فهرست مطالب سیدمحمدمهدی ساداتی

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.

The ‘āqila (paternal kinsman)’s responsibility in paying dīya (blood money) is one of the endorsed Islamic rulings. The Islamic Penal Code does not contain any ruling regarding the possibility or impossibility of the āqila’s referring to the criminal to receive dīya. The generally accepted view of jurists is also non-referral. However, examining the evidences of both opinions in Imāmī jurisprudence proves the superiority of the evidences for the right of referring. Therefore, this article is intended to answer, with a descriptive-analytical method, the question: “According to the legal, rational, and conventional evidence, is the view on the permissibility of the ‘āqila’s referring to the criminal valid or the view on its impermissibility?” The finding of this article is that the weakness of sanad (chain of transmission) or denotation of the narrations corresponds to not referring, the lack of consensus of jurists, and also lack of conflict of the principle of “Man lahu al-ghunam fa-‘alayhi al-ghuram” (lit. He who owns the sheep must pay the fine) with the right of referring, on the one hand and on the other hand, the existence of narrations indicating ḍamān (liability) of the criminal, a rational principles such as the rule of the wizr (heavy burden of sins), the principle of itlāf (prodigality), the expiration of established meaning of the word ‘āqila, obligatory verdict of paying dīya by the ‘āqila, separation between obligation to pay and ḍamān, deduction of the priority of the right of referring the public treasury to the criminal, the principle of non-gratuitousness of paying dīya by āqila, and legitimacy of substituting insurance with ‘āqila in obligation to pay dīya, denote the conclusiveness of the reasons for the view on the right of referring. The result is that due to the endorsement of ‘āqila institution, faltering of its social acceptability in the present time and changing the manāṭ (basis of ruling) of its occurrence, it may be possible, by predicting the possibility of referring according to an unpopular view in Imāmī jurisprudence, to bring this endorsed jurisprudential verdict closer to the requirements of the time.

Today, in the light of criminological and criminal studies, and also under the influence of comparative studies of the laws of other countries, the Islamic penal code and the procedure of criminal procedure have undergone a dramatic change. Among these developments is the change and expansion of new examples of criminal responses to crime. Changing the laws is only one dimension, but measuring the acceptability of these emerging punishments in the penal culture of the present society is a very important issue that in its absence, the implementation of new penal approaches in the law will remain incomplete. Therefore, the acceptance of the sentence and its acceptance among the judicial actors effective in issuing and enforcing it will show their will to apply these punishments. Because in different stages from the determination to the execution of punishments, different actors play a role and the attitude of each can affect the punishment and the type or even the principle of its execution. For this reason it is necessary to check that; What is the meaning of acceptability of punishment and what are its elements and characteristics, and also in different stages of the trial, from the pre-trial stage or prosecution to the stage of trial and execution of punishments, what are the components of punishment and recourse or non-recourse to correctional and lenient punishments?

Freedom of religion is among the important theological issues. Adoption of Islam is subject to the intellectual maturity of the duty-bound. In case a Muslim-born declares his disbelief after puberty, should he be considered apostate and deprived of his freedom of religion? Apostasy is among the Hudud (unalterable punishments prescribed by Sharia) not mentioned in the Islamic Penal Code and with respect to the dubieties concerning it, valid jurisprudential sources should be consulted. On the other hand, the opinions of the jurists, especially the later jurists, regarding the declaration of disbelief by a person born to a Muslim father after puberty are diverse and have prepared the ground for the appearance of the repelling dubiety concerning the Hadd of apostasy. Among the Imami jurists there are three viewpoints with regard to declaration of disbelief after puberty: some jurists consider him as a Murtad Fitri (a person born to a Muslim father who later rejects Islam) taking into account his inherited Islam; the famous jurists apply the rules of Murtad Melli (a person who converted to Islam and later rejects the religion) to him on the basis of Dar rule (the rule of avoiding Hudud due to doubt) and the necessity of being precautious to preserve the lives of people and some later jurists are of the opinion that he is a disbeliever because they condition apostasy upon real Islam. Since holding that the minor is a Muslim as a result of inheritance originates from the graceful approach of the Lawgiver, inherited Islam may not be a basis for imposing the punishment of apostasy. Accordingly, it is justified to consider a person born to a Muslim father who later rejects Islam as a disbeliever.

