پژوهشنامه حقوق کیفری
سال سیزدهم شماره 1 (پیاپی 25، بهار و تابستان 1401)

In the Code of Criminal Procedure and the Islamic Penal Code the legislator's approach is to prioritize the public aspect of crime over the private aspect. As the legislator in Article 8 of the Code of Criminal all crimes have a divine aspect and in the Islamic Penal Code, the principle is that crimes are unforgivable. In fact, in committing any crime, instability in the public order of society is presumed. In this research, the forgivable and unforgivable crimes in the Iranian penal system have been studied analytically-descriptively. Consequently, the legislator's approach in not determining the exact criteria in the separation of these crimes, ambiguity in crimes that are legally forgivable, development of jurisdiction of the two criminal courts, ambiguity in how to determine the punishment for committing the crime of theft and fraud in Article 11 of the Law on Reducing the Punishment of Imprisonment, approved in 1399, failure to pay attention to public order in forgiving some important crimes such as fraud that disrupt public order and the privatization of criminal justice is considered inefficient.

Initially, most crimes were privately owned and there was no public or private litigation. Criminality and punishment with the formation of governments, were transferred to the government through public power. Hence, raising issues such as public order or public interest, persecution of the perpetrator was considered a right and duty for the government, and the concept of public aspect was created. The concept of public and private prestige and attention to personal and social interests is the basis for the formation of forgivable and unforgivable crimes in the Iranian legal system. With the passage of the laws after the Islamic Revolution, this approach underwent changes in the relevant laws. The main question of the article Is what is the effect of this separation on the justice and punishment system? And whether the legislative approach is considered effective? In the terms of response and hypothesis, it can be said that the result of this separation is so important that the execution of punishments or their fall depends on the forgiveness or non-forgiveness of the victim. And in some cases, it reduces the punishment and the main condition is the use of some compassionate institutions. On the other hand, the legislature must take into account the public order and the community's involvement in important crimes and consider the plaintiff's pardon ineffective. But the legislator with the ambiguity in the position of separation of crimes, the development of the list of forgivable crimes, the ambiguity in the phrase is legally forgivable and forgiving a crime such as fraud and reducing its gross punishment without cultural support and disregard for deterrence of punishment has not taken an effective approach. Therefore, while examining its historical-evolutionary course, the criteria for determining this type of crime and the effects of this distinction, which pay attention to the victim-right in determining punishment and in the general view of the tendency towards criminal policy models, are considered in terms of critical views and gaps in the latest legislative developments in Iran. 

In this research, forgivable and unforgivable crimes in the Iranian penal system have been dealt with by analytical-descriptive method.

In the method of determining crimes - forgivable and unforgivable in the legislative system of countries either the statutory method is used, which includes specifying this type of crime, or the statutory method, which includes the presentation of rules and criteria in determining the forgivability of a crime. In the Islamic Penal Code adopted in 1392, the legislature has divided crimes in this regard into three categories: unforgivable crimes, absolute forgivable crimes and conditional forgivable crimes. And in spite of the stipulation of forgivable crimes in Article 104, in Article 103, relying on the principle of unforgivability, it has determined the criterion of the human right to be a crime and the legally forgivable nature of that crime in human rights crimes. Of course, it seems that since the articles of the Islamic Penal Code or other special laws mention the forgivability of crimes of any kind (even if specified in the Shari'a), including crimes, limited crimes or subject to ta'zir on the other hand, in crimes subject to ta'zir, according to the jurisprudential rule of "ta'zir for all forbidden acts", the acts of ta'zir are legally assigned to the discretion of the Islamic ruler, and the right of people or being the right of God does not apply to this type of crime. On the other hand, there was no need to lay down the rule provided for in Article 103 and the method of legal calculation used in Article 104 seemed sufficient. Regarding the conditional pardon, the legislative approach is flawed. Because, on the one hand, in case of non-fulfillment of the condition or suspension against the defendant, in addition to damages to the victim, it will cause a delay in the trial. On the other hand, the legislature has not set a time for the fulfillment of the condition suspended. Therefore, it seems necessary to establish a unified procedure in this regard. With the passage of the Law on Reducing the Punishment of Imprisonment, approved in 1399, the scope of forgivable crimes was expanded. However, this development is desirable and defensible in the position of encouraging the perpetrator to satisfy the plaintiff by compensating his losses.However, the prediction of some criteria and criteria regarding the pardon of some crimes -Including setting a financial quorum for it, and generalizing this condition to consider forgivable the beginning of the crime of these crimes, which sometimes it is not possible to assess the amount of property at this stage- against property and ownership is criticized. Therefore, it would have been better for the legislator to be content with the condition of the victim and to compensate him. On the other hand, it was expected that the development of a new legislature in this regard would include some computer crimes, especially crimes whose traditional form is forgivable. 

The legislator, by maintaining the principle of unforgivable crimes based on Article 19 of the Islamic Penal Code of 1392, shall apply the rule for forgivable or unforgivable crimes.2. The legislature should consider his character and dangerous state in punishment for crimes that he deems forgivable, such as theft or fraud with the authority of judges. Not to reduce the punishment by half in all crimes, as noted in Article 11 of the Law on Reducing the Punishment of Imprisonment in 1399.3. Explain a more precise rule for distinguishing forgivable or unforgivable crimes or use the counting method. And remove the vague phrase legally forgivable. 

Concerning Hudud punishments, the dominant belief is that except for the Qazf, these punishments are all the right of God, and everything is determined in the Shari'a. The view is so dominant that the scientific discussion about the revealed possibilities of these punishments is left out according to the current rules and approach, the remission by the complainant for Hudud crimes does not affect the maximum punishment. Therefore, many convicts have been sentenced to death with remission by the complainant and are waiting for the execution of their sentence or amnesty. The main question arisen in this regard: Is it possible to raise the right of the people in Hudud and its effect on punishment or not in Hudud crimes where victim position affects the cause of hudud? This article is responsible for answering this question by using library resources and study of judicial procedure.

