نشریه حقوق قضایی
پیاپی 30 (بهار و تابستان 1401)

 This study was conducted with the aim of recognizing the nature of pretending to commit a forbidden act and evaluating its position in the jurisprudential-legal dimensions and in terms of the method of data collection as documents and in terms of the method of data analysis by descriptive-analytical method. In Article 638 of the Islamic Penal Code (approved in 1996), pretending to commit a forbidden act is considered a crime. The ambiguity of the mentioned title, due to the lack of expression of its examples in the criminal regulations and the inadequacy of the legislator in determining the punishment for the forbidden act in this article, has faced many problems in its implementation. In the present study, by referring to the sources of Islamic law, the principles of the constitution, the principles of criminal law and judicial procedure and doctrine, the method of legislating criminalization in the mentioned article and the need for the legislator to pay attention to Sharia and constitutional principles and rules of criminal law And we came to the conclusion that if the legislative will is based on criminality to commit haram acts, it must define and specify its instances precisely in the penal regulations. Before amending this article, criminal judges are presumed to observe the principle of legality of crime and punishment and the principle of interpretation of criminal law in favor of the accused, citing Article 37 of the Penal Code, in cases of lack of text, ambiguity and conciseness, in a more balanced way. And act closer to the goals and purposes of the Shari'a and in many cases issue a verdict of innocence to the accused.

The knowledge of the occurrence of the result means the customary knowledge of the perpetrator as a result of his committed behavior is one of the constituent elements of the spiritual element in restricted crimes. This is referred to in indirect law as indirect or subordinate intent, while its essential and independent role in the intent of the outcome should not be overlooked. As in cases where the perpetrator of the world to the occurrence of the result, has no intention of the result. This poses a serious challenge to determining the criteria for obtaining knowledge of the occurrence of the result and makes the necessity of examining it in Iranian criminal law a necessity. In some cases, it is difficult to distinguish between intentional and unintentional crimes .As in cases where the perpetrator of the world to the occurrence of the result, has no intention of the result. This poses a serious challenge to determining the criteria for obtaining knowledge of the occurrence of the result and makes the necessity of examining it in Iranian criminal law a necessity. In some cases, it is difficult to distinguish between intentional and unintentional crimes it is difficult to distinguish between intentional and unintentional crimes

Competition is one the important matters in nowadays economics which its effects on countries economy is at high importance. According to Iranian constitution and priority of Islamic rules and jurisprudence to other legal sources in any fields, analysis on compliance or noncompliance of Islamic rules with competition Acts and regulations is at great importance, since its sequences on country economy has determinative role. Some of Islamic rule such as “la zrar” seems to be in compliance with competition and others such as “yad” doesn’t have this feature. The other issue should be mentioned in this article is scope of government interference in economy and its analysis according to Islamic rules and jurisprudence based on pros and cons opinions through descriptive-analytical method. It is concluded that the concepts and issues related to competition rights can be seen in the original Islamic resource more frequently than within the framework of laws and regulations of Islamic Republic of Iran

The transfer of the latest scientific and technological achievements (transfer of new technologies) is one of the most important and indices in the new paradigm of petroleum contracts (IPC). Higher efficiency and higher productivity, which leads to the highest interest and lowest loss in operation, on one hand and the diffusion and localization of technology along with the training of internal forces on the other hand, are important reasons for placing such a commitment in the new paradigm of petroleum contracts. however, the implementation of this obligation will always face various violations by investors (both in scientific and technical dimensions) due to the diversity of transmission methods and the combination of the technologies and the result of investors willingness to import the latest technologies (for more benefit in other contracts). These violations will eventually emerge in three cases: deficient or incomplete implementation, delay in implementation and failure to investigate possible violations in the entry and implementation of this obligation and to guarantee their violation of obligations under the contract; binding commitment, charging fee and termination of contract (which is also applicable in all three claims)as the rule governing the new paradigm of oil contracts. The article has come to the conclusion with descriptive and analytical method and with reference to library that by prolonging the time for claiming damages and creating a suitable deposit, the probability of violation can be reduced to some extent and the set goals can be guaranteed

Preventive teachings on the criminality of leaving alimony towards the wife in family crimes as a virgin field of study in the form of preventive and applied criminology with "emphasis on family education and teachings" can be called that which has been neglected until now and despite the existence of legal duties in the judiciary. No special attention has been paid to it. Due to the high rate of divorce in Iran, this lack of attention in this specific criminal title has led to the filing of many judicial cases on a daily basis and consequently the increase in the number of convicts, both legal and criminal, which is considered here as the criminal population, has significantly increased. In this research article, from the perspective of a descriptive, analytical and practical method, we are looking for a suitable answer to this question, based on the existing laws, can scientific and practical solutions in the form of practical prevention criminology be used to prevent the non-criminality of couples and reduce the criminal population of prisons in this specific criminal category. presented? In response, it should be said: solutions such as: paying alimony to the wife's card number, accessing the wife's bank account if necessary, using the family card plan in peacetime, paying to the justice deposit fund by sending a statement, obtaining invoices for purchases under Alimony, the traditional way of taking a witness in the payment of alimony, court-friendly reasons, in the general and specific disobedience of the wife, can be considered among the reliable preventive solutions in the absence of the husband's guilt in these cases.

Undoubtedly, one of the crimes that threatens the peace and internal security of countries and the international community in a mysterious and widespread way is the crime of terrorism, which has caused deep concern for almost all the nations and states of the world, and dealing with it as a Erga Omnes obligation Inclusion is demanded from all countries and because some Countries do not have the experience of threats and terrorist attacks, they have no desire and inclination to cooperate with the international community to eliminate the crime of terrorism And this seemingly simple issue has caused the continuation of terrorist attacks in the world. In this research, we will deal with the obstacles of applying the principle of universal jurisdiction in the fight against terrorism and we will provide guidelines for its acceptance and application. The research method in this article is descriptive and comparative, and the findings of the research show that the governments act completely monopolistically in the field of jurisdiction of the domestic courts, and it does not go too far to exercise global jurisdiction.