نشریه فقه جزای تطبیقی
سال سوم شماره 2 (تابستان 1402)

Crime as a behavior that is in conflict with the basic norms of human society and is considered an antisocial, immoral or disruptive action has caused a reaction or response in society and at different times, the type and quality of responses has been evolved. Although the repressive, punitive or vengeful aspect of the response to crime has always prevailed, the deterrent aspect of punishment has always been one of the goals or reasons for formulating or enforcing criminal responses. Attention to deterrence aspect in the purposes of punishment, in religious teachings or laws with religious origin is also clearly considered. Crime prevention seeks to cure the incident before it occurs, and setting up action mechanisms by the community and those in charge to educate, train, empower and improve the quality of life along with preserving the dignity of the citizens is its main agenda. Religious teachings have a very high capacity in crime prevention, which in this article describes some of the principles of crime prevention in Islamic criminal policy with a focus on the jurisprudential views of Sunni religions. This research has been done with a descriptive-analytical method based on reviewing sources. Teachings such as Saddu Zarai, administrative health and generational preservation as a basis for prevention in the criminological concept have been studied.

Crime as a behavior that is in conflict with the basic norms of human society and is considered an antisocial, immoral or disruptive action has caused a reaction or response in society and at different times, the type and quality of responses has been evolved. Although the repressive, punitive or vengeful aspect of the response to crime has always prevailed, the deterrent aspect of punishment has always been one of the goals or reasons for formulating or enforcing criminal responses. Attention to deterrence aspect in the purposes of punishment, in religious teachings or laws with religious origin is also clearly considered. Crime prevention seeks to cure the incident before it occurs, and setting up action mechanisms by the community and those in charge to educate, train, empower and improve the quality of life along with preserving the dignity of the citizens is its main agenda. Religious teachings have a very high capacity in crime prevention, which in this article describes some of the principles of crime prevention in Islamic criminal policy with a focus on the jurisprudential views of Sunni religions. This research has been done with a descriptive-analytical method based on reviewing sources. Teachings such as Saddu Zarai, administrative health and generational preservation as a basis for prevention in the criminological concept have been studied.

Globalization has affected many areas of human life with various tools, and cyber space has played the biggest role. Although the cyberspace and globalization together have brought many benefits to human life, But these two have been able to come to the aid of the criminals by using both as a tool and as a process and make it easier to commit crimes in cyber space; In such a way that today the thinkers in the field of criminology talk about the globalized space of crime. The purpose of this research is to investigate the effect of globalization on the foundations of national criminal law systems. In this regard, the current research, which was compiled with a descriptive-analytical method, seeks to answer the question, what effect will the concept of globalization have on the national criminal law systems? The results of this research show that among the most important developments that are created under the influence of globalization in the field of criminal law are Changing the discourse of the system governing crimes and punishments in the age of globalization, the securitization of criminal law, criminal inflation and extreme criminalization, the threat of human rights, the vulnerability of governments to globalized crimes.

The principle of certainty of sentences is considered one of the basic principles of proceedings in the domestic and international law system. The question is: how is the appeal process in Iran's legal system and the International Criminal Court? The purpose of this article is to analyze and review the features and effects of the appeal, which was compiled with descriptive-analytical method. The results of the research show that appealing is a rights that have been considered for the convicted in the judicial procedures of Iran and many countries and its purpose is to ensure the implementation of justice in the final sentence. The present article pursues this basic principle with a comparative study in Iran and the legal structure of the International Criminal Court. The results show that except for the difference in the duration or effects of appeals, there are similarities between these two legal systems in terms of appeals procedures. However, the appeal structure in Iran's legal system, especially in criminal courts, includes significant order, stability and regularity, which is not present in the International Criminal Court. However, the process of appealing in the statute of the ICC has been accurately predicted and given legitimacy.

The dominant criminal policy in dealing with economic corruption is the security-oriented policy, and if the security-oriented attitude and populist view dominates the criminal policy, it is considered a serious threat to the criminal policy. The present research, which was carried out with a descriptive-analytical method and with library tools, seeks to answer the question that what changes should be made in the criminal policy against goods smuggling in order to decrease the trend of this crime? The hypothesis is that paying special attention to organized trafficking, apart from the populist and instrumental view, and decisively dealing with the people who are at the top of the pyramid, can reduce the increasing trend of trafficking to a great extent. For this purpose, in this article, an attempt has been made to pay attention to organized trafficking from another point of view and deal with it in terms of interaction with Corruption in Earth as a strategy in criminal policy. Corruption in Earth is an important title that can be a suitable answer for such behaviors. Also, with the independent criminalization of Corruption in Earth and the transparency of its limits, it is possible to take advantage of the four punishments of Muhareba for Corruption in Earth to be considered as a useful solution for criminal policy.

