نشریه فقه جزای تطبیقی
سال یکم شماره 4 (زمستان 1400)

Man has sometimes chosen unconventional methods to satisfy his sexual instincts, including the use of sexual robots. From the perspective of criminal jurisprudence, the relationship with these robots is not included in the concept of adultery, because being human is a condition for committing adultery, but whether the adulterer is alive or dead has no effect on this ruling. But there are different opinions about ta'zir of masturbation. The discussion of sex with robots in the field of criminal jurisprudence is the result of a logical inference from the two introductions of "sanctity of masturbation" on the one hand and the application of "sex with robots to the concept of masturbation" on the other. There is disagreement about the sanctity of masturbation. Also, the expressions of most Shiite jurists in the expressing the ruling of ta'zir for committing masturbation is on its fulfillment with the hand or other organs of the body, in which case, sexual intercourse with robots is not an example of masturbation. However, the rule of emergency in certain circumstances can negate the sanctity of the action and even make it obligatory according to some Sunni jurists.

"Anencephaly" is a fatal and incurable defect that due to the destruction of nerve tissue prevents the formation of the skull and brain in the fetus or infants. This can be recognized during the fetal period and at birth. Explaining the jurisprudential and legal status of anencephaly is one of the topics of criminal law challenge that the author of this article has tried to address. A fetus with such complications is considered a malformed fetus, and under certain conditions, medical abortion is permissible. Anencephalic infants are also very short-lived due to retardation and severe structural disorders of nerve tissue, but this does not mean that they are brain dead or uninhabited. However, the situation of these people is compatible with the state of insanity.

The present article seeks to explain the various hypotheses in which the defender can stand against the attack and defend him or others, despite the possibility of escape, by using the descriptive-analytical method and using the resources of existing libraries, both internal and external. Reflecting on jurisprudential sources as well as the laws of other countries, it becomes clear that none of them had an absolute permissible or negative approach to the issue of the right to escape in legitimate defense and tried to impose the "principle" on the necessity of escape if possible, but each Depending on the location and time, and even the personality of the defender and the attacker, exceptions have been made. In addition, in any of the jurisprudential texts or foreign sources, the defender is obliged to flee when the conditions for a "safe escape" exist for him. It is worthwhile for the Iranian legislator, while reforming the legal status of self-defense, to specify the various assumptions and cases of the possibility of escape and to determine the legal ruling of each.

Unlike to duress in murder which has been emphasized on its denial, in article 375, Islamic punishment law, enacted on 1392 expressly, has not referred on compulsion in murder by general act in Iran’s law. Some have known compulsion including willful murder with regard to article 152. Thus, the validity of such opinion is disputed, because compulsion and duress don’t have explicit difference with each other, but just, are different in terms of its risk source. In so far as compulsion is interpreted to duress resultant of situations and circumstances. The majority of Islamic jurisprudents didn’t accept compulsion in willful murder by denial of duress in willful murder by priority comparison. The findings of the present research show that, although there isn’t certain procedure in terms of such legal vacuum, but majority of judges and lawyers by citation of jurisprudence sources don’t have believe in justifiability of compulsion defense in the crime of willful murder, this paper tries to provide challenges in generality of such belief based on expressed case.

The aim of this study was to investigate the developments about victims’ rights in criminal law in light of criminal procedure law. Victim as one of the most important pillars of the criminal phenomenon has not yet found its real and decisive position in the criminal policy of societies. Criminal researchers have focused their utmost on elements such as crime, offender, and punishment, and as a result, victims of crime or crimes, which often play an effective role in the occurrence of crime, have remained out of sight. With the advent of victimology knowledge in recent decades, great steps have been taken to scientifically study the victims and to identify their characteristics and performance in a crime. In addition, the prominence of human rights issues through the adoption of global and regional documents and regulations on criminals and victims has provided a suitable platform for serious attention to the status of victims in national criminal justice systems. For this reason, material and spiritual protections of victims such as compensation fund, psychological and medical support are seen in the Criminal Procedure Code of 2013.

