the US and England based on famous approaches of welfare and justice to find the consequences of de/criminalization. After all, it considers these misbehaviors in Islamic criminal Act 2014, juvenile protection Act 2020 and regulations enacted by ministry of welfare and social security, as well as, judicial practices. Based on the research results, welfare based approach with its capacity to suit with various circumstances may be effective. In addition, status offenses are deemed to be harmful inter alia for juveniles and criminalization not also increase the harmful consequences for both families and criminal justice system, but also may not protect society as a whole. Thus, it is a must for courts to shape semi/unitary treatment based practices with stablishing mechanisms by the judiciary system as well as making reforms towards the age of criminal maturity by the parliament. https://cld.razavi.ac.ir/article_2292.html 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 in terms of methodology. The dominant approach in this research is meta-analysis of pre-existing data. Data collection was carried out through a systematic review of documents and a library method. For this purpose, a variety of information sources were used, including written and digital sources, scientific research articles, academic theses, domestic and international reports, as well as reputable scientific databases.The findings of the study show that cyber sexual victimization of children is the result of a complex interaction of several key factors: internal factors, including individual characteristics such as age, gender, and virtual lifestyle, and psychological factors such as sexual curiosity and thrill seeking; and external factors, including community-based factors such as the socio-economic level of the family, the cultural gap in media and sexual literacy education and training, and development-based factors such as the quality of family relationships and the type of socialization of the child. By providing a comprehensive analysis of the multi-level factors affecting this phenomenon, https://cld.razavi.ac.ir/article_2293.html 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 "lack of religious property". However, some other judges, citing the application of Article 267 of the Islamic Penal Code, consider the subject of theft to be "absolute property," both customary and religious, and since, according to custom, these types of dogs have property, they consider the crime of theft to be true in their case. opinions. examine the jurisprudential and legal foundations of the issue. The main question facing the research is: "What are the jurisprudential and legal foundations of the crime of theft in the case of ornamental dogs?" Given that these ornamental dogs are examples of non-domesticated dogs and their buying and selling is permissible, and also that in the hadiths, a blood money is prescribed for killing these dogs, indicating an obligation on their property, as well as the right of appropriation regarding impure objects, the crime of theft can be considered conceivable and realized regarding these dogs, and civil and criminal liability is considered to be directed at the perpetrators. https://cld.razavi.ac.ir/article_2296.html قصد مجرمانه از موضوعات اختلافی فقه جرایی است. توجه فقها تاکنون بر استنباط حکم اولیه آن (حرمت) بوده است. از ادله و حکم ثانوی آن تاکنون بحثی نشده است. افزون براین، دراستنباط از ادله هم کم دقتی ها و ناسازگاری هایی دیده می شود. از جمله ادله اولیه و ثانویه متعارض تلقی و قاعده «الجمع مهما امکن» جاری دانسته شده است. در حالی که فرض تعارض و جمع دلالی میان این دو سنخ از ادله موضوعا منتفی است. هدف تبیین رویکرد قرآن و روایات در تشریع احکام اولیه وثانوی موضوع با روش توصیفی- تحلیلی است. این نوشتار با واکاوی ادله، به دو تشریع مستقل در موضوع دست یافت که هر یک دارای ماهیت، مبانی و کارکرد های متفاوتی است. آیات و روایات در تشریع اولیه، قصد مجرمانه را حرام و منشا استحقاق کیفر از جمله حد و تعزیر دانسته است. اما در تشریع ثانوی عفو مومنین مهمتر تلقی شده است. با این دو تشریع اولیه و ثانویه، تعلیل فقهی رکن معنوی جرایم عمدی امکان پذیر و جرم انگاری در مصادیق اختلافی حقوق کیفری (مقدمه جرم، شروع به جرم، جرم عقیم و...) قاعده مند می شود. https://cld.razavi.ac.ir/article_2306.html 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 since 1984 and the provisions have been provided in Criminal, Criminal Procedure, Juvenile Courts Codes and Mediation guidelines. In Germany various sorts of mediation have been recognized, namely mediation order as a tool for diversion and mediation as the independent legal consequence of juvenile delinquency in sentencing tier. in Iran there is only one sort of mediation and the spectrum of mediation would be increased according to the Bill of Specific Police of Juveniles. In Contrast,, in Germany there is no limitation in the sort of referable crimes to mediation. Some other differences include the plausibility of reckoning persons between 18 to 20 years old as juvenile, referring to mediation in all stages of prosecution, interrogation, proceeding