امیر ایروانیان

The extraordinary power invested in the judiciary necessitates a high standard of conduct, a commitment to upholding the law, and performing duties in an impartial manner. Appropriate behavior both within and outside the courtroom is a fundamental requirement of judicial duty. As judicial power increases, there is a corresponding need to adhere to clear ethical standards. When there are violations of laws and behavioral standards, accountability and disciplinary proceedings are essential. The Iranian legislator, through the "Law on Supervision of Judges' Behavior," seeks to regulate judges' conduct by monitoring professional behavior and imposing preventive and strict disciplinary sanctions. However, in many instances, there are still legal ambiguities that severely question the independence of judges. In the United States, at both the federal and state levels, criminal policy—considering higher-level documents and adherence to international standard principles—addresses the criminalization and disciplinary response to judicial misconduct. During the investigation of judicial misconduct, the principle of judicial independence is respected, and efforts are made to maintain public trust in the judiciary by ensuring transparency in proceedings and avoiding confidentiality in the trial phase. It is observed that U.S. criminal policy in dealing with allegations of misconduct by federal judges, especially Supreme Court judges (but not regional judges), tends to be lenient and overlook certain issues. However, at the state level, stricter oversight prevails, and more diverse responses are implemented. In many cases where the misconduct is minor, the matter is addressed informally and privately. This approach could be considered by Iranian legislators. Additionally, adopting disciplinary sanctions with a reconciliatory approach rather than merely a punitive one in dealing with offending judges could be a positive step forward.

Undoubtedly, the realization of the fundamental category of transparency at different levels of governance will play an undeniable role in preventing administrative-financial corruption. Since decision-making and policy-making in the field of banking transactions affect all aspects of citizens' lives as well as the activities of legal entities, therefore, the importance of this issue in the discussed field will become more apparent. In the new law of the Central Bank of the Islamic Republic of Iran, very effective and defensible mechanisms such as the need to complete the non-conflict worksheet by the decision-making managers, the principle of the need to publish the negotiations and approvals of the Central Bank, increasing transparency in the performance of legal entities under supervision and also monitoring the actions of suspects Money laundering and... have been identified in order to increase transparency, which is of course insufficient. Therefore, in the present research, the principle of transparency in the field of banking transactions is investigated with emphasis on the new law of the Central Bank of the Islamic Republic of Iran approved on 3/30/1402. we pay.

The anonymity and low cost of cyberspace make it a unique environment. Due to this characteristic and the widespread influence of cyberspace among young people, it is particularly pertinent to examine the impact of environmental characteristics on crime. Following the topic, the research aims to investigate how environmental factors and features may influence young cyberspace users' criminal behavior. In order to conduct the present applied research, the researchers utilized the survey method. This study investigated cyberspace users aged 18 to 35 living in Shiraz. The researchers selected 300 people on random sampling basis and developed a questionnaire to conduct the study. SPSS-26 software and descriptive and inferential statistics (Pearson Correlation Coefficient) were used to analyze the data. The findings showed that the correlation between encouraging environmental factors and rate of crimes committed by the mentioned group of cyberspace users is meaningful. Therefore, the more intensive the environmental factors that encourage crime, the higher the crime rate are observed. Furthermore, the calculations indicate that deterrent factors are significantly correlated with crime. An increase in deterrent factors can contribute to the reduction of crime. Taking into account the characteristics of cyberspace and the intensification of factors that encourage crime, special attention should be paid to developing and modifying appropriate software platforms. Furthermore, increased parental interaction with their children and establishing indirect controls can also reduce the rate of crime among the mentioned group.