plurality of crime is a special situation in which a person has committed several crimes before a final conviction, and Lawyers have expressed different views on the rules of plurality of crime. the regulation of criminal institutions cannot be independent of the goals of the criminal response. The present article is a descriptive-analytical study using documentary sources. This study answers the question of how the plurality of crime is affected by the goals of ta'zir and creates a new rule? Since the main goal in ta'zir is correction, and in addition to correction, compensation for the damage is also considered. Criminal talent should also be considered in the process of correction.it is also necessary to pay attention to criminal motives. Therefore, in committing crimes, if the motives are similar, they will interfere and will be limited to just one ta'zir. And if the motives are dissimilar, any motive independent of the other motive is the subject of ta'zir, and the plurality of motives will cause the plurality of ta'zir reactions. Unless the goal is achieved by applying an appropriate ta'zir,in which case the causes will interfere.In cases where the purpose of ta'zir is compensation, the plurality of victims will lead to the plurality of ta'zir,even if the motive is the same.in order to provide the Victims' interests, a reaction must be adopted in the light of which the perpetrator's correction is also achieved.

One of the important tasks of the Islamic state is Fair distribution of wealth. The anfal lands too, is one of the most important sources of public wealth and The policy about it was so important that led to The White Revolution in Pahlavi regime. But after the revolution, Lack of Precise policy and Update, to cause with Land seizures,privatization and even nationalize, These sources which must be at the disposal of all the people and increase public welfare, to the sources of private wealth, and Public law Ignore. So, with respect to Special concern Imam Khomeini and The supreme leader of the leadership in the Optimal management, this research aims In the light of the general policies, to study of The extent of criminal policy inaction in the Follow these policies. The finding of this research is that Although about management of anfal lands to correct diagnosis Constitutional experts, Constitutionalisation of structural In the context of Principle 45, but Constitutionalisation of intrinsic, was neglected. Among the reasons for this, Lack of single management, Lack of differential criminal policy, lack of attention to jurisprudence, including the prohibition of transferring them, and Performing plan of Cadastre and It also lacks the economic system Use of anfal lands Can be named.

Punishments are constantly changing due to their variable nature. The emergence of new punishments under the title of alternative punishments to imprisonment, as well as the provision of penal institutions in the legal systems of various countries, including Iran, confirms the change and expansion of new examples of criminal responses to crime. Among these, the acceptance of new criminal responses among judicial actors is of great importance; So that in case of non-acceptance of new punishments, the implementation of new approaches to punishment in law will be ineffective. Therefore, the acceptance of punishment and its acceptance among judicial actors effective in issuing and enforcing it is becoming increasingly important; Because in different stages from the determination to the execution of punishments, different actors play a role and the attitude of each of them can affect the punishment, the type or even the principle of its execution. For this reason, it is necessary to first carefully study the concept of "acceptability of punishment" and then to address the question of what are the components of punishment and recourse or non-recourse to the various stages of the trial, from the prosecution stage to the execution stage and execution of punishments? Correctional and compassionate punishments affect. Explaining these two issues can not only be useful in identifying the challenges ahead, but also can prevent the taste of judicial actors in sentencing by unifying the attitude based on the acceptability of punishment. The finding of this s