In Iran, two Conventionalism and Shari`atist discourses are competingly put together by the formation of the rule of law. One of the most important areas of contention has been the concept of right. In the post-revolutionary legislation, the vicissitudes of this contention can be clearly seen.The dominate belief in Hudud punishments is that these punishments are all Allah’s right, except the punishment of Qazf, so everything is determined in the Shari'a. The shadow of this view is so heavy that it does not allow scientific discussion and examination of the undisclosed potential of these punishments. Therefore; Although the subject of the verdict is clear in some parts, there are many cases that have not been well seriously questioned and general verdicts have been issued about them, so they do not have clear and distinct explanations. These challenges are now more apparent as some of the jurisprudential-criminal texts have been transferred to law and the courts are obliged to apply these laws.  In Hudud punishments, the legislator's attempt to link jurisprudence with common law is less than other sharia punishments, so the relationship of some concepts of common law with Hudud punishments is not clear. The subject of the right and its owner are among these concepts. By paying attention to some of the behaviors deserving Hadd, one can clearly see the presence of human rights alongside Allah’s right. However, this right does not interfere in the determination of punishments, and the victim of the crime is reduced to one declarant. Not only does his amnesty have no effect on punishment, but the rights of other victims of these crimes are not guaranteed. As a result, it has made the prosecution process more difficult. According to the current rules and approach, the plaintiff's pardon for crimes deserving of a Hadd, has no effect on determining the Hadd punishment. As a result of this approach, there are many convicts who have been sentenced to death despite the plaintiff's pardon and are awaiting the execution of their sentence or amnesty. In this regard, the main question is whether in crimes deserving Hadd, which the victim's position helps to create or increase Hadd, is it possible to raise the rights of the people within the hudud and its effect on punishment or not?

The present research has been done by descriptive and analytical method using library resources and judicial experiences and opinions. 

According to the findings of the research, all Hududs are not merely Allah’s right. The title of hudud (meaning the punishments whose cause, type and amount are determined in the Shari'a) does not have the truth of the Shari'a and is in fact in the religionist conduct. In modern terms, this definition is made by the community of jurists and a behavior can be both Allah’s right and People’s right in some circumstances. This amalgamation has been seen in the article and its effect on determining and stabilizing punishments has been measured and have consequences. 

contrary to the seemingly inflexible provisions of the Hudud, it is possible to determine the position of the victim in the criminal process and his pardon can be considered effective in reducing the punishment in some Hudud. In addition, by understanding the needs of the current society and citing some minority fatwas, a right was considered for people other than the guardians with the behaviors deserving the Hadd.  

Combinatory criminal policy based on the conscious and purposeful process of combining variables with maximum use of governmental, public and international capacities to control the criminal Phenomenon , by changing the scope of criminal policy, expands the border of crime from criminal law to administrative, disciplinary, trade union, etc. It is inspired by international and domestic documents, strategies and recommends and adopts a variety of measures. Studies show that the combined criminal policy strategy in the democratic model, with no complete abstraction from libertarianism and with the transformation of criminal law in favor of alternative variables, forms a positive and empowering synergy against crime.  But, in The totalitarianism model of negative and empowering convergence, along with the inflation of criminal law in order to maintain political order, will be accompanied by a maximum advance in the legitimate rights and freedoms of citizens. 

The Combinatory criminal policy is a new strategy in the field of criminal policy that involves maximum use of the capacity of the interface institutions and the complimentary of the penal justice system in response To  normalize, other than the judiciary on the one hand and the provision of the capacity of the executive, parliament, civil society, media, associations, and citizens to create consensus on the other. With all its influence, the approach of the Combinatory  strategy in democratic models and  totalitarian criminal policy is presented.

This research has been done by descriptive-analytical method and relying on democratic and totalitarian models of criminal Policy  and studying the laws and regulations of legal systems in the form of documents and libraries. 

In a democratic model, social capital is the ability to expand collective action and merge variables and use the capabilities of triple forces in the development of citizen maneuver space, diversion with the development of civil society in favor of civil society, reduction Of  enterprise and the use of community participation in optimal management of the country. In fact, the state function of the combinatory criminal Policy has led to the combination of social, economic, cultural, and etc that the existence of multiple variables generating crime leads to the combination of different variables in the  normalize andrespondology criminal policy of the criminals, judicial and administrative policy.In contrast, the combinatory strategy in a totalitarian criminal policy model is consistent with the superiority of executive branch institutions in policing and security networks, which can be legitimacy to eliminate or expel criminal,  incapacitation, corporal punishment development, and maximum suppression conditions. The possible formation of civil society and non - formal and secondary organizations is a means of bringing the subjection of political, social, economic, economic to citizens, which, on the basis, is defined by the government. so the crystallization of a combined strategy in these communities will lead to the benefit from the prevention of public crime, even to the privacy of citizens ' private morals, and the development of the range of criminal law through the open criminalization   and the strengthening of state networks of criminal policy. 

Combinatory criminal policy in the democratic model, with no complete abstraction from libertarianism and with the transformation of criminal law in favor of alternative variables, forms a positive and empowering synergy against crime, but in The totalitarianism model of negative and empowering convergence, along with the inflation of criminal law in order to maintain political order, will be accompanied by a maximum advance in the legitimate rights and freedoms of citizens. 

The Act of Reduction of the Ta’zir Imprisonment Punishments (2020) has adopted minimalistic attitude regarding imprisonment. Prison overcrowding, which is a result of increment in prison population and incarceration policies has increased the costs of custody of inmates and led to crisis in the management of prisons. Meanwhile, The Act of Reduction has sought to reach criminal minimalism and decarcerate prison population by reducing the imprisonment of some criminal offences such as kidnapping, making lots of others like defalcation, forgery in unofficial documents, fraud, and some cases of theft forgivable and shrinking the minimum and maximum of the imprisonment to half. However, precipitancy in codification of this Act and extreme attitude towards decarceration has marginalized the moral attraction of law and justice, leading to the creation of the presumption of commodification of punishments and has developed the atmosphere of bargaining to resolve disputes which would undermine deterrence of the punishments. 

The Act of Reduction of the Ta’zir Imprisonment Punishments (2020) implementing fundamental amendments in the Islamic Penal Code (2013) has adopted minimalistic attitude towards punishments and specifically imprisonment. Prison overcrowding, which is a result of increment in prison population and incarceration policies has increased the costs of custody of inmates and led to crisis in the management of prisons. Meanwhile, The Act of Reduction has sought to reach criminal minimalism and decarcerate prisons’ population by reducing the imprisonment of some criminal offenses such as kidnapping and making many others including defalcation, fraud and specific sorts of theft with definite value forgivable and shrinking the minimum and maximum of the imprisonment to half in 4th til 8th degree T’azir punishments and facilitating the application of mitigating factors. Accordingly, the rules on plurality of the crime and recidivism have been completely evolved and the discretion of the courts in aggravating the punishment in cases of plurality and recidivism has been restricted. The Motto of the Act is that the experiment of imprisonment and the maximized use of it have been unsuccessful in providing the goals of the legislature and controlling criminality and therefore revising the old policies is an unavoidable necessity. 

The methodology of the article is descriptive-analytical approach which has accomplished research on various literatures in criminal sciences (including books and articles) and the articles of the Act of Reduction of the Ta’zir Imprisonment Punishments and analyzed them.