One issue that can challenge the criminal justice system is the claim of mental disorder at the time of committing a crime. Acceptance of this defense reduces the punishment or leads to the acquittal of the accused. Mental disorders encompass a wide range of brain disorders, with the most severe being insanity, which is recognized as a factor that removes criminal responsibility in various legal systems, including those of Iran and the United States of America. Therefore, if a person commits a criminal act but lacks the necessary capacity to discern the rightness or wrongness of their actions, the attribution of responsibility to the perpetrator is lost, and they will not be held accountable. Article 149 of the Islamic Penal Code of 1392 states, "If the perpetrator is mentally disturbed at the time of committing the crime in such a way that they lack volition or discernment, they are considered insane." In American law, the concept of insanity is rooted in common law, and regulations governing insanity differ across different states in the country. American legal professionals believe that mentally ill individuals who commit crimes should undergo psychiatric treatment before facing punishment. At the same time, the legal rights of these mentally ill criminals must be respected, but concerns about public safety and preventing the frequent dangers posed by these individuals must also be taken into account. The goal is to strike a balance between the patient's right to treatment and the responsibility to ensure public safety.This study aims to explain the concept of insanity, the conditions required for its verification, and its effects on the criminal justice systems of America, Iran, and Imami jurisprudence. It seeks to answer the following questions: What are the conditions to prove insanity in the legal systems of Iran and America? What is the stance on diminished responsibility in the criminal justice systems of Iran and America? Are milder mental disorders than insanity also recognized as an obstacle to criminal liability? This study employs a descriptive-analytical method and relies on a library collection tool.Discussion and The principle of acquitting individuals with insanity from criminal liability is generally accepted in Imami jurisprudence and the criminal laws of Iran and America. Jurists consider it necessary for a person to possess the legal capacity to be held responsible, and the general conditions of religious obligation form the basis of criminal responsibility and the legitimacy of imposing any type of punishment that society implements on a criminal for committing a crime. Insanity has an impact on criminal liability in the laws of Iran and America. Article 149 of the Islamic Penal Code, approved in 2012 and based on the McNaghten criteria and the Model Penal Code, establishes that mental disorders leading to a decline in volition or discernment remove criminal responsibility. Criminal responsibility or non-responsibility is absolute in the Islamic Penal Code. Consequently, many individuals with mental disorders are deemed fully criminally responsible. The need to consider diminished responsibility in the context of insanity rules is evident and requires attention and revision to ensure fairness. Recognizing this necessitates focusing on two aspects related to the issue of insanity: the legal aspect and the psychiatric aspect. Psychiatry has shown that there are intermediate states between sanity and insanity that do not lead to a deterioration of criminal responsibility like insanity, yet the accused does not possess complete mental and psychological health to be considered responsible for their actions.Diminished responsibility comes into play when an act has been committed, and the law prescribes punishment for the act, but due to specific circumstances, the primary punishment cannot be applied, and a lighter punishment is imposed instead. In the United States, the "guilty but mentally ill" act has recognized diminished responsibility since 1957. In cases where the perpetrator exhibits impaired discernment or volition but does not lack them entirely, they are considered guilty but mentally ill, and a reduced sentence and rehabilitation are taken into account. The purpose of this law is to both remove dangerous individuals from society and provide treatment for mentally ill individuals. This means that mentally ill patients who have not reached the point of insanity are not sentenced to the original punishment for the crime committed but rather receive a lesser degree of punishment. In American law, according to the McNaughten rule and the Model Penal Code, if mental retardation leads to a decline in discernment, the person is not held criminally responsible. The Eighth Amendment of the United States Constitution considers the death penalty for mentally retarded individuals as an unjust punishment, but lighter punishments are applied to such individuals. In Iranian law, Article 38 of the Islamic Penal Code includes illness as a mitigating circumstance. However, when the defendant's illness is not deemed effective in committing the crime, the judge has the power to reduce the punishment based on the clarity and combination of the two aforementioned articles.

According to psychological research, committing a crime is one of the most important topics in criminology research, and in this context, individual emotions play a significant role. The feeling of shame and guilt is one of the most important personal feelings, yet it has received little attention in the research that has been conducted. Studying young people's behavior regarding shame and guilt is especially important since they play a critical role in every society.

This study aimed to examine the role that shame and guilt play in committing crimes by young people.

