نشریه فقه جزای تطبیقی
سال دوم شماره 2 (تابستان 1401)

Virtual currency A new form of money in the world economy called cryptocurrency was created in 2009 to conduct financial affairs without intermediaries, following the financial crisis and distrust of central institution. It is a tool for technology development exchanges in the international and even domestic financial system in recent decades, which is used to develop international currency exchanges and reduce costs in the face of challenges such as the development of crimes such as money laundering, taxation, and illegal taxes. In the present study, first virtual aspiration as a new phenomenon, its thematology has been done, and then it has been studied with government jurisprudence. This research is a descriptive and analytical method and from the point of view of individual and governmental jurisprudence, based on the financial nature, virtual currencies are permissible at the individual level and from a governmental point of view and need to be further investigated.

Freedom of expression is one of the most important human rights rules that have always been debated.In the present paper, an attempt has been made to address the jurisprudence approach in supporting freedom of expression and its criminal guarantee in Iranian criminal law.The main question that has been raised and examined in this regard is what is the position of protection of freedom of expression in jurisprudence and what mechanisms and executive guarantees has Iranian criminal law devised in support of freedom of expression. The present paper is a descriptive-analytical, applying the library method.The findings show that in jurisprudence, according to rules such as good debate, the need for consultation, acceptance of criticism and criticism in the Prophet's life, freedom of expression is accepted. But this freedom is not absolute and in cases such as defamation of God, the Prophet and the Imams, and apostasy has some limitations. Also, in Iranian criminal law, the issue of explicit protection of the right to freedom of expression has been neglected, and only in special cases has a mere reference to its examples been sufficient when criminalizing exceptions to freedom of expression.

The crime of disturbing the economic order is one of the significant crimes that this paper tries to explore with emphasis on corruption on earth. The present paper is an analytical descriptive study, applying the library method. The findings of the paper show that the Iranian legislature has always been silent on the definition and concept of economic crimes. In addition, given that disruption of the country's economic system is a common title, the law for punishing disruptors of the country's economic system without providing a proper definition of it, using vague words, including major, macro, and frequency, does not help transparency in this regard. In addition, the title and definition of corruption on earth is not clear and the conformity of the jurisprudential approach to corruption on earth with the crimes of disrupting the economic system is unclear. If the disruption of the economic system is done with the intention of hitting the system or with the knowledge and awareness of the effectiveness of action against the system, it is an example of corruption on earth. While there is no provision for measuring the criteria for identifying an act w

One of the most important issues in the field of evidence structure of crimes in the criminal law system is the issue of adopting a gender centered approach, which has led to shortcomings and shortcomings in proving some crimes, including domestic violence against women victims. Findings of the study confirm that in the field of domestic violence against women, evidence of confession, testimony of witnesses, oath and knowledge of the judge have been affected by the victim's gender and women to prove domestic violence due to lack of witnesses, non-confession of husband and rejection of women's testimony They face challenges in some areas. The challenges of proving domestic violence against women, both in the field of enforcement, ie complaining and referring to law enforcement, judicial and forensic authorities, and in the field of justice and handling this issue in the courts, have affected and hindered the way for women to exercise their rights as women. The victim is domestic violence.

Reforming the structure of the judicial system by clarifying the criteria of judicial action has been the concern of the majority of criminal justice systems in recent decades. The meaning of judicial action criteria is the requirements that judicial actors in general and criminal judges in particular must adhere to. One of the most important sources in order to know the criteria of judicial action is to refer to the foundations and doctrines of jurisprudence. The findings from the descriptive-analytical study of the aforementioned criteria in the current criminal justice system of Iran, relying on the foundations and teachings of jurisprudence, show that: first; The criteria of judicial action (both positive and negative), parallel to the difference in historical, political and religious contexts in different legal systems, are different and a kind of relativity rules over their examples. Secondly; Most of the examples of judicial action criteria in legal texts and doctrines can be seen in the form of the need to respect the rights of individuals (citizenship rights), the independence and impartiality of the judicial authority. Thirdly; in the current criminal justice system of Iran, the legislator, influenced by the principles and doctrines of jurisprudence, has determined the aforementioned criteria on a case-by-case basis. Fourthly; The Iranian legislator has taken steps to provide for the guarantee of execution in case of violation of the standards of judicial action, which can be mentioned as the most important law in this field, along with scattered laws, the law on monitoring the behavior of judges. Despite what has been said, it seems that the Iranian legislator has remained silent regarding the ambiguous aspects of the indicators of judicial action and the results of not complying with them in the implementation of fair proceedings.

Domestic violence against women and especially the most violent form of this type of violence, namely honor killings, are important issues that have always been the subject of discussion. The present paper is descriptive and analytical and has investigated the mentioned topic using the library method. The findings of the paper indicate that the lack of sensitivity towards the issues of the victims and the lack of support measures in the criminal institutions, including police. The legislator's criminal policy regarding domestic violence against women, especially regarding murder, includes the sense of condescension. In such a way that there is no necessary deterrence to prevent crimes related to domestic violence, including women's suicide. One of the reasons for the killing of girls by the father, especially in the case of "honor killings", is the leniency of the legislator in punishing perpetrators of domestic violence in. In order to protect women against domestic violence, the laws should be amended in such a way that, while providing the conditions for immediate proceedings, prosecution and investigation, and proceedings in cases of violence against women not only depend on the complaint of a private plaintiff, but also failure to report these crimes by some informants such as school parents should also be considered a crime. In addition, it is essential to obviate legal loopholes for the protection of women by passing preventive laws to reduce crimes based on violence.