The punishment of multiple offenses faces fundamental challenges to justification. By leaving aside the comparison of multiplicity of Ta'zir crimes with the multiplicity of Hudud and the amendments to Article 134 of the Islamic Penal Code, the rational justification of the punishment of the multiplicity of Ta'zir has become necessary. Therefore, this article by using a descriptive-analytical method, in an attempt to reconcile the institution of crime multiplicity with the philosophy of punishment and in the light of a comparative study of this issue in the three legal systems of Egypt, Germany and the United Kingdom on behalf of three different legal systems, intends to ask the question that ‘’what are the desirable principles and models for determining the punishment of real multiplicity of Ta'zir crimes? The British legal system, in an attempt to strike a balance between the two goals of justice and correction of the offender, has proposed a model of the relative Aggregation of punishments, which is a combination of the model of the real Aggregation and the judicial Aggregation of punishments. German and Egyptian law follow the real aggregation model and have limited this model. The result is that the punishment of multiple crimes in Iranian law due to ambiguity in purpose, has followed all existing models and this has caused in some cases, the severity of the penalty for multiple offenses and sometimes less than other legal systems. This hesitation has been both against apparent and real justice and against the correctional purpose of punishments.

In populist thought, emphasizing the thoughts of individuals in society as the basis of public policy is doubly important. The centrality of public opinion and political intervention in criminal policy has led to a populist approach. In other words, populist criminal policy seeks to combat crime by engaging public opinion. In the Iranian penal system, in recent years, under the influence of the prevailing atmosphere in society, populist policies have emerged. In fact, the idea of ​​criminal populism emphasizes the model of crime control through hostility to the perpetrator. This type of criminal policy deviates from the principled and scientific process of criminological teachings and makes it subject to political considerations, in a way that damages the structural implications of criminal law and the moral rights of criminal law subjects. In this article, we will examine the issue in a descriptive-analytical manner and answer the question: What factors cause populism and what are the characteristics of this phenomenon? In the following, we will examine the reflection of populist laws and make suggestions in this regard.

Crime prevention and adopting a strategy to deal with it is a central part of contemporary legal approaches in which each legal branch seeks to investigate and prevent crime according to its principles and assumptions. The important relationship between the penal system and crime prevention in terms of government planning or disenfranchisement, as well as whether or not to address the causes and causes of crime is another important part of legal approaches that show differences in criminal approaches to crime.

The method used in the present study is descriptive-analytical and the use of documentary and library resources.

The new criminal approach to crime prevention is based on populism and the relationship between the lower classes and high-risk crimes. For this reason, it identifies crime hotspots geographically and uses a strict management and supervision policy to punish criminals and prevent crime. New criminology has an effective role in crime prevention by separating high-risk criminals from low-risk criminals, holding people and the environment in which they live responsible, and discouraging other non-criminal social groups and classes from committing high-crime delinquency. . In addition, it is important to note that the acceptability of punishment in society, in addition to its role in legitimizing it, can also play a role in preventing crime through public intimidation and also in the sense of satisfaction of individuals in society. Have a basic.

Reducing the criminal population is one of the main and main concerns of the Iranian judicial system. In this regard, the prosecutor has a heavy mission and can play a role in reducing inflation in the criminal population in various ways. The overall purpose of this study is to investigate the role of prosecutors in reducing inflation in the criminal population.

This study, considering that it is both a historical research and an attempt to identify phenomena between objects; It is a documentary method that is considered "descriptive-analytical" type.

The general result of the research is that the prosecutor has played an important role in issuing security contracts in the preliminary investigation stage of the criminal population and the actions of the prosecutor can increase or decrease the criminal population. Another important issue is that detaining defendants in the prosecutor's office and labeling them as prisoners can affect the society's attitude towards these people and provide the ground for their secondary deviation. In this regard, in order for the prosecutor to be able to have a positive effect on the criminal population in the Iranian judicial system, he faces obstacles and bottlenecks. This study, by examining the actions taken by the prosecutor on inflation of the criminal population, has provided solutions to reduce and, ultimately, prevent the increase of inflation in the criminal population.