The perspective of the Act of Reduction of the Ta’zir Imprisonment Punishments shows the insight towards decarceration is not an outcome of criminological or penological studies on the harmful consequences of prison and is in fact free of liberal approaches towards imprisonment. The enactment of the Act shortly after the enactment of the Act on Aggravating the Punishment of Pouring Acid and the Protection of the Victims (2020) which has considerably increased imprisonment and has prohibits the application of mitigating factors from the court and repealing of some articles of the aforementioned Act such as accelerating in crime according to the Act of Reduction depict a kind of chaos in the management of criminal policy making in Iran which on the one hand, tends to increase imprisonment and on the other hand, contemplates diminishing and decarcerating. Also, the enactment of the Act on Protection of the Juveniles (2020), which has unconventionally Increased the imprisonment even in unintentional offences, is another instance of such chaos. Indeed, three acts which were enacted shortly after each other, rival each other in approaches and attitudes of the legislatures, the reason being lack of a fixed expertise board in legislating, the main calamity in the legislation in Iran.precipitancy in codification of this Act, the lack of criminological and penological basis, extreme attitude towards decarceration paired with tendency towards financial punishments such as fines has marginalized the moral attraction of law and justice, leading to the creation of the presumption of commodification of punishments and has developed the atmosphere of bargaining to resolve disputes which would undermine deterrence of the punishments. Certainly, decriminalization and depenalization would be preferable to resolutions such as making the Ta’zir punishments forgivable and nonstandard decreasing them. Granting a vast authority to courts in order to mitigate criminal sanctions even in cases of plurality or recidivism, in which aggravating the punishment is mandatory, is ponderable and would practically confront the judges with the accusation of bias and nonconformity with neutrality.

The appropriate resolution to mitigate the problematic of the Act of Reduction would be revising it and omitting decreasing rules such as irregular halving the imprisonment and the mitigating institutions. The Act has been enacted without sufficient scientific studies just in order to decarcerate and lighten the burden of the justice system. It would be neither deterrent nor just in the current state and the criminal statistics show an increase in street crimes like theft and snatching after coming the Act into force which demonstrate the Act is unable to guarantee the general goals of the punishments including dispensing justice, protecting of the rights of victims, rehabilitating the offender and preventing the crime. 

The Law on Reducing the Imprisonment, , considers the punishment of destruction of property, is considered a subordinate of the amount of damages caused by the crime, and thus poses numerous challenges to the judicial authorities.This research examines the issue with a descriptive-analytical method and identifies the most important challenges in "time and quantitative indicator of determining the amount of damage", "determining the degree of crime and consequently determining the competent authority and appropriate surveillance","determining the punishment of a single perpetrator", determining the punishment of "multiple perpetrators" and the "determination of the punishment of multiple destructions" and then, with a scientific-practical approach, it is approved that the amount of damage caused at the time of destruction should be determined first by the victim's estimation and preferably by providing evidence and discretion of the judicial authority continue to refer to an expert if necessary.  Also, in case of occurrence of crime and when the damage extent is not known, a fine equal to one Rial of fine shall be imposed and in the case of accomplices of the crime, each accomplice and in the material multiplicity of the crime, the damage of each property should be calculated separately. 

Although the law on reducing the punishment of imprisonment has been passed with less scientific and theoretical goals, With functionalist and managerial approaches in order to reduce the prison population, nevertheless, in some of its regulations, it has made fundamental changes in criminal law. One of them is the change that has taken place in the way the punishment for "destruction of property" is determined; A change of scope, which in turn leads to a change in the criminal investigation process.

With the change in the type and amount of punishment for the crime of destruction of property according to the law reducing the punishment of imprisonment, the judicial system has faced several challenges in dealing with this crime. These challenges include how the judge determines the amount of damages and the final sentence. To overcome these challenges in the short term, the present study has collected and analyzed a set of different perspectives and then with a descriptive-analytical method examines the most important challenges and by considering the principles of criminal law, it has provided the most appropriate and practical solutions.

Article 677 of the fifth book of the Islamic Penal Code (Tazirat) provides the six months to three years of imprisonment for the perpetrator of destruction. In this article, the legislator had explicitly determined the type and amount of punishment and required the judge to determine the punishment by establishing the occurrence of the crime and attributing it to the accused, regardless of other components. With the occurrence of this crime, proving that the plaintiff had a financial right and its violation by the defendant was sufficient for trial and sentencing. After that, in 2020, the Law on Reducing the Punishment of Imprisonment in Paragraph "T" of Article 1 stipulated that the punishment of imprisonment subject to Article 677, if the amount of damage is one hundred million Rials or less, becomes a fine of up to twice the amount of the damage. As a result of this change, both the type and the amount of punishment for the crime of destruction are subject to an important factor, namely the amount of damage: Thus, if the amount of damage is more than one hundred million Rials, the type of punishment for this crime is imprisonment. However, if the damage is one hundred million Rials or less, this crime is no longer subject to imprisonment and the type of punishment is a fine. But the amount of the fine also depends on determining the exact amount of damage. Obviously, it will not be possible to determine the type and amount of punishment for this crime without determining the total amount of damage (more or less than one hundred million Rials) or its exact amount. The legislator's new method of determining the type and amount of punishment creates challenges for the pre-trial and sentencing stages, as well as the principle of determining the degree of the crime.

To overcome the existing challenges in determining the degree of crime of destruction, we have proposed that among the indicators of determining the degree of crime based on the amount of damage, determining the degree of crime based on the sentence in Note 3 of Article 19 and determining the degree based on the criteria adopted from the 759 Procedural unity vote, the latter case, should be used for more compatibility with legal principles. In the face of the challenge of determining the time index of the amount of damage, the time of committing the crime should be the criterion instead of the time of trial and issuance of the verdict. Finally, instead of being assessed by the injured party or referred to an expert, the recognition of the authority should be used as a more accurate solution in the short term for the prosecution of this crime. In the long term, the legislature must create a judicial unity to end these ambiguities to prevent the formation of conflicting interpretations. In the next step, it should review the regulation and reduce the criminal population of the prison as a goal in other ways, such as reducing the amount of imprisonment without any dependence on the amount of damages or giving more power to the court to convert or reduce imprisonment or using non-civic indicators. 

The indigenization of criminology is easy and unavoidable. The main issue of the present study is the question of whether indigenization of criminology is possible in Iran or not? The primary hypothesis was based on the possibility of indigenization of criminology in Iran but the analytical inquiry by considering the requirements and barriers to indigenization, using a descriptive-analytical research method based on a critical approach, showed the dominance of barriers over the requirements and the refusal of indigenization of criminology. Based on the findings of the article, some of the most important challenges are: 1- Three ontological, epistemological and methodological challenges. 2- Incorrect confrontation with the new humanities sciences and the new man as its child. 3- Lack of formation of the "society of criminology" in Iran and lack of consistency of its main components such as academic man, academic identity, discipline independence and lack of democratization of the space for growth and prosperity of science. 4- Absence of social context, criminology and the man of criminology in criminological explanations. The present paper discusses the possibility of future criminology indigenization, while pointing to the role of facilitators (requirements), proposes some strategies to pass the harmless challenges of indigenization.

