داود کرمی

The principle of minimal criminal law is a fundamental concept in criminal justice that emphasizes limiting criminal intervention to essential cases. This principle is rooted in human rights and the preservation of individual freedoms, aiming to reduce the use of punitive measures for human behaviors that can be addressed through non-criminal solutions. Theoretically, it is based on moral, legal, and functional foundations. From a moral perspective, criminal intervention is justified only when necessary to protect public order and collective interests. Legally, this principle ensures the protection of fundamental rights and prevents unjustified exercise of power by governing institutions. In practical terms, the principle has a significant impact on criminal policy and justice systems. Legislators should avoid over-criminalization, focusing solely on acts that are socially harmful and intolerable. In the judicial process, judges must refrain from imposing excessive or unnecessary penalties and prioritize alternative measures such as mediation and non-custodial sanctions whenever possible. Ultimately, the principle of minimal criminal law not only reduces the costs of the justice system but also promotes social order and criminal justice by focusing on rehabilitation and prevention. It serves as an effective guide for advancing toward a more humane and efficient justice system.

Criminal responsibility refers to an individual's obligation to be accountable for criminal acts, requiring the person to be sane, mature, and acting voluntarily at the time of committing the crime. Claims of mental disorders can lead to reduced sentences or acquittal of the accused. Insanity is recognized as a barrier to criminal responsibility, but many other mental disorders do not fall into this category. This research examines the conditions for establishing insanity in the legal systems of Iran and the United States, demonstrating that in both systems, insanity means a complete lack of will or power of discernment. Additionally, according to Article 149 of the Islamic Penal Code of Iran and U.S. laws, severe mental retardation can also negate criminal responsibility. To fairly implement laws concerning individuals with mental disorders, suggestions such as comprehensive psychiatric evaluation and determining degrees of responsibility have been proposed. Understanding the U.S. legal system and its experiences can help improve the situation for these individuals in Iran, but implementing these policies requires attention to existing challenges and limitations.

Exercise can lead to cases of criminal or civil liability that have been more or less studied in some research. What has been reviewed in this research using descriptive-analytical research method; It is criminality and misconduct that are in fact the origin of the aforementioned responsibility. It should be noted that in sports operations, despite the fact that athletes explicitly or implicitly, both at the beginner level and at the professional level; Aware of the dangers, they have given consent to perform sports operations, and this satisfaction has been based on the fact that individuals are the owners and rulers of their physical integrity; This satisfaction is not absolute and faces an exception. In fact, whenever a crime or violation is committed in accordance with the rules of sports regulations or general criminal law, it creates liability for the offender. One of the most important ambiguities is to determine the diagnostic criteria for the crime or violation of the action. The complexity of the issue becomes more apparent when we know that most of the existing bylaws have not gone through the formalities set for approval and have often been approved and passed by the board of federations.

Exercise can lead to cases of criminal or civil liability that have been more or less studied in some research. What has been reviewed in this research using descriptive-analytical research method; It is criminality and misconduct that are in fact the origin of the aforementioned responsibility. It should be noted that in sports operations, despite the fact that athletes explicitly or implicitly, both at the beginner level and at the professional level; Aware of the dangers, they have given consent to perform sports operations, and this satisfaction has been based on the fact that individuals are the owners and rulers of their physical integrity; This satisfaction is not absolute and faces an exception. In fact, whenever a crime or violation is committed in accordance with the rules of sports regulations or general criminal law, it creates liability for the offender. One of the most important ambiguities is to determine the diagnostic criteria for the crime or violation of the action. The complexity of the issue becomes more apparent when we know that most of the existing bylaws have not gone through the formalities set for approval and have often been approved and passed by the board of federations.

Deprivation of liberty is one of the most severe punishments in the world's criminal systems. Criminological and criminological ideas in the form of punishmentism and utilitarianism have always challenged the penal systems in applying this punishment. The lack of a coherent criminal policy and the adoption of contradictory positions towards incarceration and de-incarceration in Iran require that by studying the comparative criminal policy of an advanced legal system like England and identifying the criteria and measures of punishment in it, we should find out what are the effective components of Iran's legislative criminal policy in incarceration and de-incarceration? What changes have been made in this policy according to the law of 2012 as well as the law on reducing penal imprisonment in 2019? 