True repentance is rebirth. The great change in the soul of the repentant person causes him to wisely and unhesitatingly accept responsibility for his mistake and seek to correct the past and prepare for the future. The action of the criminal legislature to limit the influence of the institution of repentance in the partial fall of the government's punitive punishments and the inability of the judiciary to issue a moratorium on prosecution is contrary to the rationality and spirituality hidden in Islamic criminal policy and the judiciary being a judge. The organization of the judicial cycle of the Islamic Republic of Iran on the criminal policy of Islamic punishment requires the reliance of the penitentiary on the criminal response to the act of punishment. Therefore, it is appropriate for the divine institution of repentance in criminal law to be the muscat of punishment for all punitive crimes of the government by all judicial authorities. Avoiding criminalism and paying attention to moral values ​​and social interests in the legislative stage and preventing procrastination and increasing the volume of cases in the executive dimension, are among the goals of the author to take this position.

Criminal mediation, as one of the manifestations of restorative justice, is a three-way process that begins based on the prior agreement of the victim and the offender with the presence of a third party named mediator in order to resolve disputes and issues arising from the crime. This process may be presented in three forms: customary, voluntary or formal mediation. The transition from a criminal policy based on criminalization and maximum punishment to alternative methods such as mediation will both reduce criminal inflation and provide the basis for repairing the broken tissues of society. Therefore, the present study intends to use a descriptive- analytic method to answer the question that which group of religious crimes can be referred to mediation based on jurisprudential principles. The conclusion is that all the Hadds </em>(fixed religious punishments) and  T’azirs</em> (unfixed punishments) related to rights of people as well as retaliation can be mediated with the plaintiff, so the reasons for prohibiting intercession within the Hadds</em> do not include the Hadds</em> related to the rights of people. On the other hand, mediation with the ruler, which is also called Shafa’ah</em> (intercession) can be applied only in crimes against God and when the accused has repented and the evidence has not yet been presented to the judge. Intercession is also possible in all cases where the judge has the power to pardon. Therefore, the legislative’s position in confining mediation to sixth to eighth degree T’azir</em> offenses has no sufficient justification.

Good Smuggling has been a structural threat to economic security, and in this regard, several tasks have been assigned to the NAJA. At the same time, these numerous tasks do not correspond to the fast economic developments and the structure of the police force, and in practice will not have a lasting effect on reducing the good smuggling.Research

This article, by descriptive-analytical method, is trying to answer the question: what are the new police strategies in combating smuggling of goods and currency and its pathology in terms of legislative criminal law?

In the Anti-Smuggling Act, the legislator emphasized on the preventive role of the police in the context of an inter-organizational approach to strategic, managerial, structural and human resource enhancement, and on the outside of the organization.

Due to the coherent approach of the Sixth Five-Year Development Plan, and in spite of the inadequacy of financial and human resources, the police have not been able to implement the necessary intra-organizational reforms necessary for a decisive fight against smuggling under the new law, and, on the other hand, The Anti-Smuggling Act, in the light of a security-oriented criminal policy, is required in relation to new criminal policy strategies such as a centralized deterrence policy, a criminal policy of whistling and a non-statutory cooperative criminal policy. Also, the role of the police in preventing trafficking is, in fact, the sole consideration of coping tools of the police.

Hadd is a punishment which cause, type, quantity and quality of its execution have been prescribed in the holy religion. Nevertheless, the Imamia jurists have different opinions about its causes, examples, type and implications. The Islamic penal code of 2013, not accepting the standard fatwa, has, mostly, adopted two attitudes of extensive criminalization and restrictive penalization in the area of hudud. Therefore, the extension of hudud domain has not been accompanied with the extension of penalties. Failing to be a regulated attitude, failure to determine, exactly, the limits of certain haddi crimes (crimes with fixed punishments), defective extension of hudud implications to religious taazirat which have been mentioned in hadiths,  failure to declare the standard fatwa in determining the hudud, violation of the principle of nullum crimen, nulla poena sine praevia lege poenali, contradiction of this attitude with the decriminalization policy of the judiciary, penal inflation and the criminalization of hudud being affected by western human rights concepts are among the critiques as to this attitude. This paper concludes that the legislative criminal policy in the field of haddi crimes should adopt the principle of changeability of penalties, based on their inherent finalism and subsequently, in case of doubt as to whether a punishment is hadd or taazir, adopt the principle that the examples are taazirat.

