List of Articles Criminal Law

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  1 - Investigation of the Basis of Transformation Legitimacy with the Quranic Approach - Validity And its effects in the teachings of criminal law
  hosein khorshidi mohamad hosein shabani
  In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and More

  In the subject of sex change, we are faced with the lack of narration in the Holy Qur'an and narratives, as well as the silence of the legislature, but the most prominent features of Imam's jurisprudence are the ability and ability to attend in all fields of science and new and new issues, and contemporary jurisprudents according to two principles of dynamism And the definitive trust in the religious texts and sources has kept the light of the intellect clear and this has led to the development and development of jurisprudence. Therefore, in this article, based on the authoritative sources of Islam and the principles of the criminal law, through analytical and descriptive methods The study of the legal basis of the legitimacy of gender change has also been studied, as well as the effects of the legitimacy of sex change. Iran's current criminal law the notion of order under scrutiny. The jurisprudential foundations of the legitimacy of the issue of gender change are twofold: first category; absolute legitimacy; second class; conditional legitimacy; according to the authors, the viewpoint of contingent legitimacy is in accordance with medical and legal principles, and also in criminal matters, according to the principle of interpretation in favor The accused and the subtle interpretation of the criminal law, in every matter that there is a suspicion of the accused in the sex, the criminal laws are assisted by the accused and adopt a gender that does not respect him or her, and also by changing sex from male to female, The current woman will be in the women's sentences, and the woman will also be the man after the change of sex; the principle is that in case of committing a crime The works and will be a new gender rules. Manuscript profile
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  2 - Iran's penal policy towards providing security for children in cyberspace
  Seyed Abbas Khalilpour Chalkiasari
  The astonishing advancement of information technology in the early years of the twenty-first century has brought about countless changes in the various fields and opened another door to the new world so that all human economic, social, political, cultural and scientific More

  The astonishing advancement of information technology in the early years of the twenty-first century has brought about countless changes in the various fields and opened another door to the new world so that all human economic, social, political, cultural and scientific activities are fundamentally changed. Law is also a branch of the humanities that regulates human relations in the context of collective life. It has developed laws to prevent children from unsecured entering the virtual world and legal measures to protect them. Adopting a distinct approach to the substantive criminal law of cybercrime can minimize harm to children and adolescents by prevention. In the meantime, questions and doubts have been raised about the limits of freedom of use of the Internet for children, the limits of free flow of information against child users, protection of child privacy in cyberspace and finally the role of legal regulations to protect this vulnerable group that easily can be exploited in this boundless world. In this research, through data collection tools and using library and internet resources with rational analysis of the content to study the legislative policy of criminal law on criminal security for children in cyberspace, in comparison with the iranian legal system and international documents, in order to better confront and prevent these crimes, the issues and problems and the strengths and weaknesses of the enacted laws are presented and suggestions and solutions for solving these problems are discussed. Manuscript profile
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  3 - Manifestations of differential penal policy towards child victims with a look at the Child and Adolescent Protection Law adopted in 2020
  bahram jafary
  Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and prec More

  Child victimization poses a dire threat to the most sensitive and important assets of society. Accordingly, in international documents and domestic laws, differential policies have been adopted to prevent victimization while limiting and eliminating its effects and preclude secondary child victimization. Using the library and descriptive method, the present study, with emphasis on the Child and Adolescent Protection Law, attempts to discuss the aspects of the differential policy approach aimed to protect child victims in the iranian legal system. The results indicate that there were scattered, yet inadequate, regulations protecting children in various substantive and formal aspects in the past; However, while developing the scope of differential protecting regulations, the enactment of the Child and Adolescent Protection Law in 2020 has provided considerable preventive and monitoring- oriented views, especially through making legal intervention in favor of children and adolescents that are at risk or victimization. It can be said that this law clearly factors in differential policies including determining several crimes and specific punishments aimed at protecting children and adolescents and considering special institutional, disciplinary and judicial organizations with the aim of managing, preventing and dealing with child victimization and limiting its effects. Manuscript profile
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  4 - A comparative study of offenses against judicial justice from the viewpoint of Quran and Iranian criminal law
  فتح الله  نجارزادگان
  Objective (s): Judicial Justice is an important branch of social justice the implementation of which has been regarded in Quranic teachings as one of the main objectives of the mission of prophets of God. Judicial justice means upholding the law and respecting the right More

