فصلنامه پژوهش حقوق کیفری
پیاپی 40 (پاییز 1401)

Diagnosis of perpetrators of killing and bodily harm is a complex mystery in terms of science, law and jurisprudence. It is possible to identify the perpetrator through known reasons for proving a crime, such as confession, testimony, evidence, and suspicion of a crime or oath. However, conflicting reasons may make it difficult or impossible to identify and determine the perpetrator. If it is not possible to identify and determine the perpetrator due to the conflict of reasons for proving the crime or the hesitation of the perpetrator between certain or indefinite persons, it will be difficult to reach the truth.There are four different theories in law and jurisprudence based on jurisprudential and narrative sources; The rule of lottery, the theory of fall of retaliation and payment of blood money from the treasury, the theory of equality of responsibility and the theory of criminal joint liability. Each of the views has its advantages and disadvantages, so it is not possible to accept a single theory in this regard.This research, with the method of library study, seeks to propose different points of view and provide solutions to explain the issue of the uncertainty of the perpetrator and the conditions arising from it in two situations of the possibility or impossibility of detection.

Imami jurists have considered panderism as one of the crimes that results in fixed corporal punishments (hadd). All the penal laws after the Islamic Revolution, including the Islamic Penal Code of 2013, follow the well-known opinion of the jurists and consider panderism as a crime results in prescribed and fixed punishment(hadd). The present study has criticized this view with an analytical-critical method and has considered the discretionary punishment awarded by the judge (ta’zir) for this crime to be more justified and rational. The article also studies various elements of the material and mental pillars of panderism. Through a jurisprudential-legal analysis of panderism in cyberspace, the article studies possibility of the occurrence of physical behavior of "bringing together" through mere acquaintance with novelty communicational technologies and participation in panderism physically or virtually. The article further examines the necessary circumstances for committing panderism and its effects on fornication and sodomy. Finally, the article examines the place of "knowledge substituting intent" and "matching the intent of the perpetrator with a criminal incident" in the mental element of this crime.

In this article, we tried to explain the criminal status of the prosecutor by using. documents and library methods and in a descriptive analytical way, using international ·documents and requirements, and the existing gaps and defects should be announced a long with the suggested solutions.The findings of the current research indicate. that according to the Principles of fair proceeding, the role of the prosecutor is very. important, however, despite the huge. change in the new criminal policy regarding the position of the prosecutor's office and ・the reduction of prosecutors Powers in order to protect the defendant's defense rights and human rights standards, our legislator hasremained far away from this development,And in many cases, it has violated the Priniciple of reasoning of the judicial authorities and in some cases It has placed the investigator in the judgment of the  Prosecutor's officer.Therefore, the Weakness of its enforcement grounds, which will Pess result in the abandonment of the ruling contained in some legal articles, is inevitable.

In today's age, the Internet as a wide and important communication tool can be sanctioned based on Article 41 of the United Nations Charter and international laws under the guaranty of implementation. Despite this prediction, no clear action has been reported by the Security Council in this regard. Although in practice, these are the governments that apply this restriction against each other without any permission and legal order and accept such restrictions within the limits of their international treaties and legal principles, but this is only as long as the countries are within the scope of power. have not taken action. In this case, instead of being a guarantee of enforcement, the internet ban becomes criminal in nature and is condemned by another enforcement guarantee. With the studies carried out in this research, in a descriptive-analytical way, the internet embargo is expressed in two distinct concepts and examples, one time as a guarantee of implementation and another time as an international crime, and finally, this is expected from the Security Council with Such behavior that violates international security and peace on a macro level, such as war and internet terrorism, and the International criminal Court should apply the necessary procedures for judicial proceedings

In the present age, with the increasing growth of new science and technologies, fundamental changes in values and norms, and the multiplicity and entanglement of social and political systems; The nature, form, variety and manner of committing crimes have also changed a lot. Given that crime emerges in the context of social conditions, in this study, in an interdisciplinary study between criminology and strategic sciences with a "descriptive-analytical" method and using the criterion of modern social classification, we seek to divide Present a new classification of crimes in accordance with the complex conditions mentioned above. According to the achievements of this study, unlike the major classification system, inspired by the model of "community management system in modern perception" as well as strategic science data, crimes in three new levels: 1- Strategic or imaginary-paradigm crimes ; 2- We have classified tactological or managerial crimes and 3- technological or individual and technological crimes. In this regard, contrary to the common perception in the alloying of crimes into Micro and Macro crimes, this research in the new alloy, crimes in four layers Nano, Micro, Macro And Super is divided according to the two criteria of Sibel or the target environment of the crime and on the other hand the damages. Finally, by combining the above topics, in a matrix structure, a new classification of crimes in the form of a doctrine can be achieved, which in this research is referred to as "crime Rating ".