Rapid socioeconomic changes and the expansion of access to virtual space have left families with many challenges and injuries in the present age; the most important of these injuries is the tragedy of children in the world and including in Iran. This research attempts to investigate the causes of pedophilia in Shiraz in a survey method. This survey is a quantitative correlation. The statistical population of the study consisted of abused children whose reported miscarriages were reported to the social emergency department in Shiraz in 1396. A sample of 100 people was questioned through a valid and reliable questionnaire through available sampling. The data was analyzed using the statistical method "Correlation of Cramér's V. Findings and The results showed that age, place of birth, children's status (work, street and student), type of housing, education, income, and addiction were significantly correlated with child victimization, but in the case of ethnicity variables, The number of family members, the status of parental employment, the interaction of parents with the child and the degree of adherence to the religious orders of this relationship was not observed. Given that according to the findings of this study, the economic situation has a direct impact on the child victimhood and the highest rate of child offenders is committed by fathers, the education of pedophilic children's fathers, especially in less-favored areas, is the most appropriate solution for confronting the pedophile crime in Shiraz.

Economics in the age of modernity has new and broader concept. Money has no longer the actual value. Nullity unlike the facts includes the vast areas. By this assumption, economics has the vast areas of activity that needs the new obligations. In this situation the social-cultural values exposed violations. So to protect the solidarity of social system, specially the economic system on the basis of Islamic teachings, we must establish economic beliefs on the rational and inspiration beliefs. To find the principles of economic criminalization in Shia Jurisprudence, we search the Quran and hadith by the analytical method. This issue is related to philosophy of economic criminal law and so we have a few researches in this subject. Because of this we have no theory in this field. The principle of criminalization of economic crimes in Quran and Islamic Tradition are: Prohibited of invalid occupation, prohibited of aiding sinful acts, Prohibited of illegal premise. The rational principles in jurisprudence are: principle of no harm, interest, order, bailment and fair redistribution of wealth.

Iranian criminal policy about Plurality of Ḥudūd in Iranian Islamic Penal Code (2013) has changed so much. The cause of this issue is the ambiguity about the reason of criminalization and penalization of Plurality of Ḥudūd in the former laws. This ambiguity is also one of the reasons of backing out the criterion of Ḥudūd in the new criminal code. In a way that the plurality of Tazirat Crimes returns to the Penal Code (1973). This means inefficiency of religious punishment in new problems. Therefore this article by analytical- Descriptive method and by use of Quran, Sunnah, the jurisprudential principles and rules, seeks to explain and consolidate the rules of Plurality of Ḥudūd. Outputs of this article implies that unreal Plurality in Hodud is considerable and also the principle in plurality of Hodud that hold out the human rights is implementation of all sanctions. The main purpose of punishing in plurality of crimes is not retribution, but is purification of criminals. So interference of penalty in similar Hodud is not against the justice. So legislator contrary to Emamiyeh Jurisprudents consensus, and only on the basis of Shafeyi, Hanfi, Maleki and Hanbali jurisprudents and by following Egypt's law, sentences on interference of penalty in the execution level named «relative collapse of punishments».

In the context of the plurality of crimes, the question is that how the justice should distinguish between the criminals who have committed a crime for the first time and an offender who has committed several offenses. Based on the proportionally principle the punishment should be different in these two situations. To achieve this goal, the Iranian and the German legal systems have adopted two different paths. This article, by adopting a comparative-analytical method, seeks to systematically explain the legal term of plurality of crimes, and critically evaluates the similarities and disparities of the Iranian and German criminal law. Different practices of punishing the plurality of offenses after the Islamic revolution in Iran and the early reform of the regulations concerning the plurality of crimes in the Islamic Penal Code Iran, adopted in 2013, indicate the importance of this topic. The Iranian and German legal systems differ from each other in differentiation criteria of plurality from recidivism, the concept of unreal plurality of crimes, the separation of crime in real crime plurality and its punishment and the crime plurality of juvenile delinquents. Also in punishment of unreal plurality and recognition of non-independent crimes in the judicial procedures these two systems have similarities with each other. As a result, there are some ambiguities in the relevant legal provisions, regarding crime plurality including legislative or judicial criteria of the most severe punishment. In addition, some issues such as separation criteria of real plurality in the Islamic Penal Code of Iran and interference of penalties in this kind of plurality have no reliable justification.