Today, the Islamic revival in the modern age depends on the motive for returning Sharia to Islamic law. Accordingly, Islamic law is considered as the cornerstone of Islamic identity and a deep look at the nature of Islamic law brings to mind the evolutionary process of legal and jurisprudential methodology. This great cornerstone and nature is not cohesive except on the basis of morality, justice and dignity, and is the basis of the alternation of that morality. What is discussed in this article is one of the most important international norms, which has a wide framework in the form of conventions, treaties, protocols and declarations. The right to the environment is one of the most fundamental human rights and the most strategic right to the realization of human justice and a proven solution in the third generation mechanism of human rights. All religions and schools have mentioned this issue, but the religion of Islam has valued and addressed it in many aspects, especially from the perspective of jurisprudence. The problems that the global environment is facing today is the lack of a suitable and appropriate model for human society that Islamic law can be a precise strategy in this regard and be considered the organizer of environmental developments in the international arena. However, in this research, we paraphrase and rethink in the field of jurisprudence and environmental law.

Many divisions of laws have been presented for a long time, one of the most important of which is the division of laws into substantive and formal. This division has its roots in the developments of Western Europe, including Roman law, which believed in the primacy of substantive law over procedural law. However, in the criminal systems, some distinctions have been accepted and a solution has been presented to enforce the laws to establish justice, respect the rights of the common people, and also to be the basis of the law. In Iran's criminal law, some distinctions have been raised by jurists and included in the law, but in some cases, the laws are similar. However, failure to resolve claims before referring to judicial institutions has led to ignoring the law, which causes problems related to proceedings. The question of the current research is, what are the criteria for separating the substantive laws from the form in terms of goals, features and functions in Iranian criminal law? The answer that can be given is that the criminal law system considers the goals of the substantive laws to be the originator of the right, dependent on the values ​​and norms of the society and a basis for the formation of laws. In contrast to formal laws, their purpose is to enforce the law, to restore the rights of the parties to the lawsuit, and they are considered a tool for the realization of substantive laws. In this article, the descriptive-analytical method is used.

The material authority of the military and law enforcement forces has various tools. The most obvious example of this severity of action is the use of weapons to maintain order and security in society. The authorities and responsibility of using weapons by officers is of fundamental importance since it is associated with the security of the political system on the one hand and the citizenship rights of the members of the society on the other hand, and investigating it in the laws of Iran and another country helps to explain the issue as much as possible. The present paper is descriptive and analytical and investigates the mentioned subject using the library method. The findings indicate that both in Iranian law and in British law, officers have the authority to use weapons in defined conditions and cases. These cases are more extensive in Iranian law than in British law. The right to legitimate defense, the necessity and the use of weapons as a last resort is one of the common aspects of the use of weapons in the laws of the two countries. The civil responsibility of officers is also accepted in the laws of the two countries. There is this difference that the injured party has the right to go to the police and the relevant authorities for compensation, which is limited in Iranian law, and in British law, it is possible to claim damages in cases such as psychological injury. Also, the criminal responsibility of officers in the use of weapons has been accepted in both countries, and in case of violation of the prescribed conditions, it will be followed by the punishment determined by the law in each specific case.

Damage compensation is one of the most important tools of criminal justice in international law, which is examined in the present paper from the perspective of jurisprudence and criminal law. This paper is descriptive and analytical and has investigated the mentioned subject employing the library method. The findings of the article show that, in general, the right to effective compensation, the right to be treated with respect and dignity, the right to support and assistance, and the right to request compensation are among the rights that are included in international and regional documents for victims of severe violations of human rights and international humanitarian law. The right to effective compensation includes the right to prosecute and punish people who are responsible for extensive violations of human rights. Indeed, compensating victims in international criminal law faces challenges. The extent of damages and injuries and the large number of victims are among these challenges. Non-cooperation of governments, difficulty in determining the amount of damage and lack of financial resources for compensation are other challenges in this field.

The aim of the current research was to identify the effective factors on the improvement of students' character in universities and higher education centers. The present research is of applied type. The current research population was managers and senior experts in the field of ethical behavior in universities and higher education centers. In order to measure the reliability of the questionnaire, the alpha method was used, which was 0.89. Thematic analysis and structural equations were used to analyze the data. The findings showed that the dimensions of the components of creating character in students are: attitudes of empowerment and virtue (intellectual growth, awareness, education, learning, positive interactions, competence, learning, moral knowledge, student spirit, respect for professors, the spirit of scientific work and participation active in class), personality attitudes (extroversion, adaptability, conscientiousness, neuroticism, empiricism, moral sensitivity, honor, conscience, sense of belonging to the university and responsibility), social attitudes (innovativeness, harm avoidance, perseverance, self-direction, cooperation , self-improvement, sociability, communication skills, confidentiality, respect for others, good manners and respect for educational laws), moral attitudes (moral education, teaching, cultivating faith, altruism, personal identity, moral values, religious beliefs , research ethics, jihadist spirit, academic ethics and academic achievement).