The research method in this article is a qualitative content analysis with a directional approach, which tries to emphasize the necessity of adopting a clear and codified legal criminal policy in the application of imprisonment by identifying the strengths and weaknesses of the recent actions of the legislator.

In the Iranian penal system, there is basically no coherent penal policy, especially in the case of deprivation of liberty, although the legislator has periodically reduced the term of imprisonment and encouraged the use of quasi-criminal responses and fraternal institutions, but the last determination of the legislator in line with De-incarceration in the form of the Law on Reduction of Imprisonment due to the adoption of a contradictory criminal policy in the field of sentencing and punishment of similar crimes, the lack of rules to measure the severity of crimes, the lack of macro decision-making in criminal policy, the superiority of the paradigm of punitiveness over utilitarianism in the thinking and behavior of legislators and judges, and the lack The necessary infrastructure for the correct implementation of imprisonment and its alternatives, while not reducing the prison population, has also failed in the implementation of macro policies of de-incarceration.

Compensation for innocently detained defendants and convicts is a relatively new legal establishment. Compensating the government for the mistakes of judicial personnel is a change in respecting the rights of criminal litigants. Decisions based on error or fault issued by judicial institutions, which result in irreparable damages, have a wide range of dimensions that, by not recognizing and paying attention to their nature, They will never be fixed; However, with the aim of preventing detainees due to judicial error, the present article is a comparative study of the criminal policy of Iran and the United Kingdom. - Inductive and in some issues has been done in a inferential way. Legal restraint, providing facilities for the implementation of new social punishments, preparing public opinion and legal elites with the disadvantages of imprisonment and the benefits of alternatives to imprisonment, are the most important requirements. The prevention of detainees from judicial error is based on the optimization of the adaptation of Iran's criminal policy to the achievements of British criminal policy in response to the strategy of using the teachings of release from prison. Therefore, if the number of judges, judicial staff, judicial officers and even lawyers and the use of electronic systems for judicial affairs are appropriate and on the other hand, the utmost care and effort is used in their training and recruitment, then the errors The conviction of innocent people is dramatically avoided.

Apostasy is one of the topics of Islamic political jurisprudence which considers the departure of a Muslim from Islam as a punishment. But in this regard, the Iranian penal system is silent in determining its punishment and criminalization, and therefore, based on this, we will examine what is the view of Islam and the Iranian penal system on the issue of apostasy and its criminal nature? Also, what strategies can be expressed to prevent the crime of apostasy?

This article has been written analytically-descriptively.

The departure of a Muslim from religion causes the formation of apostasy and provides maturity, intellect, authority, knowledge of the meaning of the word and the intention to have a literal meaning and denial of the conditions for its realization. The law also does not provide for punishment. However, according to some articles such as Article 167 of the Constitution, Article 8 (ICCPR), Article 26 of the Press Law and Article 220 (ICCPR), apostasy is legally a crime. Regarding criminal prevention, determining the duty of apostasy in the law can lead to judicial justice while creating grounds for prevention. In the field of preventing the situation of popular participation in the form of enjoining the good and forbidding the evil, various social, cultural, economic and economic

The right to freedom of religious belief is one of the recognized rights approved by Islamic jurisprudence, the Iranian constitution and international documents. However, the departure of a Muslim from Islam and his entry into infidelity has been identified in the form of apostasy and punishment has been prescribed for it in the Shari'a. So we are looking for answers to these questions: Is the existence of punishment for apostasy in conflict with the right to freedom of religion? Also, what is the approach of the Iranian penal system and international documents to apostasy? In addition, what is the approach to the extradition of apostate criminals in Iran's criminal policy and international documents? Research

This article is written in an analytical-descriptive manner.