Indigenization of Criminology is an easy yet difficult task. The current paper is an exploration for identifying the obstacles and exigencies, and evaluating arguments of two dominant discourses in this area, that is the Exigency Discourse and the Refrainment Discourse, and in the final analysis, answering the issue of possibility or impossibility of the indigenization of criminology in Iran. Regarding this, a wide spectrum of opinions, presumptions and approaches of the supporters and opponents of indigenization of criminology has been analytically probed, and on the other side, the approaches and discourses of those believing in the possibility and impossibility of indigenization of criminology in Iran have been put to the test of analyses and examination. The present research believes that production of science, in the general meaning, and indigenization of criminology, in the particular meaning of the word, is a mental, cognitive, and epistemological effort and indigenization of criminology means internalization of crime control in the social context using Iranian wisdom. This research , while correctly and efficiently assessing needs for addressing the issue of indigenization and having deep scientific belief that solving domestic issues takes domestic theories and approaches and given the fundamental necessities governing indigenization and analysis of domestic and external examples of miscalculated, slogan-like and instructed indigenization and while adopting scientific realism regarding the basics and sources of indigenous knowledge, has tried to present an honest and trustworthy narrative of the thoughts of supporters of the Exigency discourse, as well as tried to win them over in the documentation of the main question of “ why we are in need of indigenization of criminology?

The present paper has used a Qualitative and Descriptive-Analytical method, with a Theoretical – Critical approach. Considering the nature of the subject researched, the Theoretical – Critical approach gives the researcher the possibility to consider the arguments of supporters and opponents, and provide an epistemological occasion for identifying the obstacles and exigencies, and finally possibility or impossibility of producing domestic endogenous and exogenous theories of criminology.

The paper has analyzed and examined the opinions of the supporters and opponents of indigenization of criminology in Iran for proving or rejecting the raised theory (Possibility of Indigenization of Criminology), and in the battles of opinions, the authors themselves have not appeared as passive observers and mere narrators of competing arguments, but when appropriate, have provided scientific analyses, evaluations, criticisms and examinations of both pro and against arguments. The major arguments of the supporters of indigenization of criminology have been for scientific qualification of the domestic sources for the possibility of indigenization of criminology in Iran, and due to this, the Exigency Discourse has deemed itself needless of translation of basic sources of western criminology and refrained from imitating the theories of criminologists of pioneering countries in the Western Criminology area, and has stressed the adequacy of the domestic knowledge sources, and in contrast, the opponents of indigenization, while warning the supporters to avoid superficial, popular, pseudo-scientific and reductionist interpretations of compressed indigenization, have considered the area of science production and indigenization of criminology as the major manifestation of original thought,. The supporters and opponents of indigenization of criminology in Iran seem to be subordinate to various paradigms, and this has heightened the arguments between them, and left the possibility of scientific evaluation and final assessment faced with obstacles, though in the final analysis, the arguments of the Refrainment Discourse have had more prominence and weight, making the believability of the arguments of this approach easier.

The present research, following profoundly discussing and delving into the basics and domestic sources of indigenization of criminology and with attention to the necessities governing them, have concluded that: 1) Indigenization of Criminology is a cognitive and epistemological issue, and in fact, a clear example of production of science, and the research tries not to fall into the trap of science-worshiping, scientific racism and scientific sectarianism. 2) The Iranian science system has never been effectively and correctly faced with the manifestations of the Modernity such as the new science, enlightenment, Renascence, modern Humanities and modern mankind as its children, as well as the university and its main vocation (production of science), and still is acquiring, adopting and translating it, and in this capacity too, is suffering from the three challenges of ontology, epistemology, and methodology. 3) Finally, by analyzing the domestic epistemological sources on one side, and considering the rivaling arguments and the data from the Refrainment Discourse and research from the authors, on the other side, and by virtue of the dual models of Indigenization of Criminology (endogenous and exogenous), the Indigenization of Criminology will be impossible until next notice, but only by removing the existing challenges and barriers, there can be talk of Indigenization of Criminology by adopting the endogenous illuminating model in future.

Audience of the Islamic Penal Code 1392 in counting the types of punishment is real person and legal entities. Observance of the principle of equality and non-discrimination and philosophical justifications for the application of punishment require that all the penalties of this Code, including the subordinate punishment should be applied to legal entities. But by looking at the type of subordinate punishments provided in the said law, it becomes clear that these punishments are specific to real persons and cannot be applied to legal entities. In this regard, this article with a descriptive-analytical method, examines the possibility of imposing subordinate penalties on legal entities and in the end, this result is achieved which according to legal and philosophical justifications, subordinate punishments must be imposed on legal entities. On this basis, all kinds of punishments that can be applied to these institutions, are mentioned and finally, how to reach rehabilitation from these punishments is also described. 

In most legal systems of the world, Except for imposing the main punishment on the convict, other punishments are provided as subordinate punishment and deprives him of social rights for a while, that Should makes sense. Because the expectations of public opinion and the requirements of some jobs require that if a person committed a crime, does not get hired immediately for important jobs or cannot use some special privileges. Because this person has shown his anti-social status by committing a crime and it is possible that if he is assigned to the mentioned jobs, the temptation to commit a crime reappears in him. Therefore, it is necessary to deprive some jobs and privileges under the title of social rights for a while after the execution of the main punishment. The same argument can be applied to legal entities. Not only is there the possibility of a crime being committed by legal persons, but because of the breadth and scope of the crime, the consequences of their crimes are far greater.  In addition, legal entities have the same rights and obligations as natural persons, and may take on sensitive jobs and situations.  Hence, it is illogical to apply only the main punishment to these people and be able to enjoy social rights immediately, therefore, it should be possible that that subordinate punishment be applied to them as well.In addition, the execution of the main punishment may not have a specific deterrent in practice and apply immediately. But the imposition of subordinate punishment, or the deprivation of certain social rights, can lead to more deterrence, as is the case with real people. For example, young people, educated people, or employees may not have much fear of the original punishment if they commit a crime. Rather, one of the most important questions in their minds is whether they are deprived of social rights or not. Hence, subordinate punishment, in addition to achieving the goal of deterrence, also brings the criminal justice system closer to the administration of justice. In fact, legal entities, especially in financial penalties such as fines, are not greatly affected by the execution of the penalty, however, the fear of imposing a subordinate punishment or its application in case of committing a crime will have a certain deterrent in practice. 

