نشریه فقه جزای تطبیقی
سال سوم شماره 1 (بهار 1402)

The principle passive personal competence, as one of the principles of jurisdiction governing criminal law applies when a crime is committed against a citizen outside the territory of a country. In this paper, with using of descriptive-analytical and library methods and by study and adaptation around the principle of passive personal jurisdiction in the criminal law of Iran and the United Kingdom and by looking at international documents, the following results have been obtained: firstly, in Iranian criminal law, the principle of passive personal jurisdiction is accepted for all crimes in accordance with the conditions and arrangements, but in British criminal law, it is accepted just for only some very important crimes, including hostage-taking and various aspects of terrorism, such as murder, Kidnapping, the use of explosives. Secondly, there are differences in the criminal law of Iran and the United Kingdom based on the terms of the conditions for the realization of this principle. Such as, in Iranian criminal law, the conditions of No previous consideration and non-implementation of double punishment in case of some crimes such as Qesas, Diat and Tazir are not accepted by the legislator, and However, in British criminal law, these conditions apply to all offenses under this principle. Thirdly, the condition of trial in absentia in the application of this principle is not accepted in the laws of both countries. Therefore, in terms of the application of this principle, the position of the UK criminal justice system is more in line with international instruments.

Digital currency is an innovation arising from the expansion of the Internet, and due to its economic function, it is one of the issues of social sciences. Digital currency is the realization of an economic idea in the form of a computer program that has quickly passed the stage of acceptance by society. In this paper, an attempt has been made to examine and explain the jurisprudential nature and impact of digital currency in preventing money laundering. The present paper is descriptive and analytical using the library method. The findings indicate that the general acceptance and ability to buy and sell digital currency, which is based on intellectual benefits, can be an important reason for it to be recognized as valid currency by jurisprudence. One of the disadvantages of digital currency is the possibility of misuse of this currency in the crime of money laundering. The hiddenness of users and activists of digital currency can lead to its use in money laundering, but monitoring it through exchanges and creating a platform of transparency in transactions can prevent money laundering through digital currency, which itself requires the legalization of buying and selling this type of currency and drafting the necessary laws in this regard. Therefore, it is necessary for economic policy makers to take a careful approach towards digital currency and while accepting this type of currency, the necessary rules should be set and formulated in this regard. This issue is more important when it is noticed; the country's economy cannot be indifferent to monetary and financial developments at the international level.

Judicial security is one of the important issues that implies the guarantee of citizens' judicial rights by the government. Judicial security is of great importance due to its close connection with the judicial rights of citizens and the increasing attention to these rights. In this article, an attempt has been made to examine the question of what Iranian jurisprudence and law as well as human rights documents have regarding judicial security, and what is the place of public proceedings as one of the important elements of judicial security in Iranian jurisprudence, Iranian law and human rights documents? This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The results indicate that judicial security has several elements and components, such as the principle of acquittal, the principle of the right to access to a lawyer, the principle of impartiality of the judge, the principle of sufficient opportunity for defense, which has been taken into consideration in both jurisprudence and human rights documents. Publicity of proceedings is also one of the important guarantees of criminal proceedings, which is emphasized in the Constitution of Iran and the Law of Criminal Procedure of Iran and numerous human rights documents. In the principle of acceptance of judicial security and public proceedings, no difference can be seen between jurisprudence and Iranian law and human rights documents.

Lifestyle is the way of life of individuals, groups or communities that face their daily physical, psychological, social and economic relationships. There is a close relationship between Islamic lifestyle and crime prevention. Because in the Islamic society, if people pay attention to the orders of Islam and follow them, crime will be greatly reduced and crime will be prevented. A coherent set of behavioral patterns arising from religious teachings, which is introduced in the framework defined by religion as a religious lifestyle, which plays an effective role in preventing the formation of criminal intent and its transformation into a criminal act; Therefore, the lifestyle derived from divine beliefs, as one of the effective factors in dealing with and preventing crimes, by having these elements of prevention, has gained special importance in preventive criminology and creating order in society. Taking advantage of the Islamic lifestyle makes it possible to prevent abnormal behavior in the society. Of course, risk management and control within the framework of lifestyle according to Islamic teachings will be effective in reducing and preventing crime. In addition, strengthening and institutionalizing the Islamic lifestyle is one of the basic and effective mechanisms for reducing crime and social anomalies.

This paper addresses the jurisprudential and legal study on marriage and divorce laws in the family protection law approved in 2012, with an emphasis on criminal aspects. According to jurisprudential and legal texts, divorce is considered to be a husband right and this has not changed in the family protection law but the formal conditions of divorce have changed. Based on Article 2 of the law, the family court is formed with the presence of a female consultant judge. In Article 16 the issue of family counseling alongside the family courts is mentioned and the use of psychiatrists, psychologists, and social workers alongside the judicial staff is considered necessary. Regarding the criminal aspects of marriage and divorce, the results show that according to the family protection law, failure to register a marriage is punishable by a fifth-degree fine or seventh-degree imprisonment, and failure to pay alimony and Mahr is also punishable by imprisonment.

Legal formalism takes an inflexible approach in the field of criminal offenses by giving importance to the unquestioning acceptance of the law in the field of crimes and determining the punishment for criminals. In contrast to this approach, another type of criminal law has been proposed, which defends the role of various factors in the occurrence of crimes, such as: individual characteristics, environmental and social factors, and also giving importance to the role of interpretation of laws, the authority of the judge. and issuing judgments based on the status of criminals entered the arena under the title of realism. Therefore, the realism approach can be considered as a critique against formalism. The findings show that in response to the inefficiencies of this approach in determining punishment in criminal matters, legal realism has been proposed. Realism is a method to overcome the shortcomings of the law, its inflexibility, replacing community-oriented methods instead of prison and retribution, paying attention to the judge's creativity in cases where the law is not a solution, and also a more accurate application of crime and punishment. In domestic criminal laws, alternative punishment, considering justice and benevolence in determining punishment and crimes, and also assigning a role to the judge's creativity are solutions for using realism in the field of the criminal system. The present research method is also descriptive and analytical and using documentary and library sources.

