نشریه فقه جزای تطبیقی
سال دوم شماره 5 (زمستان 1401)

Self-harm exists among armed forces due to the presence of these forces in specific and difficult situations. In some legal systems, armed forces' self-harm has been criminalized. Iran and the United States are among those countries. The greatest similarity between these two legal systems is in the Actus Reus of self-mutilation crimes, and in both legal systems, any degree of malingering and any degree of self-harm, as well as any model of self-mutilation by any means or any method has been considered sufficient commission of the crime. Self-harm by the armed forces in the form of omission such as not eating with the intention of harming oneself is considered a crime. The important difference in the two countries law is that in Iran, “physical and mental disability" and "expressing recurrent disinterest" is recognized as the actus reus of the crimes. While in the United States, these weak degrees of self-harm are not considered as a crime, and as a result, the scope of crimes of the armed forces in Iran is wider than in the United States and includes more actions.

Addiction to drugs, besides the physical and mental losses, causes social and economic problems, such as an increase in drug-related crimes like felony, theft, poverty and begging, and the waste of large material capitals of countries. The purpose of this research is to identify and compare the model of factors related to drug addiction in treatment and harm reduction centers and Anonymous Narcotics Association in Isfahan province inorder to correct and prevent drug addiction. The research method is quantitative and descriptive-analytical. The statistical population includes all people referring to treatment and harm reduction centers and Anonymous Narcotics Associations in the second half of 2019. 1593 sample questionnaires were provided to the centers and 1459 questionnaires were analyzed by removing distortions. Propensity to drugs was measured with the addiction readiness scale of Wade and Butcher, α = 0.9. The results showed that the random decision tree algorithm has the highest prediction accuracy, in each data set, the appropriate algorithm should be explored. The algorithms used in this research have a good ability to predict the tendency to use drugs, and by using the effective factors found, the necessary measures can be taken for the purpose of third prevention. Also, by using the rules found, it is possible to predict the tendency of new people who refer to the centers.

Inconclusive cause is regarded as a topic with relevance in both civil and criminal law, with its application in areas where the perpetrator of the damage is unknown. Findings of this study, which have been conducted through the practical-analytical method of research, show that 4 views related to distribution of responsibility exist; First, neither is responsible since fault of no-one can be proven. Second, they have shares responsibility. Another view places the responsibility on the State, and the damages are payable via insurance funds or public funds (Bait-al-Maal). Based on the findings of another view, emphasises on balloting (lot), which was also accepted in the previous Islamic Penal Code of Iran. In French law, if the plaintiff has filed lawsuit against a group under the principle of error, the jurisprudence does not base the liability of each member of group, but takes into account their collective error. In Iranian Civil Liability Code, partaking in a group, a member of which has conducted an error result in shared responsibility for all members of that group.

Economics is the most important area of law because the nature of the legal system is influenced by the intellectual system governing the economic system. Regulating the economic system and creating a network of relationships defined in it can reduce the costs of the legal system and increase its efficiency, and also disruption of it cause functional imbalance of the economic relations network of individuals and consequently disruption of the legal system. This issue challenges criminal law and causes unwarranted expansion of criminal instruments in the economic sphere. In this paper, a new approach of interdisciplinary economic and criminal law studies will be presented using descriptive-analytical research method. The findings indicate that; At least in the field of economic crimes, the bases, norms and criteria of criminalization rarely exist, and since its rules are to guarantee the basis and current requirements of the economic system, criminal law should always be dynamic and evolve along with the realities and developments of the economic system including Recommendation No. 12 of the European Council in June 1981, which is a strategic document in modern economic criminalization, along with the conventional principles of criminalization.

Despite the necessity of complying with legislative requirements, including the principle of transparency and legality in criminalization, in some cases, the designer of Iran's criminal policy, by going through these principles and requirements and influenced by the ideology that governs the political system, i.e. governance based on the support of Islamic teachings and moral requirements, It has gone beyond the normal and conventional limits of delinquency, and with an excessive increase in punishable behaviors, it is taking a step towards extreme delinquency. An example of this attitude is the offense of "illegitimate relationship" subject to Article 637 of the Islamic Penal Code (1996). In this research, with a descriptive-analytical method, the aim is to investigate the tools of extreme criminalization and explain its challenges in the field of this crime. Based on this, the findings of the current research indicate that the criminal policy maker of Iran, by using religious and moral propositions, conceptual disambiguation, expanding the scope of the crime, criminalization of preliminary conduct and criminalization against the rule, has had an extremist attitude in the criminalization of this crime, which this approach has become the basis for maximum intervention, the wandering actors of the criminal justice system, the creation of exceptional criminal law and the Transformation in the nature and function of punishments.