This article with a descriptive-analytical method, examines the possibility of imposing subordinate penalties on legal entities.

In this regard, in addition to accepting criminal liability of legal entities, how to apply the types of applicable penalties to these entities is an important issue. Address of the Islamic Penal Code adopted in 1392 in counting the types of punishment is natural and legal persons. Observance of the principle of equality prescribes that all the penalties of this Code, including the subordinate punishment should be applied to legal entities. Because with the recognition of the criminal responsibility of this group of persons in the Islamic Penal Code approved in 1392, there is no longer any doubt that they will be held responsible for their criminal behavior. But by looking at the type of subordinate punishments provided for in that law, it becomes clear that these punishments are specific to natural persons and cannot be applied to legal persons.   ConclusionIn the end, this result is achieved which is based on legal and criminological justifications, subordinate punishments must be imposed on legal entities. On this basis, in order to achieve these goals, it is necessary for the legislator to provide subordinate punishments for legal entities. In this regard, some cases should be suggested, which is like deprivation of social rights for individuals, it can have a similar effect. Borrowing from banks and financial institutions, participating in auctions and tenders, changing citizenship, etc. is a social right and privilege for legal entities, that deprivation of them can be considered as an appropriate and subordinate punishment for these person. It should be noted that this punishment must have a duration and then the legal person achieves the restoration of dignity so as not to destroy the efficiency of legal entities and in a way motivate legal entities to continue their activities. 

Punishment is the most obvious form of government interference in the lives of citizens. Today, criminal policy makers do not deny the need for punishment and use the law as a tool to combat crime by meeting standards. One of these basic criteria is human dignity. The application of this criterion in sentencing varies depending on various political approaches governments pursue their criminal policy. In this article, the situation of punishment in the democratic model of criminal policy is examined. Human dignity is sometimes considered by criminal policymakers as the principles governing punishment, in which case on the one hand it avoids severe corporal punishment and on the other hand it maximizes fair punishments, which requires punishment as a necessity. Sometimes, in the light of human dignity and human rights, it leads to qualitative and quantitative changes in punishment, which leads to the elimination of corporal punishment from the criminal arsenal, as well as the humanization of the negative punishment of freedom.

Democracies of criminal policy, with their emphasis on humanistic ideas and individualism in the matter of punishment, have always considered human dignity as a precondition for any criminal policy. Human dignity, although in the past was only present in the teachings of religions and philosophical writings, but today it is in the center of global attention and is reflected in international documents and constitutions of countries. Democratic governments have dramatically placed human dignity at the forefront of sentencing, and punishment in the light of the principle of dignity is a limitation for the legislature of imposing unnecessary and inhumane punishments. Today, human dignity is considered as one of the foundations of social order as a new strategy of criminal policy and is reflected in the penal system of criminal policy models. The individual is far more penetrating and guaranteed in the deterministic layers of the punishment strategy. It is obvious that governments without the intellectual presupposition and philosophical ideology cannot achieve the goals they seek from the execution of punishment. Therefore, the extent of government intervention in controlling the behavior of citizens and its prohibition through criminalization and punishment depends on the type of political system and ideology governing the political structure of that government. The importance of justifying punishment stems from the fact that the "human being" as a part of the body of society, is considered in the context of the goals of punishment in the field of punishment. Therefore, one of the most important basic criteria in sentencing is the observance of "human dignity", which is called "dignity-based punishment". 

This research is a descriptive-analytical method using written and documentary sources; On the other hand, due to the lack of internal resources, the data has been collected mainly using external source. 

Democracies of criminal policy, with an emphasis on humanistic and individualistic ideas in sentencing, have always considered human dignity as a precondition for any criminal policy. Human dignity, although in the past was only present in the teachings of religions and philosophical writings, but today it is in the center of global attention and is reflected in international documents and constitutions of countries. So that by anticipating and approving it in international documents and obliging member states to comply with the content of this principle in domestic regulations, it has gained transnational validity and member states in their constitutions, which is the manifestation of legal recognition aimed at protecting the individual. And his rights are enacted, in order to guarantee and observe human dignity in punishment, they have given it foresight and supra-legislative validity. The role of human dignity in the new strategy of criminal policy can be examined from two dimensions. "Human dignity" is sometimes considered as a criterion of punishment by criminal policymakers, and sometimes in the light of human dignity and the achievements of human rights and criminology, it has led to changes in punishment in terms of quality and quantity throughout history and in the name of human rights as A "rightful" person is viewed as a human being and creates a change in punishment, which is a historical, historical and temporal phenomenon; Therefore, in the light of attention to the inherent dignity of human beings, various types of punishments, including imprisonment (imprisonment) have become more humane and prisoners have the basic rights as a "rightful" human being, as well as a trace of corporal punishment. It is not seen as flogging and amputation, and it is in the light of the protection and guarantee of the inherent human dignity that these punishments, in different periods of history, have disappeared from the criminal arsenal today.In the other dimension, the "principle of human dignity", as a criterion of punishment based on orbital dignity, causes the avoidance of unnecessary punishments. In other words, if punishment is imposed without the necessity of necessity, it deals with the criterion of human dignity and is not prescribed. Which in this model is based on the teachings of liberal thought and attention to freedom and individualism. Human dignity also acts as a limiter of inhuman punishments in the matter of punishment, which in this sense prevents governments from imposing some inhuman and cruel punishments in dealing with the dignity and honor of human beings. Consequently, the compliance of punishment with human dignity, even before it is considered necessary, is considered by democratic systems. The human requirement of considering punishment in the eyes of the democratic model is that the existence of guilt is a condition for the imposition of punishment on human beings, and on the other hand, the equality of individuals in punishment and the absence of degrading features should be observed.

One of the main results of this study is that punishment as a manifestation of government authority is closely related to the political and ideological system of each country, so that the "theory of punishment" is derived from the "political theory" of governments. Thus, the application of the criterion of human dignity in sentencing differs depending on which political approach governments pursue their criminal policy. The model of democratic criminal policy inspired by the liberal political system, based on its specific components such as "individualism", "freedom", "rule of law" and "minimal government intervention" has had a significant impact on the "theory of punishment". Therefore, human dignity as a divine gift should not be subject to the decision-makers and norm-makers of the legislative system, and under the pretext of committing a crime, punishments should be determined and executed that are inherent in dealing with dignity; This principle has penetrated into all layers of criminal justice and its observance is necessary at every stage of the criminal process (sentencing, sentencing and execution of punishment). 