Governments have many responsibilities towards citizens. Establishing security and preventing crimes against citizens is one of these important responsibilities. In this paper, an attempt is made to investigate this important issue that what is the approach of jurisprudence and law towards this government's responsibility. The present paper is descriptive and analytical and investigates the mentioned subject using the library method. The results indicate that in jurisprudence, rules such as enjoining what is good and forbidding what is evil, the rule of prohibition of detriment, and the principle of necessity for the implementation of Islamic rules oblige the government to prevent crimes against citizens. In positive law, government, in its general sense, is responsible for prevention, especially social prevention, including situational prevention and growth-oriented prevention. In the constitution and other laws, regulations and duties have been established to meet the material and spiritual needs of people, and enforcing them and providing the basis for the application of the provisions of the law is the responsibility of the government, which is effective in reducing the commission of crimes. Founding of a proper and fair economy according to Islamic principles to create welfare and eradicate poverty play an effective role in preventing crimes against citizens. Multiplicity of laws and unclear mechanism for implementation of government's obligations in the field of prevention are the most important inadequacies in this regard, which needs to be taken into account by the legislative.

Achieving a fair trial in criminal matters depends on respecting the rights of litigants in order to secure their claims. Due to the sensitive position of the accused in the mentioned process, the judicial systems have paid special attention to his rights. The criminal procedure, unlike the substantive criminal law which addresses only violators of the law, includes all members of society (criminals and non-criminals). It pursues two main goals: first, to restore order disrupted by the crime, and second, to protect the fundamental rights and freedoms of individuals. In order to prevent the arbitrariness of some institutions and the violation of the rights and freedoms of individuals, the trial in the courts must be carried out in accordance with the principles and regulations known as the principles of criminal procedure. The path of implementation of the rules and regulations of the Code of Criminal Procedure, which is the arena of confrontation between individual rights and freedoms with the need to maintain social order and security, is such that rotation and inclination to one side is not possible except by criticizing the other; The procedure of criminal procedure should be regulated in such a way that while observing the interaction and balance of these two categories, the result is to ensure the security of the society while respecting individual rights and freedoms. In this article, these principles and reasons will be examined.

Menstruation is one of the most important crises in women's lives and the symptoms that women experience at this stage are among the most important challenges of care. Proving women's menstruation in these conditions can be considered as a main criterion in women's legal status, resulting in changes or decrease in their punishments. In Iranian law, especially the Criminal Procedure Code, some differences in the implementation of women's punishments, which include the postponement of the implementation of the punishment in pregnant women, have been enacted in support of them, but there are ambiguities and gaps in legislation and interpretation of the law regarding some of the conditions of women, such as menstruation. In some cases, the physical condition is an example of the disease, it changes the limits of women's obligations and responsibilities and can be one of the mental illnesses that affect the behavioral states of the individual, resulting in the disruption of the elements of the crime. Menstruation has no place in Iranian criminal law and the law has a structural and legal gap in this regard.

Suicide is always one of the most important issues that have prompted most countries to evaluate the various causes and factors related to it and provide a suitable solution in this field. It is difficult to identify suicide factors in any country due to the diversity of different cultures and ethnicities. According to the statistics obtained from the Welfare Organization and the General Department of Justice of Golestan province, women have the highest suicide rate, and the age groups of 15 to 24 years and urban residents and people with middle school education have the highest suicide rate. In this article, with access to various statistical sources regarding the percentage of suicide in Golestan province, a statistical investigation of suicide in this province has been done based on variables such as age, gender, education, employment, marital status and place of residence. The studies carried out in the research are analytical and descriptive and the findings indicate that in Golestan province, housewives and married women and young people have committed the most suicides, and the economic and emotional reasons are the most important factors in committing suicides.

Supporting children who have been victimized in cyberspace is very important because of their vulnerability. The purpose of this article is to examine the protection and compensation of children who have been victims of cyberspace. The current article is descriptive and analytical and has investigated the mentioned subject by using the library method. The findings indicate that the support of children who have been victimized in the cyberspace is done in the form of acknowledgment, criminal support, compensation and social help. Legislator's protections for children who have been victimized in cyberspace are in a few cases such as Clause 9, Article 10 of the Law on Protection of Children and Adolescents, and in other general laws. In addition, compensation for material and moral damage and compensation in the form of providing medical treatment services are the most important methods of compensation for children injured in cyberspace. The compensation method, especially in moral damage, is ambiguous and is left to the discretion of the law. In addition, a specific mechanism has not been defined regarding the government's responsibility in compensating the damages caused to children who have been victimized in cyberspace in the event of the offender's incapacity.

Administrative procedures and processes can create a suitable ground for creating administrative corruption. The solutions provided in each legal-political system to fight corruption are different. Special conditions prevail in Iran's legal-political system. In this system, jurisprudential foundations are considered as one of the basic foundations; As a result, religious teachings in different parts have special importance. The purpose of the current research, which was compiled with the descriptive-analytical method and library tools, is to explain the solutions to fight against administrative corruption from the point of view of religious education. The findings of the present research show that there are elements and topics in religious teachings that can take an important step in the fight against administrative corruption by relying on ethics and cultivating the power of self-management. No matter how much there are control tools in a legal-political system, if managers and executives do not benefit from moral health and internal deterrence, said tools will not be effective.