Today, the importance of information technology in order to increase the speed and accuracy of various activities of organizations and as a result to increase their productivity is clearly defined. Judiciary is one of the organizations that has made the provision of electronic services the basis of services in order to increase the speed and ease of judicial services, with the minimum physical presence of citizens and to prevent the delay of proceedings. This research with a descriptive and analytical method and with the aim of investigating the impact and role of technology in the judicial policies of the country seeks to increase the speed, accuracy, efficiency and security in the provision of legal and judicial services and the realization of a comprehensive electronic judicial system. The results show that the Judiciary is obliged to develop the electronic information and communication of the Judiciary, centers and related organizations, to complete and update the data and information of the National Judiciary Data Center and to develop the services of this center and fully establish the National Justice Network. Combining the judicial system and justice system with information and communication technology in substantive and formative issues, not only provides cost and performance management, but also helps to develop quality standards and provides various benefits.

Although terrorism is not an emerging phenomenon, it has only been a few decades since it has become one of the most controversial international, regional and domestic debates due to its extent and characteristics. One of the important and challenging examples of this phenomenon is state terrorism, which is sometimes committed with the justification of preventive defense; The case that was stated regarding the assassination of General Soleimani by the US government. Despite the development of conventions and the enhancement of the jurisdiction of international judicial assemblies, there are huge differences between countries regarding the examples and dimensions of preventive defense or the dimensions of "aggression".The findings of this research, with a descriptive-analytical approach, show that the international criminal policy, both in the form of conventions and in the form of the jurisdiction of judicial authorities, has many challenges regarding the punishment of the perpetrators of the assassination of Sardar Soleimani  And it is concluded that according to the Convention on "Prevention and Punishment of Crimes Committed against Internationally Protected Persons", and referring to general laws such as the United Nations Charter, the Resolution on the definition of aggression, the Convention on Special Missions and customary provisions, the assassination case of General Soleimani and his companions can be Followed.

Islamophobia refers to fear, hatred or discrimination against the religion of Islam or Muslims, especially when viewed as a geopolitical force or source of terrorism. Many scholars see Islamophobia as a form of xenophobia or racism. The question we are looking for in this article is whether Islamophobia can be placed under the category of hate crimes. The findings of this research, which were conducted by descriptive-analytical method and by collecting information from library sources, indicate that Islamophobia is equivalent to racism and in other words, in the United States we are faced with a race called Muslim regardless of other components related to race. To combat this view, a regulation has been adopted to counter religious hate behavior.

Criminal populism is an approach that aims to control the criminal phenomenon in the society and prevent disorder in the society by being strict and imposing heavy punishments on some criminals, and in other words,  provide security for the citizens of the society.  Iran's penal policy, like many countries, has been receptive to populist ideas, especially in recent years. In this research, the manifestations of criminal populism in the field of criminal policy in the pretrial phase in Iran have been discussed. In order to ensure health and justice in the criminal justice system and to prevent this system from being contaminated by populist criminal policies, multiple approaches should be considered considering the complexity of the problem of crime and its control. Strengthening social capital through its main components, i.e. trust and social cohesion, and emphasis on knowledge management in different layers of society, especially the criminal justice system, as well as communication spaces, are considered as important social approaches in this field.

Restorative justice is a form of criminal justice based on "compensation." Compensation means trying to repair the deplorable effects of crime and losses, whether in full or symbolic. Today, the issue of repairing and compensation of victims of international crimes is important. Due to the silence of the statutes and legal texts of the Special International Criminal Court on the rights of the victims and the repair of their damages, it is now time to organize a special legal and criminal regime to "repair" the damages inflicted on the victims of international crimes. In addition to resorting to restorative processes in the prosecution of international crimes, especially with regard to the Truth and Reconciliation Commissions which lead to the granting of amnesty to criminals, other restorative methods such as training victims and their participation in cases are also indicated. However, restorative justice in crimes against humanity and genocide is still a new thing, but a comprehensive plan must be developed and implemented internationally to compensate victims.

Today, theft is recognized as one of the oldest crimes against property and property in Iranian criminal law. The legislator has committed many articles in the Islamic Penal Code to criminalize and punish traditional theft, which shows the lawmaker's special attention to dealing with these crimes, In contrast, assigning a substance to the crime of electronic theft and a mild punishment for it is strange, and over time it becomes clear that they are among the fundamental problems and ambiguities of computer crime law. The purpose of this paper is to analyze and describe the elements constituting the crime of theft and comparing electronic theft with traditional theft and addressing the mens rea and analyzing its penalties. In the present article, we analyze Iran's criminal code in the crime of theft using descriptive and analytical method. The findings of the research indicate that there is no fundamental difference between electronic theft and traditional robberies, and the components of both crimes are the same, with the fact that the only differences between these two crimes are differences in the environment of the occurrence of these two crimes.

The elements of crime are the issues in criminal law, and the elements of crime in English law are legallty, Actus reus and Mens rea. One component of the Mens Rea element in Common Law is recklessness. According to this law, the accused must have anticipated the possibility of a hazard. There must also be a causal relationship between behavior and result. In addition, there should be coincidence between Actus Reus and Mens Rea.