This article also examines the extent of digital sexual harassment of adults by looking at transgender people. The present study is applied in terms of purpose and quantitative in terms of data collection by survey method. The statistical population of the study is Trans people living in Tehran, and next to them, a control group consisting of men and women aged 18 to 55 in Tehran was placed. Findings and The rate of sexual harassment is not the same between different sexes and is higher in transgender people. It was also found that, based on the statistical data of this study, the most common type of digital harassment is trying to establish romantic relationships. There is no statistically significant relationship between the use of social networks and software and the rate of digital sexual harassment. 1. Introduction Admittedly, the term "cyberbullying" is very rare in adults because of the ways in which the mass victim can be labeled an adult through the mass media and even domestic law. Our main focus in this study is on adults aged 18 to 55 with an emphasis on transgender sexual minorities because very little research has been done on crimes related to digital harassment. 2. Research methodThe present study is applied in terms of purpose and quantitative in terms of data collection by survey method. The statistical population of the study is trans people living in Tehran, and next to them, a control group consisting of men and women aged 18 to 55 in Tehran was placed. 3. Results and DiscussionFor the first hypothesis, analysis of variance was used, which showed that the rate of digital sexual harassment in transgender people is higher than women and men. Regarding the mean and standard deviation of the variables of digital sexual harassment, the highest mean is related to the variable of trying to establish romantic relationships, equal to 2.68, and the lowest mean is related to receiving scary letters or messages or computer virus in e-mail and other cyberspace for Having sex is equal to 1.06. Regarding the last hypothesis, Pearson correlation coefficient test is used and the results of correlation coefficient test show that there is a correlation coefficient of 0.03 between the rate of use of social network and software and the rate of sexual harassment, which indicates a very weak linear relationship. In other words, there is no statistically significant relationship between the use of social networks and software and the rate of digital sexual harassment. 4. Conclusion In this study, it was concluded that the rate of sexual harassment is not the same between different sexes and is higher in transgender people. It was also found that, based on the statistical data of this study, the most common type of digital harassment is trying to establish romantic relationships. There is no statistically significant relationship between the use of social networks and software and the rate of digital sexual harassment. Selection of ReferencesBernstein, A., Abuse and Harassment Diminish Free Speech (2016), Pace Law Review, Vol. 35, No. 1, 2014; Brooklyn Law School, Legal Studies Paper No. 432. Farhadi Alashti, Z. and Javan Jafari, A. (2017), “Cross-border challenges in the effective prevention of cross-border cybercrime”, Quarterly Journal of Intelligence and Criminal Research, Volume 12, Number 1, pp. 9-32. [In Persian]Guasp, A. Gammon A, Ellison G (2013), Homophobic Hate Crime: The Gay British Crime Survey 2013. London: Stonewall and YouGov. URL (accessed 6 June 2017). Jalili, Z. and Attarzadeh, S. (2017), “Laws and issues related to delinquency and transgender victimization in Iran and the United States”, the third national conference of the third millennium and humanities, Bandar Abbas. . [In Persian] Oxford Wordp Selection of References ower Dictionary 4th edition (2018), Translator: Abolghasem Toloo, Jungle PublishingPatrícia Brás, Vítor Alexandre Coelho, Marta Marchante (2016), Bullying and cyberbullying in Portugal: Validation of a questionnaire and analysis of prevalence, February, School Psychology International 37 (3).

The concept of ecocide was developed in response to the ecological war of the Vietnam through a legal simulation by Galston. In Galston's view, just as the destruction of human groups is a crime against humanity and has been criminalized as "genocide," the destruction of ecosystem(s) is a crime against humanity and must be criminalized as "ecocide" in a treaty. However, the international community has so far failed to implement Galston's idea and criminalize ecocide as an international crime. Using a descriptive-analytical approach and library resources, this research examines the process of developing this concept as well as its essence in Galston's legal perspective and to evaluate it. It aims to familiarize the legal community with the theory of ecocide crime, to provide a ground for ecocide criminalization at the four levels of local, national, regional, and international, as well as for the emergence of an universal criminal policy to protect the Earth against severe, widespread, or long-term ecological damages. 

Ecocide is a new concept in the fields of criminal law and international criminal law. This concept refers to the cause of severe, widespread or long-term ecological harm to the environment and ecosystems. The idea of ​​criminalization of ecocide as an international crime was raised in the 1970s for the first time. However, this green legal idea did not become an international criminal norm. This research seeks to study why and how this concept was born in the history of international criminal law. 

The current research was conducted in the field of the history of ecocide law. To this end, it was necessary that researchers return to the past and begin their historical studies in this field. The authors used a descriptive-analytical approach and library resources to study the process of invention of the concept of ecocide as well as its essence in Galston's legal thought, and to critique and evaluate this green legal idea from a legal point of view.

The concept of "ecocide" was coined in response to the ecological Vietnam War and through a legal analogy by Arthur William Galston, who likened the destruction of Vietnam’s environment by the US military to the Holocaust (the systematic massacre of Jews and minorities by Nazi Germany) during World War II. The difference between the two catastrophes is that in Nazi Germany, only the human society and the human ecosystem were attacked and a "human holocaust" took place, while in Vietnam, the natural society and plant and animal ecosystems were also destroyed. In other words, in addition to a "human holocaust," a parallel "ecological holocaust" occurred in Vietnam, which deserved criminalization. To this end, Galston used the same legal formula of Raphael Lemkin (who coined the term genocide), and introduced the new concept of "ecocide" from the combination of the Greek word "oikos" meaning ‘home, nature, and ecosystem’, and the Latin word "caedere" meaning ‘to kill, to cut down, and  to destroy’ to criminalize these destructive events. According to Galston's legal thought, just as the extermination of human groups is a crime against humanity and criminalized as "genocide" under international law, the destruction of natural ecosystem(s) is a crime against humanity and must be criminalized under "ecocide" by the United Nations in the form of a new international treaty. This is Galston's green legal legacy.The legal idea of international criminalization of ecocide failed at the time, but after fifty years, the result of Galston's critical and green legal thought can be clearly observed in the legal definition of ecocide given by the "Independent Expert Panel for the Legal Definition of Ecocide" on June 22, 2021, which provided a new and ecological definition of this crime for criminalization as the Fifth International Crime and included in the Statute of the International Criminal Court (1998); This definition marks the paradigm shift in the sphere of international criminal law and the transition from a Anthropocentric to an eco-centric perspective. According to this definition:"Article 8 ter: Ecocide For the purpose of this Statute, “ecocide” means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts. For the purpose of paragraph 1: “Wanton” means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated; “Severe” means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources; “Widespread” means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings; “Long-term” means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time; “Environment” means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space."