Virtual space and its functions in human life have expanded more and the effect of its progress can be seen in all aspects of human life. Crypt currencies and digital currencies are one of those platforms. Digital currencies are not only a tool within the scope of the creating company, but the produced crypto currency is exchanged as money all over the world according to the importance and fame of the creating company. For this reason, economic and financial policymakers and statesmen should take steps to create the future by predicting developments and organizing crypto currencies and creating real and effective regulations. Since in Iran jurisprudence is the guide for all civil, criminal and administrative laws of the country. In this context, the main plan and solution in relation to digital currencies is to pass laws and regulations that respond to the growing and complex developments of this scientific world. Laws based on which it is possible to identify users and traders in order to create legal requirements. In order for the laws, especially in the field of digital currencies, to have the property of order and realization of justice, and on the other hand, not to hinder business and scientific dynamics in the society, technical and scientific experts, businessmen and activists in this field should be used in its regulation.

Abortion is one of the important issues that has always been the subject of debate and disagreement. The purpose of this article is study on the conditions of abortion from the perspective of medicine, jurisprudence and criminal law in the light of mother's health. The findings indicate that from the medical point of view, if the health of the mother or the fetus is in danger, it is necessary to perform a therapeutic abortion. In Islamic jurisprudence, jurists have unanimously considered abortion to be a sin and prohibited, and abortion is also prohibited in Iranian criminal law. The the health and distress of the mother is most important condition for the permission of abortion in jurisprudence. From a jurisprudential point of view, if the mother's life is in danger, to abort the fetus before the soul is breathed into the body, citing jurisprudential rules La-Zarar is permissible. The health of the mother is also mentioned in the law as one of the conditions for abortion. In the Family and Youth Protection Law, the conditions of abortion are limited, and cases such as mother's harassment must be determined by the judge, and the mother's request for harassment is not enough.

With the expansion of new information and communication tools, new methods of communication between people were created, all of which can be cited in courts of law and arbitration. People are more inclined towards these methods and tools in their daily relationships due to various reasons including ease. As a result of this issue and the advancement of these tools and information, it is possible to avoid the physical presence of litigants and to use and present evidence in the proceedings. In advanced countries, it has been more than a decade that all the elements of a lawsuit in the courts have been followed electronically from the beginning to the end, and apparently our country has also moved in this direction to some extent. The purpose of this research is to examine the evidence of electronic proof, its value and validity, as well as its legal challenges. The results of the present research show that in Iran's legal system, in many cases, evidence of electronic proof has not been codified. Also, in many cases, there is no ruling regarding this category of reasons. As a result, it is better for the legislator to adopt clear positions in this field and to express the mechanism of using such reasons in the substantive laws as well.

The purpose of this research is the comparative study of Iran's criminal policy regarding drug crimes in the addendum of Article 45 with Convention of 1988, which is carried out by a descriptive-analytical and library-documentary method. The research results show that the legislator's excessive recourse to severe punishments, including long-term imprisonment and execution, is clearly seen in the law and always included in the anti-narcotics programs in the criminal policies of the post-revolution era. Despite joining the 1988 Vienna Convention and international opposition to heavy punishments, including execution, this procedure still remains in force. The elements related to drugs in Article 45 are around the reduction of punishment about drug crimes, including the use of weapons, having a leadership role, having a record of definite conviction, the possession of a certain weight of the substances that are the subject of the crime, and the use of children and insane persons.

The main duty of the judiciary in any legal system is to fight corruption and monitor the correct implementation of laws. Judiciary, like other powers, has a unique structure and a high management system. The purpose of the current research, which was carried out with a descriptive-analytical method and with library tools, is to investigate and analyze the styles of the management of the judiciary in Iran and Europe. The results of the present research show that there are three styles for managing the judiciary in European countries, and the most important of them is the council and decentralized management in the judiciary. The main style in Europe is to create judicial councils, keeping judges separate from political and external pressures, especially the executive branch. Judicial councils are a means to preserve and enhance judicial independence by taking the authority to appoint judges from the executive branch. But in Iran's legal system, after the implementation of constitutional reforms in 1989, the council management style was dissolved and the centralized management method replaced it. This method is more compatible with the needs of Iran's judicial system by taking into account the jurisprudential foundations of Iran's legal system and the existence of the principle of jurist’s sovereignty.

Visiting for treatment and giving consent to doctors to carry out therapeutic interventions, following their orders by the victim and seeking help in treatment and carrying out actions by the aggressor, although it cannot be forced, but in custom and jurisprudence rules, it is considered as a duty to treat or provide relief. is taken and in case of the effect of such recklessness in realizing the result of death according to the subject, the criminal liability of the perpetrator will be reduced to the extent of the fault of the perpetrator against or other people, this reduction of responsibility is not only in the case of shebhe amd of the perpetrator. rather, if referral for treatment and completion of therapeutic interventions is not made on the part of the victim or the perpetrator regarding usually fatal injuries that can be treated, it is not considered fatal and murdur will not be realized, on the other hand, neglecting such duty is a fault It is considered and because of its influence, it will cause the committed behavior to be non-lethal, and in different circumstances and according to the circumstances, it will have different responsibilities for the perpetrator and the victim. Therefore, an independent examination of the inflicted injury without considering the nature of the treatment and its extent will not provide a clear picture of the true nature of the crime and may lead to the wrong diagnosis of the type of crime in the courts.