  Objective (s): Judicial Justice is an important branch of social justice the implementation of which has been regarded in Quranic teachings as one of the main objectives of the mission of prophets of God. Judicial justice means upholding the law and respecting the rights of those being judged while judging them Obviously, any action which hinders implementation of justice is considered as offense against judicial justice. There are numerous verses in the Quran which emphasize implementation of judicial justice and clearly prohibit any actions that hamper it. In Iranian Law, however, such offenses have been broadly defined and there is no unified and cohesive policy about them. This research examines the concept of offence against judicial justice, determines the examples of such offenses in view of the Quran and Iranian criminal law, and finally evaluates the approach of lawmakers with regards to such offenses. Method: A descriptive-analytic method has been used in this study through directly referring to sources in libraries and reliable websites as well as conducting interviews with professors of law and Fiqh (Jurisprudence) Conclusion: Judicial justice is an important branch of social justice means upholding the law and respecting the rights of those being judged while judging them. There are numerous verses in the Quran that emphasize the need for implementing judicial justice and prohibit any actions that hamper it. Accordingly, Iran’s criminal law has predicted relatively strict punishments for those committing such offenses. Manuscript profile
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  5 - The United States of America and the International Criminal Court in Barack Obama Period: An Abstention or a Possibility
  رضا  موسی‌زاده Hadi Golriz
  The relationship between the United States and the International Criminal Court is a combination of confrontation and tension in various aspects, including legal considerations, political, national and security concerns and strategic interests. The existing tensions in More

  The relationship between the United States and the International Criminal Court is a combination of confrontation and tension in various aspects, including legal considerations, political, national and security concerns and strategic interests. The existing tensions in relationship with the International Criminal Court have accentuated at some points and the United States has actively challenged the Court's existence. However, the challenges didn’t last for a long time, and at the end of George W. Bush’s presidency– recognizing the inherent values and potentialities of creating an International Criminal Court and the necessity to keep it– confrontations and tensions faded in favor of a constructive interaction. In the years which passed– especially during the administration of Barack Obama– the attitudes and the positions of the US towards the International Criminal Court have experienced a fundamental and comprehensive change and the United States is trying to compensate for the past measures, and to increase the interactions and cooperation with the International Criminal Court and to recognize its existence and capacity as an important international judicial institution in prosecuting the international violent crimes and to restart the relations with the International Criminal Court. Manuscript profile
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  6 - Hermeneutics is the beginning of a crime in Iranian criminal law
  Hassan Mohammadi Nevisi
  Investigating the concept of "Attempt" in Iranian criminal law and explaining the rule-based methodology of this concept is one of the inevitable hermeneutics of this criminal law establishment. Hermeneutics Although not widely regarded in post-modern humanities and ar More

  Investigating the concept of "Attempt" in Iranian criminal law and explaining the rule-based methodology of this concept is one of the inevitable hermeneutics of this criminal law establishment. Hermeneutics Although not widely regarded in post-modern humanities and art texts, it can be particularly useful in the field of law, which is tied to social order, and in particular to judgment, and paves the way. And to unambiguously put readers at the forefront of the judiciary and to prevent the dissolution of judicial opinions. In this article, the author has attempted to give a clear picture of this criminal law entity and to explain the law-based methodology for a unified understanding of the concept, regardless of the legislative history and theoretical discussions surrounding the issue. To be clear, the author of this article has achieved his goal if the readers of the article at the end of their study have all come to a single inference of the concept of "Attempt". Manuscript profile
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  7 - Criminal motive, interaction between ethics and criminal law
  Mojtaba  Malek Afzali Ardakani mohamadali mahdavi sabet Firouz  Mahmudi Janki
  The public conscience of the society wants everyone to be equal before the criminal laws, but at the same time, there is a difference between two criminals, one who commits a crime with immoral motives and the other with moral and honorable motives; As in ethics, the va More

  The public conscience of the society wants everyone to be equal before the criminal laws, but at the same time, there is a difference between two criminals, one who commits a crime with immoral motives and the other with moral and honorable motives; As in ethics, the value of the verb depends on the intention of the subject. Intention, like motive, gives power to the subject and manages the direction of his behavior to reach the goal. In this way, the motive to commit a crime can be considered as an interaction between ethics and criminal law. The legislator's approach to motive has not been without controversy and challenge; Opponents and supporters have always criticized this approach under the banner of "protecting ethics. The possibility of committing a crime with moral motives on the one hand and criticizing the views of the opponents and supporters of criminal law's attention to motive is the subject of this article. The result of the research is the conditional preference of the opinion of the supporters; Criminal law must be "verb-oriented" in the execution of the crime and, except in the case of necessity, the moral or immoral motive of the perpetrator should not be given a role, but in the determination of punishments - which is entrusted to the ruler of the Islamic society - to choose the most appropriate punishment within the scope of his powers, considering the various dimensions of the criminal's personality and including his motive. Manuscript profile
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  8 - The effects of the emergence of security-oriented criminalization in crimes against security in Iranian criminal law
  Hossein  Rezaei Todeshki Seyyed Mahmoud Majidi mohammad javad baghi zadeh
  Securityism is one of the unjust constructions that is imposed on the body of criminal policy and it means a deviant process in the formation of a response process to the criminal phenomenon. The security orientation of criminal policy can be a criterion to distinguish More