From a legal point of view, it can be argued that although Galston's legal idea is the first green step in the international criminalization of ecocide, the content of this innovative notion is not very clear, rich, comprehensive, and effective, and it cannot meet current legal needs of human societies and properly protect the planet Earth. The reason for this can be attributed to the recent emergence of this concept, Galston's lack of legal expertise, as well as the recent emergence of the two disciplines of international criminal law and international environmental law at that time. Nevertheless, the ecocide legal theory should still be considered Galston's legal legacy. Although he could not, unlike Raphael Lemkin, develop his legal idea and formulate a coherent legal theory of ecocide for its international criminalization, by inventing the concept of ecocide and proposing the idea of its international criminalization, he laid the first foundation of this green legal theory. Today and at the beginning of the third wave of criminalization of ecocide at the local, national, regional, and international levels, it can also be argued that Galston's legal thought has made its impact on the contemporary international criminal law. In fact, such a transformation in green vision in the sphere of international criminal law is the result of Galston green's legal thought and is, in fact, his "legal legacy." It was Galston who paved the way for this "green philosophical-ethical transition" in the international criminal law and ecocide criminalization alongside "genocide" and the recognition of "crimes against the environment" alongside "crimes against humanity." Now that the renaissance of the ecocide legal theory has begun, the international community in general and ecocide experts and researchers in particular can take positive steps by relying on each of Galston's four legacies to guarantee the right to a good environment and development of a coherent and effective criminal policy against ecocide in four local, national, regional, and international levels to protect the planet from severe, widespread, or long-term ecological harms. 

Perhaps one of the oldest and most pervasive tools that states use to justify their mistreatment of offenders and to oppose minorities is to build a dual enemy-citizen structure by implementing “naming” strategy. The genealogy of criminal law disputes is located in a continuum of punitiveness with a hostility- orientedness and antagonistic content on the one hand, and tolerance with the themes of friendship and dialogue on the other. The present article tries to show the hostility- orientedness approach in reaction to the offenders by way of thought experiment and axiomatization of theoretical propositions. As per the thought experiment conducted, a wide range of theories with various epistemological foundations stood against each other. These can be classified into, 1) theories based on linguistic consensus and dialogue (Rousseau, Arendt, Habermas, and Garland), and 2) Otherness theories (Jacobs, Schmitt, and Agamben). The causal explanation of punitiveness according to the extracted propositions showed that the root of hostility-orientedness tendency lies in the way governments expect and confront the socialization of social forces, regarding their type and way of socialization, in a way that if socio-moral duties and social principles are not carried out the way the government’s desire, the Otherization of the society will be on the agenda. To hold this tendency back, though, a revision of the epistemological system of criminal law (criminalization and sentencing), finding a solution for delinquency by considering the social context, and implementing a corrective approach based on tolerance and dialogue are required. 

The genealogy of criminal law is located in a continuum of security-orientedness with the aim of homogenizing society and with the themes of conflict and antagonism on the one hand (hostility-orientedness), and with direction of reform and treatment as well as the themes of consensus and dialogue on the other (friendship-orientedness).  These two tendencies are signs of punitive and tolerant criminal justice systems respectively.Rousseau’s contractualist approach, Arendt’s human rights approach, Habermas’ “communicative action” approach, and Garland’s social approach are instances of are instances of criminal justice system based on tolerance and reform. Rousseau’s approach holds that the social contract between the members of the society and its acceptance prevents disorder in the society; yet, if someone commits a crime and violates the contract and society at his own will, the authorities need to prosecute him and announce to the public that the social contract has been violated by him and that such a person is not considered a member of the community. Arendt tried to show that the consequences of the division of Europe after World War II was the overnight appearance of millions of stateless and helpless refugees and the conversion of large numbers of religious-ethnic minorities into second- or non-indigenous citizens. Habermas’ approach maintains that the goal of communicative rationality is to reach to an understanding between actors which eliminates the possibility of disagreement in a problematic relationship. Garland’s criminology of the self holds the offender as an ordinary human being who may commit a crime due to bio-psychological disorder or social deprivation. His criminology of other maintains that criminals are a group of offenders who are different from “us”. Such criminals cannot be understood as ordinary human beings.On the contrary, Jacobs’s punitiveness approach, Schmidt’s institutional violence, and Agamben’s exclusion-making and suspension of law are instances of security-oriented and differential approach. Jacob contends that, undoubtedly, the criminals who rise up in fundamental opposition to the existence of a political system must be considered enemy. For Schmidt, a political affair is nothing but a friend-enemy distinction, and violence is inherent in the politics; in fact, the political arena makes it possible to distinguish friend from enemy. Agamben also asserts that exception is a fabricated situation by the government to subject individuals or groups to its own rejection and denial by the suspension of law; and through this suspension, people who fall into the constructed framework of exceptions are removed from the realm of law. 

The present paper applies the qualitative method and thought experiment, and adopts a descriptive-critical viewpoint. A thought experiment is an analysis of an argument about a fictional story that is performed with the aim of confirming or disproving a hypothesis or theory. Thought experiments are used as evidences to justify the truth or falsity of reasonings, and they are not mere intuitions at all. A thought experiment, just like an actual experiment, acts as an innovative tool. This method of research, without standing in need of new experimental data, makes it possible to achieve a new “epistemic” situation. Carrying out thought experiments makes it possible to examine criminal law disputes based on the friend-enemy binary opposition. Moreover, drawing the boundaries of punitiveness-tolerance and its opposition in the structure of social order makes it clear how to regulate society by the criminal justice system and its epistemological foundations. 

State-centered centralism accompanied with a sense of authoritarianism has a higher punitive capacity than society-based or social system based on state-society synergy. That is because in these kinds of communities, the government, equipped with instrumentalism and demagogy, and with a justification of violence in public opinion, and by media stereotyping and highlighting public security, seeks to establish its position by demarcating its self/other or friend/enemy. It is clear that the weakness of states in the socialization of desirable normative regimes, especially with an authoritarian attitude and a redefinition of actors in the self-other/friend-enemy continuum, will lead to disorder and inefficiency. The impossibility of building linguistic consensus and social harmony, especially the rational establishment of normative regimes, may lead to social exclusion, a deprivation causing social conflict and antagonism, growing moral outrage, lack of social cooperation and the occurrence of various types of criminal phenomena (such as organized crime, corruption, etc.). Theoretical and probative evidences show that government punitiveness based on the construction of offenders as enemy will make social integration impossible; a convergence that focuses on the content of social cohesion and solidarity in the relationships between the judiciary and civil society, especially members of society. Reaching a common language and linguistic agreement on issues such as crime and criminals through accepting Others and an intersubjective relationship will be able to eliminate the unilateral and monopolistic tendency of the government. This will also pave the way for the social integration of minority groups, and also the return of criminals to the society. To hold this tendency back, though, a revision of the epistemological system of criminal law (criminalization and sentencing), finding a solution for delinquency by considering the social context, and implementing a corrective approach based on tolerance and dialogue are required.