Punishments are changeable and depend on goals. Therefore, when there is valid knowledge that correctional goals of punishment are failed, releasing a criminal who certainly endangers public safety is a denial of public rights. In this case, presumption of innocence has been changed to presumption of guilt and the judge by realizing the objective and qualitative criteria that indicate the survival of dangerous situation, can determine the preventive detention.Therefore, with qualitative approach and phenomenological methodology through library studies, this article seeks to address the following question: "What are the principles and criteria for legislation of preventive detention in the German, Iran and Imamiyeh jurisprudence legal system?"The findings are that the main bases of preventive imprisonment are the discourse of overcoming public security over freedom, the discourse of victim-centered criminal law, the principle of caution and the rule of the need to repel harm, but the problem is the criteria for achieving a valid suspicion of a dangerous situation. It seems that valid suspicion can be obtained by determining quantitative and qualitative criteria.Iranian legislature, relying on reasonable grounds and criteria, in cases of valid suspicion of a dangerous situation can legislate prevent imprisonment for dangerous criminals.

Of the cases, that the legislator has accepted the criminal liability resulting from the other’s act is agheleh guarantee under section of which the agheleh is bound to pay for the murder blood money and the mistake injuries on behalf of the wrongdoer criminal according to the provisions stipulated in the law. This way of remedy that has been made in systems that lived as tribes, has been followed by many advantages such as unity and cooperation among the tribe members. However, it seems that at present and considering the social structure of current communities in which the kinship relationships and even familial ones are becoming corer day by day, the existence of such a guarantee, which had been created for facilitation, will sometimes become problematic and due to the same reason, it can be stated that the above-mentioned guarantee has lost the efficacy of the past period and one should use the establishment of a new fund in the name of “physical injuries compensation fund due to mistake crimes” by removing or authorizing it.

Re-prosecution of the accused after the issuance of a restraining order is one of the solutions envisaged by the legislature to ensure justice for persons who did not have access to sufficient reasons or reasons at the time of the trial. The grounds for re-prosecuting the accused are in line with the objectives of the criminal proceedings. These include achieving the Judicial truth, preventing norm-breaking in society. The main source of criminal investigation is the prosecutor's office, so the legislator has made the possibility of re-prosecuting the accused based on Article 278 of the Code of Criminal Procedure in this institution. In some cases, depending on the type of charge, the judicial organization and the personality of the perpetrator, step-by-step investigations are carried out in a source other than the prosecutor's office, and it is possible to issue a restraining order. according to the silence of the legislator, this ambiguity has arisen as to what the procedure of re-prosecution will be if the court issues a restraining order? Depending on the position of the court in Judicial system, if a restraining order is issued by the court at the preliminary investigation stage, it is possible to re-prosecute the accused, but contrary to Article 278, if the restraining order is finalized in a higher authority, there is no need to prescribe a higher authority because the court has independence. It is not like the prosecutor's office.

The significant point regarding the proof of non-sexual hudud (pandering, qadhf, wine drinking, theft, muharebeh, insulting the prophet Muhammad, magic, and irtidad) is whether two confessions are required or merely one confession is sufficient? Is there a general rule regarding the above hudud, or the rules vary from one hadd to another? This argument can be presented in two aspects: general evidence for all the hudud, and particular evidence for each one of the hudud. In general evidence, apart from Al-dar’ (the prevention rule), there is no valid reason that necessitates two confessions or suffices one confession. Al-dar’ can also be useful in case of doubt and if there is no evidence to remove doubts. The particular evidence is also not valid for the above cases, yet there are some traditions with respect to theft that if their reputation can make up for their lack of validity, then two confessions are required. Thus, it is possible to resort to priority analogy in those hudud that are severe than theft, but if the above reasoning is not accepted, it is not possible to act accordingly. Finally, most fuqahā's fatwas imply that there must be two confessions and one confession cannot be sufficient in removing the doubts and Al-dar’ rule necessitates two confessions in all the mentioned hudud.