Smuggling in Iranian criminal law is infraction or economic crime. Smuggling by false statements and documents is a kind of smuggling crimes. Complexity of economic affairs, lack of legal analysis about the constituent elements of this crime and new adoption of these statues make analysis of this crime inevitable.
Smuggling is defined in law dictionary as: “import or export of goods illegally for example without paying customs” (Curzon, 2002: 392). Smuggling is a crime and in various statutes and bills in the Islamic Parliament such as the bill of “Establishment of Anti-corruption Agency” is named as “economic crimes”. One of the most important types of smuggling as discussed in this article is smuggling by false statements and documents. The main problem of this issue is the definition and the elements of forming this crime.
This crime does not fit the crime of smuggling in common definitions (Pazhooyan, 2006: 46/ Jafari Langroodi, 1998: 51) Because in this crime essentially a commodity may not enter or exit. So only offering and presentation of False Statements and Documents make the action of the person smuggling. On the other hand, definition of smuggling refers to the laws that in them some acts are considered smuggling or has the smuggling sentences, while the purpose of definition basically is to demystify the terms. So, in definition, the term should not refer to the laws.
According to the description above, the definition of this kind of smuggling is: “submitting false documents or declaration to customs on arrival or departure of the goods or vehicle, so that there is a possibility of harm to state.”
The legality of crime and punishments principle implies that actus reus and mens rea must be determined in statutes (Sadeghi, 2014: 57).
In Iranian law, smuggling by false statements and documents are criminalized in various laws: Paragraphs "a", "b", "c", "d", "c", "d", "e", "f", "g" of article 2 of the act of “combating smuggling of goods and exchanges”, articles 93 and 94 and paragraphs “a”, note of "b", "c", "d", "e", "f", "g" of article 113 of “customs act” and the article 24 of the “health promotion of administrative system and anti-corruption” act.
On the implementation of the act committed by legal provisions, first we must refer to “combating smuggling of goods and exchanges act”, since it is enacted earlier than other statutes. Then we recourse to the “customs act”. However, it should be noted that none of the customs act articles have explicitly or implicitly been abrogated by “combating smuggling of goods and exchanges act”. In the third level, if the act is not subject of the penalties set forth in one of these two laws, we must refer to the article 24 of the “health promotion of administrative system and anti-corruption Act”.
The actus reus of most crimes has three components: physical behavior set of conditions and circumstances and results. Physical behavior of this crime is a submission of the false documents, false declaration or non-declaration.
The criminal responsibility of who made omission is based on a duty to act, but he has not fulfilled its duty (Sadeghi, 2013: 31).
Among the conditions of this offense, four conditions are all important: First, the documents or statements must be false. The term “false” means contrary to the fact which may be in the material or content of the documents. Submission of false documents or declarations to the competent authorities (Ahmadi, 2012: 81) and being the subject of smuggling the goods or vehicle are the second and third terms. The possibility of harm to government revenues is the fourth condition in committing this crime.
This crime is a conduct crime and merely false declaration and submission of false documents may form this crime, whether the goods or vehicle exit from the customs organization or not. It is also sufficient to commit this crime by any mens rea and makes no difference whether the documents or statements are untrue deliberately or unintentionally. It is called “strict liability crimes” that some jurists believe that may happen without any men rea or fault (Goldouzian, 2007: 414/Sadeghi, 2014: 435).
Attempt to crime in smuggling by false statements or declarations are considerable, in spite of the view of some jurists (Noorbaha, 2005: 223/Ardabili, 2013: 316).
This article by analytical method, on the basis of literal and conceptual interpretation of the articles of smuggling by false statements and documents in the various regulations, study the constituent elements of this crime. Also, domestic judicial decisions and legal practices in some countries are applied to explain this study more.
As a result, it is safe to say that the legal element of this crime sporadically are some articles in several regulations. This crime has strict liability and committed by action and omission. The false document or statement, its submission to authority, goods or vehicle issues and possibility of loss to the state are the terms that should be considered in formation of this crime. Strict liability of this crime makes demonstration of mens rea needless.