As per the thought experiment conducted, a wide range of theories with various epistemological foundations stood against each other. These can be classified into, 1) theories based on linguistic consensus and dialogue (Rousseau, Arendt, Habermas, and Garland), and 2) Otherness theories (Jacobs, Schmitt, and Agamben). The causal explanation of punitiveness according to the extracted propositions showed that the root of hostility-centered tendency lies in the way governments expect and confront the socialization of social forces, regarding their type and way of socialization, in a way that if socio-moral duties and social principles are not carried out the way the governments desire, the Otherization of the society will be on the agenda.

In fact, "vandalism" or destruction of public property is a global disease of sabotage in the present century and is a deliberate and conscious behavior that is more focused on public and inanimate objects and is an indirect form of physical and residential aggression to reduce feelings. Failure or a way to achieve one's aspirations, which in turn violates public comfort. Vandalism is behavior itself, not the result of behavior; Vandal without material purpose only expresses his anger by damaging public property. And imposes heavy costs on the community, taxpayers, urban management, and other trustees for repairing or replacing damaged, utensils, tools, and belongings. In fact, with such deviant and destructive behavior, they harm not only the society but also themselves, and the purpose of this study is to answer the question of whether the phenomenon of vandalism can be controlled with criminal means? The library method has been used in terms of descriptive meta-analysis. Thus, the methods that overshadow the causes, factors and effects of vandalism and thus fight it fundamentally are a point that has been ignored in criminal legislation. And the findings show that the most important motivation of vandalists is curiosity, ostentation and revenge against society, which family disorder and social failure and economic inequality have an indirect effect on vandalism behavior. Overall, it is concluded that criminal control is not a good way to deal with it. Rather, in the process of answering, it becomes part of the problem. Therefore, through situational and social prevention; Expanding the legal powers of the police in the role of mediator, establishing non-governmental organizations, especially the formation of a special coordination council with the participation of various organizations, including; Education, governorate, municipality, welfare, law enforcement and radio and television in order to provide free cultural, social and economic education on public property and parenting education to families and identifying children and students with behavioral disorders and even the importance of public property in Textbooks can be a good way to combat vandalism.

Destructivism or vandalism is a sick phenomenon that exists in the urban environments of most societies. In sociological texts, vandalism is used in the sense of having a kind of morbid spirit. Since this phenomenon has various dimensions and roots in sociology, social, economic, political, psychological and environmental pathology, treatment and control must take into account the multidimensional and all relevant factors. Therefore, it is necessary to study and recognize factors such as psychology and sociology and their effects on a vandal, and various aspects of this, which are rooted in abnormalities, delinquent subcultures and other influential factors. Therefore, vandalism is one of the abnormalities that is the result of the relationship between the individual and society. Vandalism or destructiveness gradually spread and included any destructive, reckless, uncultured and cruel behavior. Vandalism is a global disease of sabotage in the present century and modern era and is called a global phenomenon. Vandalism is very similar to behaviors such as destruction, arson, insurrection, riot and terrorism, but the nature of vandalism is such that it occurs in certain places and times, and therefore the possibility of achieving the perpetrator is very low and it can be said that vandals have personality. They are special and, above all, with their mobs, they overshadow the public welfare, and by resorting to corrective methods, some of the characteristics of the vandals can be shifted from anti-social to social. With a brief and deep look, but deep and meticulous around us every day we can see hundreds of types of behavior, all of which indicate the mismatch and inconsistency of human behavior in their relationship with the environment, which is one of the abnormal social behaviors that although the formation of societies. It is a human being, but today it has become more and more prominent, it is vandalism. Behavior that has progressed in parallel with social progress has changed its appearance and has the ability to adapt to all available places. Therefore, vandalism is called the same anti-social behavior that is rooted in abnormality. But its rise and rise in societies makes vandalism worthy of control. Historically, it should be noted that attention to property and its importance and the destruction or intentional loss of property in Iran dates back to the period of Hammurabi, which was written by order of Hammurabi to pierce the wall, which is a vandalism is, severe punishment was predicted. Recently, a general position on social problems has become common among sociologists, which has been expressed in sociological analyzes and similar ideas and methods about different types of social problems, and everyone has at least one general concept of social problems in mind. For example, the consequences of the phenomenon of vandalism can be called a social problem and a detrimental effect on property, economy, culture and society.

The method of work in this research is library and in terms of descriptive-meta-analytical method using a collection of published books, Persian and foreign scientific articles, dissertations, scientific journals and is a tool for collecting information and data, documents and libraries. Therefore, the purpose of meta-analysis is that several studies have been conducted in the field of vandalism, and these extensive and scattered studies, each of which has addressed the issue with a specific approach. But the main problem with most of these studies is the lack of mastery of all aspects of vandalism, and the scattered results of studies in this area are not specifically in the realm of criminal law. The researcher has tried to provide positive analysis and inference of concepts that require reliance on the technique of analysis. The criminal dimension of the issue has been scrutinized in order to be able to reach appropriate solutions of non-criminal social controls to deal with vandalism in order to help the integration of knowledge in this field.

Findings show that the growing rebellion of human beings, especially the young generation, against social impositions and external repressive forces, not only shows their feelings of helplessness and helplessness, but also their anger and aggression due to their feelings of helplessness and helplessness. Hence, vandalism is an emerging and modern disease of the new society and a hostile reaction and a vindictive reaction to some forms of pressures, impositions, adversities, deprivations and external and social injustices. Thus, the most important motivation of vandalists is curiosity, ostentation and revenge against society, which family disorder and social failure and economic inequality have an indirect effect on vandalism behavior.

In general, it is concluded that in explaining the issue of criminal control of vandalism, first of all, the concept of punishment comes to mind. Punishment is a punishment that is imposed by the government from the beginning of the first brick of any society to preserve its integrity. But it must also be borne in mind that the whole social reaction is not limited to punishment. Today, a large group of social and preventive measures in the form of social reaction is perverted, and guaranteeing criminal executions for criminal control of vandalism is not the only way to protect the norms and official discourse. At present, criminal practices are no longer the only ones in the realm of criminal policy, but there are other forms of non-criminal social control, such as guaranteeing administrative and non-repressive practices, such as prevention, compensation, and reparation. Finally, criminal control is not a good way to deal with it. Rather, in the process of answering, it becomes part of the problem. Therefore, through situational and social prevention; Expanding the legal powers of the police in the role of mediator, establishing non-governmental organizations, especially the formation of a special coordination council with the participation of various organizations, including; Education, governorate, municipality, welfare, law enforcement and radio and television in order to provide free cultural, social and economic education on public property and parenting education to families and identifying children and students with behavioral disorders and even the importance of public property in Textbooks can be a good way to combat vandalism.