In Islamic texts, there are verses and hadiths that specify the principle of freedom of belief, but after accepting Islam, he is deprived of the right to return along with promotion, propaganda and conspiracy.

Considering that apostasy is defined in international documents, especially the Refugee Convention and the European Convention on Human Rights, in the category of political crimes, which is an exception to the extradition of criminals, so it is not possible to extradite convicts to apostasy. In Iran's criminal policy, there is a possibility of being sentenced to the most severe punishment for apostasy. Also, Iran's political crime law confirms the non-extradition of a political offender, but is silent about apostasy and does not say how it is carried out.

Serious attention to problems and difficulties resulted of prison is vital and important which needs cooperation and collaboration of triple forces as well as society and the prisoner himself. Therefore the aim of all penal systems was and is to reduce imprisonment and eliminating its fatal effects in recent years; acts and law legislation and various rulebooks, holding numerous seminars and frequent workshops are proofs. Thus the present research is compiled by the aim of studying the role of prison in preventing crime repletion emphasizing Quranic doctrines and the method is descriptive – analytical.

The differential penal policy in order to halt some common principles and standards of criminal law or the ebbs and flows of a criminal policy is particularly distinctive. In this paper an attempt is made to the necessity of developing a criminal policy differentiate cyber crimes in the Cabinet Composition cybercrime, based on differences in outstanding crimes traditional crimes such as differences in the nature, scope and context of the offense be explained and to follow this species of differential penal policy with a descriptive approach and recommended the territory of this category of crime, especially within the framework of the Iranian penal system needs to be identified. Effectiveness and efficiency to combat cybercrime laws are passed, requires a different view on issues such as the definition of the crime, the elements of crime, criminal responsibility and so on. Although computer crimes law passed in 1388 significantly taken a step forward but need further development and improvement.

The law of the country with the aim of political crime, political criminals and support the right of them, finally, after 37 years of "political crime defined the obligation of legislators to the Executive, but we should not imagine» with the approval of the plan is a political crime, the task of the legislator by virtue of the principle of the Constitution of the 168 is over because what dermade 1 this law shall determine the amount to come and not the definition of a political crime; the most important weakness of this law, the lack of precise definition of political crime is provided. In this law, there are no specific rules and criteria for the recognition of political and is not a crime. Perhaps that's why in article 5 of this law, the charge of political recognition of being responsible for the Court or prosecutors Office that put the file in the above law; it is not only a comprehensive definition of a political crime is not provided but article 2 of this law, by counting some of the examples of political crime in the five-paragraph, on the legal uncertainties.

Counterfactual thinking literally means contrary to the truth. Counterfactual thinking occurs when a person modifies a real event, and then assess the consequences of that change. It is known that counterfactual thinking creates negative emotions, but they mayalso have beneficial or functional effects. The present study aimed to investigate the counterfactual thinking dimensions of self-esteem and depression among students of Islamic Azad University, Roodehen division. Therefore, based on the assumption of a correlation study, survey type, 400 students (200 males and 200 females) were selected using stratified random sampling. They were tested with the counterfactual thinking for negative events scale, Cooper Smith self-esteem scale and the Beck depression inventory. The results indicated that the upward self- referent thinking and upward non- referent thinking have significant negative correlation with self-esteem. The upward self- referent thinking, downward non- referent thinking, upward other- referent thinking, upward nonreferent thinking have significant positive correlation with depression. Based on counterfactual thinking dimensions, (the upward self- referent thinking, downward nonreferent, and upward other- referent thinking, upward non-referent thinking), a model can be presented for predicting self-esteem and depression.

The research purpose is to assess the relation between attachment styles and locus of control with martial satisfaction, hence the sample comprised 120 individuals (60males, 60 females) who had been randomly selected from the parent's case files referred for their children speech therapy and were tested by "Attachment Styles, Locus of Control and Martial Satisfaction Questionnaires". Findings do not confirm a significant relationship between attachment styles and marital adjustment; moreover, our findings point toward the relationship between attachment styles and locus of control but dont support the greater predictive power of secure attachment style with regard to marital adjustment.