and execution of the verdict, unnecessity of direct confrontation between the criminal and the victim and proceeding-based nature of mediation. in Germany the statistics of mediation is published periodically. However, the country has faced challenges in financing mediation programs and their low popularity. The Iranian Policy makers can benefit from solutions of these challenges. https://cld.razavi.ac.ir/article_2324.html The International Criminal Court is the first and most important permanent judicial body established for the purpose of adjudicating international crimes. Among international crimes, crimes against humanity have gained particular importance because they are committed against civilian populations who lack the means to defend themselves, on ethnic, racial, religious, and similar grounds, and because they may be perpetrated both in times of armed conflict and in times of peace. These crimes encompass a wide range of acts, including murder, sexual violence, torture, forced transfer of population, and others. Ultimately, due to the unlimited nature of the forms of crimes that may be committed by human beings, other inhumane acts similar to those mentioned above are also recognized as instances of crimes against humanity. At first glance, the inclusion of this category may appear contrary to legal principles due to its vagueness and broad scope; however, upon closer examination of the jurisprudence of international courts and their reliance on analogous inhumane acts, the necessity of such a provision for the more effective administration of justice becomes evident. https://cld.razavi.ac.ir/article_2327.html The advancement of new technologies has led to development in various dimensions of human life, including legal systems; however, the judicial systems of Iran and Afghanistan face serious challenges in accepting new evidence as an independent means of proving a crime. The present study, which uses a comparative-analytical method to examine the legal and judicial challenges of new evidence in the laws of the two countries, seeks to answer the question of what are the most important legal and judicial obstacles to accepting new evidence in the two countries?Therefore, we seek to examine the factors that prevent the promotion of the status of this evidence to an independent reason and degrade it in the level of judicial authority.The findings of this study show that obstacles such as insufficient clarification in laws, weak technical infrastructure, and lack of specialized training for judges exist in both countries.Also, keydifferences in their jurisprudential foundations, such as the rules of Imamiyya jurisprudence in Iran and Hanafi jurisprudence in Afghanistan, have a direct impact on the validity of modern evidence.Therefore, tofully exploit the potential of modern evidence to achieve criminal justice,it seems necessary to review formal laws, develop validation criteria, and provide specialized training for judges https://cld.razavi.ac.ir/article_2328.html The criminals' sense of security that the biological network is not disrupted and that their rights are being exercised can be considered one of the reasons for committing frequent robberies in Iran.the ineffectiveness of corporal punishment and imprisonment has also been proven based on numerous studies.it seems necessary to look at changing the punishment for theft in Iran.since the right to property is the most appropriate common instance between the biological network and the rights of thieves with regard to the subject of theft,The present study focuses on determining restrictions on the exercise of this right as a punishment for theft.some commentators have interpreted the Quranic word"nakal"as the disgrace of the thief,and victim satisfaction has been identified by some researchers as the ultimate goal of the Shari’a legislator in punishing theft.These principles justify the aforementioned view.In Iranian criminal law,on the one hand,Shi’a jurisprudential doctrines, include the principle of Yad,the principle of the Guardianship of the Jurist,and the real Shari’a meaning of the term“hadd”,and on the other hand,various provisions in the Islamic Penal Code are evidence of this opinion.the prohibition of possessing a checkbook or issuing commercial instruments as stipulated in clauses(c)and(v)of Article23,as well as clause(v)of Article 20 concerning legal persons. https://cld.razavi.ac.ir/article_2329.html پژوهش حاضر به روش کیفی و با رویکرد توصیفی-تحلیلی انجام شده و داده‌های مورد نیاز، افزون بر منابع کتابخانه‌ای، از طریق مصاحبه‌های عمیق نیمه‌ساختاریافته گردآوری شده‌اند. یافته‌ها نشان می‌دهد که پدیده سهم‌خواهی پزشکان از شرکت‌های دارویی ذیل عنوان «انجام اعمال خلاف شئون پزشکی» بر اساس ماده ۶ آیین‌نامه انتظامی رسیدگی به تخلفات صنفی و حرفه‌ای شاغلین حرفه‌های پزشکی و وابسته مصوب ۱۳۹۰ و مستند به مواد ۳۴ و ۳۵ راهنمای عمومی اخلاق حرفه‌ای شاغلین حِرَف پزشکی و وابسته سازمان نظام پزشکی، تخلف انگاری شده است؛ با این حال، پاسخ‌های انتظامی موجود در این زمینه فاقد کارآمدی و اثربخشی لازم تشخیص داده شده‌اند.