پژوهشنامه حقوق کیفری
سال سیزدهم شماره 2 (پیاپی 26، پاییز و زمستان 1401)

The rule of Darʼ has two aspects: real and evidentiary. This article tries to study the crimes that are influenced by the evidentiary dimension of the rule in the jurisprudence of Islamic schools and the law of Muslim countries in a comparative and descriptive-analytical method. The results indicate that the rule in all schools waives the crimes subject to Diyat and includes the Hodoud, and excluding the Qazf from this inclusion, which is seen in some Jurisprudential opinions, has not been accepted by the legal systems of Muslim countries. In the two categories of crimes punishable by Retribution and ta'zir, there are differences in the Jurisprudential opinions and views of the legal systems. In Fiqh and the legal system of Sunni countries, the rule includes retribution, not ta'zir. In Imami jurisprudence, there is disagreement about the inclusion of the rule in these two categories of crimes. Despite the Generality of Article 120 of the Islamic Penal Code, in our country, it should be said that the rule is also valid in ta'zir, but it does not include retribution.

Today, the study of "corruption" as a complex and tangible phenomenon is considered an important and fundamental issue in all countries. It can be said that the phenomenon of corruption is more or less present in all countries, but what is important is that the effect of corruption in today's world can't be limited to the same country that suffers from the phenomenon of corruption. That is why international institutions, with the support and insistence of countries that are less involved in this phenomenon, seek to take concrete and effective measures in all countries to fight corruption. Obviously, any effective and useful action in any country depends on comprehensive mastery of this phenomenon from various social, cultural, economic, political and legal aspects. Also, an important aspect of the study in this field can be the historical aspect of the case, which examines the historical developments of the concept and nature of the phenomenon of corruption. Such a study is one of the tools needed for a comprehensive study of the effects of corruption and how to combat it. In this article, we have tried to address only a corner of this historical aspect.

The Iranian legislature has used the old division of actions into sovereignty and commercial activities in various laws without announcing specific criteria. In the note of Article 20 of the Islamic Penal Code enacted in 2013, the imposition of punishments onto the governmental and nongovernmental public institutions including the municipality in the exercise of sovereignty have been banned. In this article, with a descriptive-analytical method, we try to explain the legislator's approach to the crimes committed by the municipality in the sovereignty and commercial activities, Which we have finally could include; Firstly, in crimes requiring ransom, the legislature explicitly refers to the criminal responsibility of the municipality, regardless of the sovereignty or commercial activities of the municipality, in the note of Article 14 of the Islamic Penal Code. Secondly, in crimes requiring discretionary punishment, despite the explicit note of Article 20 of the said law Due to the doubts and ambiguities in the sovereignty or commercial activities of the municipality on the one hand and the legislature's criminalization of all acts near to the definition of sovereign acts on the other hand,Iranian criminal law in both categories of actions has made the municipality criminally liable.

Accessory occurs when a person, with behavior out of crime, causes "influence on the decision-making process by the main perpetrator" or causes "strengthening the possibility of his success". Merely proving the intention of the deputy in connection with his behavior will not be equal to the complete realization of the mental element of accessory. In this regard, the deputy must have some kind of "psychological connection with the main criminal event". Such a connection is realized when he, while committing his behavior, is "aware" of the "nature or title" of the crime that the psychological element of the main perpetrator covers its "occurrence". By establishing such a relationship, the "unity of the psychological path of the deputy and the main perpetrator" is formed, and in such a situation, the ground for the full realization of the mental element of the accessory will be provided.

Ordinary bankruptcy rulings have become a new way for large debtors to getaway from the payment of claims because of supporting aspects.. Although criminal bankruptcy rulings reduce claims, bank claims have not diminished since criminal convictions do not apply to legal entities. This article uses a descriptive-analytical method to examine the rules and its role in increasing claims as a result of fraudulent actions of bank debtors in receiving a bankruptcy order without worrying about receiving a criminal sentence. The result of this article is that by reviewing the existing regulations and differential criminal policy against white-collar crimes compared to the crimes of ordinary people and by using criminal judicial policies such as issuing unanimous votes, a new procedure to prevent criminal bankruptcy crimes can lead to better results in this fielld.

Thoughts that try to present a realistic picture of punishment in the social structure, cannot ignore the hidden relation between punishment and power. Genealogy of power developments shows that how developments of power can impacts the developments of punishment. From the tragedies of torture to the bureaucratic punishments, all of them are The reflects of the effects of power. Also, a realistic analysis of punishment cannot ignore the role of punishment. Punishments during the times consistently were Reflects of the impacts of cultural elements. We cannot ignore the impacts of theological cultures on the tragedies of torture. Also, it is hard to deny the impacts of current civilized societies on birth of bureaucratic punishments. However, the problem of most sociological analysis is presenting a realistic image from quality of interaction between culture and power. Punishment has multiple realities. This article tries to show the quality of interaction between power and culture.