  Securityism is one of the unjust constructions that is imposed on the body of criminal policy and it means a deviant process in the formation of a response process to the criminal phenomenon. The security orientation of criminal policy can be a criterion to distinguish an efficient and desirable criminal policy from an ineffective and undesirable criminal policy; As a result, the criminal policy of every society should provide a suitable justification for criminalizing and illegalizing the actions of people that were considered permissible before. This article is written in a descriptive-analytical way. In this article, an attempt has been made to answer this question: What are the most important coordinates of security-oriented criminalization in Iran's criminal law? Give an appropriate answer. It seems that the most important coordinates of security-oriented criminalization in Iran's criminal law include criminalization of criminal thoughts, criminalization of preliminary acts, legislative obfuscation and new criminalizations. The purpose of this article is to explain the manifestations of the tendency to aggressive criminalization in Iranian criminal law. Manuscript profile
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  9 - The wrong impact on criminal crime and criminal law
  sima ghobadvand
  One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowl More

  One of the important topics in criminal law and jurisprudence and consequently criminal responsibility is the "wrong" discussion. Mistake or suspicion means, like, like, and synonymous with errors and arises from ignorance and cognitive disabilities and individual knowledge and experiences. The mistake is divided into two types of "the subject matter" and the "judgmental mistake". The criminal act is the result and product of the offender's will to achieve the purpose of the offender and obtain the criminal path through the criminal path, but in many cases the offender, although the criminal path to the end. The material and the material element of the criminal act also commits, but for the reason, it does not achieve the purpose it does not have, and one of these is the wrong cause of identity and identity. As the most important crime that has an inherent crime at all times and places, it is the result of taking the life of a person who is one of the most important assets of any individual. For this reason, much of the investigation is centered on this crime and issues that are raised following the commitment of the crime, including the purpose of the purpose of identity in the discussion of murder. The content is library. key words: Wrong, crime, science and ignorance in crime, crime elements, jurisprudence, criminal law Manuscript profile
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  10 - The position of human dignity in criminal jurisprudence and its comparison with Iranian criminal law
  Ali  Amirmohammadi mahmud ghayumzadeh Nader  Mokhtari Afrakti
  Man has inherent dignity and deserves to acquire virtues, and it is necessary to have the right to life and personal security; Because these virtues appear only in the scene of social life. Good deeds and Crimean morals are considered virtues for a human being, which em More

  Man has inherent dignity and deserves to acquire virtues, and it is necessary to have the right to life and personal security; Because these virtues appear only in the scene of social life. Good deeds and Crimean morals are considered virtues for a human being, which emerges from him in free conditions, and these rights; That is, the right to life, liberty and personal security, which is recognized in Article 3 of the Declaration of Human Rights, is the basis of all political rights and subsequent civil liberties, including freedom from torture and arbitrary detention, as well as the rights related to fair trial, freedom of expression and The freedom to travel (emigration) and non-interference in private life and the principle of innocence, the right to marry and form a family and the freedom of opinion and the like are in the section on the rights of the nation and in fact, the citizenship rights of the Constitution of the Islamic Republic of Iran and articles 3 to 21 of the Declaration. Universal human rights are included. This article deals with the problem with descriptive analytical method. Manuscript profile
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  11 - Functions of the principle of dignity in criminal policies in the light of religious teachings
  mohammad mirzaei Fatemeh  Azimi
  Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal More

  Since human dignity is considered as a right or a set of inalienable and transferable rights, which has many potentials and fields of development and legislation in rule-making or compiling basic principles in the field of management and it is crime control or criminal policy, so it is considered to be able to play a constructive and effective role in the field of macro and strategic criminal policies in an extra-legal way. In the religious teachings of Islam, human dignity is not based on a contractual and creditable matter, but on the basis of an ontological, ethical and original matter, which originates from the essence of human creation and a subject of development based on divine decrees and in the legislative dimension. It is justified. Now the question is, with all these capacities, how can this issue be given a practical aspect in a religious government, in the context of criminal policies and in the field of crime management and control? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? In other words, what is the place and functions of dignity-orientation in criminal and criminal policies? The findings of this article, prepared with descriptive and analytical methods, state that the preservation of human dignity, which has a moral origin on the one hand, and is also the creator of many moral works, has the ability to be the most important pillar of criminal policies. To be known in the general sense and criminal policies in the special sense. Since this principle is the justification factor and existential basis for many criminal and moral institutions and mechanisms in the criminal justice system, such as the principle of equality, proportionality, amnesty, acquittal, equality of arms, caution, and so on, with redefinition The function of the rule of dignity, which this article examines, can change the macro and strategic policies of penal and criminal. Manuscript profile