Islamic government claims execution of divine punishment in the “Absence” period. However, in some cases, carelessness and discounts in execution of these punishments, without closure of them, has been specified by Holy legislator. “Dare” rule is one of the rules that achieved from the tolerance procedure of Holy legislator in execution of “Hodud”. The content of this rule is placed in 2 Articles of Islamic penal code. Contents of these article shows that this rule is interpreted so wide in compliance with the jurists that believe the closure of Hodud in “Absence” period.
So study of these articles and review the content of this rule, in the way that Hodud is be implemented and also the tolerance procedure of Holy legislator is followed, is inevitable. This article by analytical method, using jurisprudence sources in this issue and considering the way of elicitation of this rule, is tried to submit new interpretation of this rule that includes only the certain cases.
The findings of this article show that “Dare” rule includes Hodud in its special meaning and Tazirat punishment which is related to divine right. Also this rule includes mental element and criminal responsibility and is apart from legal and physical elements of crimes.

United Nations Convention against Corruption (UNCAC) has recommended the country to establish agencies against corruption. In spite of increasing emphasis on combating corruption, the efforts failed because of some reasons: unrealistic purposes, inappropriate performance indicators, low public credibility and losing political support. So studying about the efficiency criteria of Anti-corruption agencies can lead to a more effective fight .
This article by analytical method and concentrating on UNCAC and comparing it with the bill to Formation of Agency against Corruption in Iranian Parliament, offers a model to access the efficiency of the anti-corruption agencies. In most studies, argued about this issue generally and did not submit any accurate model and only we regarded general studies and recommendations .
This research, by presenting the new theory as coherent theory and dividing the efficiency criteria of these agencies to internal and external factors and also by analyzing the UN documents and the bill to Formation of Agency against Corruption, offers practical tips .

Context and The survey of international criminal justice system says that power must be accompanied by responsibility. Regarding this process, the conference for revision of international criminal court system was held according to article 121 and separate from the annual summit of the assembly of member nations with the aim to expand the power of international law through giving more authorities to the court from May 31 to June 11, 2010, in Kampala, Uganda. This research is descriptive-analytic and has used library sources and international documents. In this conference, two groups of issues are dealt with. The first group includes the issues related to the contents of Rome constitution which includes correction of article 8 of Rome statute, possibility of deletion of article 124 of the constitution, and the definition of aggression and specifying the terms to exert authority of the court on that crime. The second group, i.e. the assessment of international criminal court achievements, includes issues such as complementary authority, the direct impact of Rome statute on victims and damaged societies, peace, justice, and cooperation. The conference for revision of the court’s constitution finished its work by issuing 6 resolutions and 2 manifests, which through defining the crime of aggression, specifying the terms to exert authority of the court on it, and facilitating the inclusion of internal armed aggressions in article 8, has expanded the active and potential power of international law and, also, by restating article 126 of the constitution, attempts to encourage non-member nations to join the constitution and consolidate it.

Police is a social organization that its main task is to maintain order and security. In this view, police has the authoritarian structure. In contemporary period by advances in criminology and bringing up the issue of crime prevention, the role of police in crime prevention has been considered. In Iran, the bases of criminalization are harm and religious percepts. Religious percepts also divided in two categories of victimless crimes and crimes with victim. So police in crime prevention should choose prevention policies that consider these two bases of criminalization in Iran. To study these policies, first we consider effect of victim logy studies on prevention policies with emphasis on the role of police in victimless crimes, and then regarding the constituent elements of the crime we ponder police measures in this issue. The current structure of Iranian police has not the enough ability and skills to prevent victimless crimes. The prevention of this kind of crimes requires accurate explaining of Islamic police structure and planning for the training of appropriate forces.