Almost all governments, whether libertarian or authoritarian, resort to filtering in order to prevent crime in the cyberspace due to political, cultural, etc. considerations but often due to technical and criminological limitations and inappropriate filtering, not only are they not successful in achieving their goal, but also violate fundamental human rights such as the right to freedom of expression and information and the right to privacy. Therefore, this article, examines whether filtering is a crime prevention way or as a crime itself. This article concludes in a descriptive-analytical approach that if governments are satisfied to the legality of filtering and disregard for conditions such as the necessity and appropriateness in filtering it has led to their excessive interference in the fundamental human rights of citizens and the damages caused by such filtering can be raised by the use of critical criminology teachings with the approach of social pathology in the form of state crime.

Like other human beings, judges can be unknowingly influenced by feeling and emotions. This article tries to identify and explain how such limitations can affect judicial decisions. Benefiting from library tools and using the results of experimental studies carried out in other countries, the paper reveals that judicial decision-making is not a merely mechanical process formed based on the contents of the case and the compliance of the matter with the laws. Rather, the feelings, emotions, and other cognitive limitations of the judge's mind may incorporate into judicial decisions through the influence of Method I (intuitive and cognitive perception) and subconsciously through Method II (reflective and reasoning perception) and consciously. Therefore, aimed at minimizing the influence and impact of these errors and biases in litigation processes, we have to purify the minds of judges from such biases and perceptual mistakes by informing judicial authorities about the nature and mechanism of action of these cognitive limitations.

In Article 96 of the Law of Procedure 2013, it is explicitly and with special conditions allowed to publicize the accused through means such as mass media, and in this regard, in Note 2 of Article 353 of the aforementioned law, the publication of the proceedings and report of the case in public trials, which includes the disclosure of details The plaintiff and the defendant are prescribed under special conditions. In addition, by reviewing the articles of this law, other cases of the defendant's publicity can be dealt with. This research, with descriptive analytical method and using library sources, tries to prove that according to jurisprudential sources (Imamiyah) and legal texts, there is a license to publicize the accused in ways such as making accusations or publishing blurred and checkered images or publishing the first letters of the name and surname. There are no defendants, and in addition, publicizing the defendant in the shadow of cases such as the publication of pictures should be done rarely and under special conditions.

FATF started its activity by establishing international standards in the field of combating money laundering, and then, in the context of international developments, extended the scope of its duties to combating the financing of terrorism. By evaluating countries' actions in implementing these standards, this institution presents the results of its investigations in annual reports. Since February 2008, FATF has included Iran's name in the list of countries under surveillance in its public statements. On the other hand, Iran, while accepting the implementation of the action plan, has taken steps to approve and amend its laws and regulations. In this article, in a descriptive-analytical way, analyzing the interaction of Iran's criminal policy in the face of the recommendations and also the action plan of the FATF, in some cases, especially in the field of dealing with the financing of terrorism, there are serious and fundamental points of conflict. In this article, we will analyze it in a descriptive-analytical way.

Surveillance of economic activities is considered an important solution for preventing corruption and economic crimes. Its efficiency depends greatly on the nature of the economic system. When it comes to a specific economic system, traditional approaches may be inefficient to prevent economic crimes. Now, the present research sought to investigate the potential link between surveillance as a preventive solution and the nature of Iran's economic system. The type and structure of Iran's economic system is a serious obstacle to the efficiency of preventive monitoring. This situation with the increased number of monitoring entities and methods has created a condition based on extensive overlap between regulatory measures, the rise in corruption in monitoring, provisional security, and changes in the opportunities to commit a crime. Being separated from the international economy, Iran's economic system cannot follow cross-border principles. So, a monitoring approach focused on an independent entity is required until it becomes In line with the global economy.

Parental fear of children's victimization has always been a major issue in human societies; however, few studies have attempted to examine it in Afghanistan. This survey was conducted in 2021 using simple multistage sampling. The findings suggested a very low, medium and high fear of children's victimization among 16.7, 14.1 and 68.9% of parents. A medium to high level of fear of children's victimization among parents was 83% which is quite high. Inferential findings suggested no significant relationship between parental fear of children's victimization and "ethnicity, home ownership status and subcultural diversity"; however, a significant relationship was found between other variables. The regression results showed that the "level of education, social disorganization and local connection" describe a percentage of parental fear of children's victimization.