Undoubtedly, testimony has a special place as one of the proofs of litigation, but due to the increasing progress of technology and issues related to electronics, electronic proofs such as testimony in cyber space and electronic proceedings have been discussed and investigated. To speed up the judicial process can have positive consequences. One of the important solutions to increase the speed of judicial services is providing services electronically with the minimum possibility of physical presence of citizens and avoiding the delay of proceedings. The purpose of this article is to conduct a comparative study of hearing virtual testimony in electronic proceedings. The findings indicate that in virtual testimony the originality and correctness of its attribution to the witness, as well as the safety and reliability of the means of giving it is important. Considering that the legal document of hearing virtual testimony is foreseen in the current laws, in order to regulate its administrative procedure, the Head of Judiciary issued a directive on how to conduct virtual testimony and the use of available electronic devices in cases where witnesses go to a court other than the competent court hearing the case, but they are unable to appear in the competent court, using the facilities of the court of residence of the witness.

Smuggling of oil products as an example of goods smuggling in the world, including oil-rich countries such as Iran, is known as an important challenge. For this reason, creating a mechanism to deal with it, as well as embedding ways to prevent it is an important part of the criminal policy of Iran as well as international law. The aim of the current research is to investigate the issue of petroleum product smuggling in Islamic teachings and international requirements using the descriptive-analytical method to find a way to prevent petroleum product smuggling. Now the question is, what is the criminal policy of the Islamic Republic of Iran regarding the smuggling of petroleum products in the light of Islamic teachings and international requirements? Our hypothesis is that Islamic teachings is superior to international requirements in the areas of smuggling and its social and political effects. In addition, Iran's criminal policy regarding the smuggling of petroleum products, under the influence of Islamic teachings, in the legislative, judicial and executive criminal and non-criminal policy, shows the rule of justice and the fight against corruption in Islamic law.

Honor killings are one of the social problems and one of the forms of severe violence against women in some cities of Iran, which has many psychological, cultural and social destructive effects. In this paper, the question is: “what is the approach of jurisprudence and criminal policy toward honor killings has been, what are the challenges and solutions to prevent it?”. This paper is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings indicate that the type and amount of punishment for the perpetrators of honor killings that are accompanied by the mitigating excuse are the most important reasons for the increase in the occurrence of these murders. Therefore revision of these legal rulings and regulations can have a great impact in improving the way of dealing with honor killings and their killers. On the other hand, one of the important issues in the causes of this phenomenon is the culture of society. The culture of support for women and children in society must be strengthened through educational institutions such as schools and the media.

The meaning of mental disorder in the Islamic Penal Code is the existence of some severe mental disorders in such a way that at the time of committing the crime, the criminal did not have full will to perform his/her actions and was not aware of the consequences. The main goal of this article is to investigate the role of mental disorders in determining the criminal responsibility of criminals. The research method is descriptive and analytical. The question of this article is that if a person is involuntary while committing a criminal act due to some kind of mental illness and does not have a correct knowledge and understanding of the criminality of her behavior, is he/she considered a criminal? In response to this question, it can be said that according to the Islamic Penal Code approved in 2012, mental illnesses - which are diseases that affect mental and mental health and deprive a person of their will - put a person in a state of insanity and exempt him/her from criminal responsibility. Research findings indicate that not all mental illnesses completely deprive the will. Determining to what extent a mentally ill person is criminally responsible is very important. In addition, the findings of the research showed that the victim suffering from mental disorders could sometimes reduce or increase the punishment of the offender.

The child is one of the most vulnerable members of the family, who needs support especially in the case of parents' divorce. Child alimony is one of the important issues in Imami jurisprudence. In this article, this important question has been examined: what is the opinion of Imami jurisprudence regarding Child alimony and what is its criminal sanction from the point of view of jurisprudence and legal issues? This article is descriptive and analytical, and the mentioned question has been investigated using the library method. The findings showed that from the perspective of Imami jurisprudence, child alimony like relatives alimony is father's responsibility to pay it, and if the father is deceased or unable to pay the children's financial support, the grandfather will be responsible for paying the Child alimony. If he is unable to pay, the mother will be responsible for providing the expenses, and if the mother is not alive or is poor, it will be the responsibility of his/her grandfathers. The criminal sanction for not paying the child alimony is imprisonment.

In the process of fair trial, the district courts in Iran have legislative gaps in their structure and performance and this have provided a deviation from the principles and regulations of criminal justice. The purpose of this study is to recognize, evaluate and explain the obstacles and challenges of fair trial in the preliminary investigation stage in the district court and its solutions. The data analysis method is descriptive and analytical. The findings show that due to the fact that there is no prosecutor's office in the district courts and the prosecution and preliminary investigations and trial by a single judge are carried out in one stage, the judicial process and supervision are distorted and the guarantees of the fair trial pattern are difficult and the due process is distorted, especially during the preliminary investigation phase. In order to overcome these challenges, it is necessary to reform the structure of District Court based on guarantees of fair trial model Objectively, sensible and accessible to individuals, as well as establishing the characteristics of the mixed litigation system and the principle of separating prosecution officials from independent investigative authorities with judicial supervision.