This study is a survey study. This study is based on the statistical population of all the youth of Shiraz, specifically 300 youth of 18 to 35 years of age selected by random selection and surveyed using a questionnaire designed by the researchers. The data were analyzed using Pearson's correlation coefficient, chi-square, and regression.

The correlation coefficient between shame and crime was negative and statistically significant (p<0.01). Consequently, an increase in shame leads to a decrease in crime. Further, the calculations show that guilt and committing a crime are negatively and significantly correlated (p<0.01), and that guilt increases as a crime decreases. According to the regression results, there is more evidence that shame plays a greater role in committing a crime than guilt.

Shame and guilt play a significant role in deterring young people from committing crimes. It is possible to reduce youth crime by strengthening these feelings in young people in various ways. It is important to note that emphasizing shame should take precedence over highlighting guilt

The political system of the Islamic Republic of Iran, based on the two basic principles of Islam and the Republic, has a special attitude towards ensuring the public health of society. This is so important that in upstream documents such as Article 29 of the Constitution and the 20-year vision document and laws five throughout the countrychr('39')s development, attention to public health has always had a special place. Paying attention to public health and combating actions that harm it requires that appropriate structural and institutional structures be established for it, that laws clearly and delicately draw the boundaries of prohibited behaviors that threaten public health, and that combating organizations. With such behaviors, the exact boundaries of the activity should be defined and recognized, and finally, a correct and universal judicial organization should be established to judge and determine the punishment. This study seeks to first examine whether there is a precise boundary for crimes threatening public health. Is there a separation of criminal behavior from deviations in this area? Secondly, where is the competent authority to explain and define anti-social behaviors? Third, what are the legal responses to these behaviors? And finally, what is the executive and leadership institution to this reaction?

Federal courts are the chief guarantors of individual constitutional rights under the Federal Constitution. As such, they have a duty to protect citizens from state laws that criminalize or chill constitutionally protected activity (overbroad laws), or that subject citizens to unclear or arbitrary exercises of state power (vague laws). With these doctrines in mind, a federal court might view itself as the last bulwark of protection against overreaching state legislatures, and therefore decide that only complete invalidation will suffice. Thus, in this research, at first introduced and explained the nature and goals of the doctrine. Then, due to the connection and closeness of this void for vagueness doctrine, the opposition of the two in practice has been dealt with by focusing on the opinions of the US Supreme Court in a descriptive-analytical procedures. The results of this study indicate that; This doctrine is a good way for protecting fundamental rights in the field of freedom of expression enshrined in the First Amendment to the United States Constitution .This doctrine investigates law in a facial review. A law may be both overbroad and ambiguous at the same time. If a comprehensive law is not overbroad, but at the same time provides the defendant with a fair notice that the conduct is criminal, the defendant cannot challenge that law under the void for vagueness doctrine. On the other hand, if the law lacks sufficient explicitness, it can be invalid according to the vagueness doctrine. States can interpret laws in a limited way to reduce the scope of that law in order to protect their laws from the scrutiny of the face of the over breadth doctrine. In examining whether a law is invalid in face, the Court should consider any restrictive interpretation proposed by a state court or executive agency.

Abstract
Crime prevention is one of the main strategies in criminal policy which has been always paid attention for the purpose of controlling the criminal activity. The significance of this strategy is so considerable that the prevention of crime has been officially recognized beyond the Acts of Parliament i.e. constitutional law. Economic, social and cultural roots cause the emersion of the crime problem which the social prevention method seeks to identify and neutralize. This method is one of the best and most effective methods. Because fighting the cause is always better and more effective than fighting the effect. Social crime prevention is a strategy that in its current, simultaneously, with the recognition the basic social, economic and cultural rights of the citizen, prevention programs are enacted. The occurrence of prevention has requirements. Providing the basic rights such the right to engage in work, the right to adequate housing, the right to social security, the right to education and etc. are of these requirements. This article investigates the issue of social prevention of crime and its context in the constitution of the Islamic Republic of Iran using descriptive-analytical method.

Although one of the requirements of the implementation of the Merida Convention is the criminalization of "bribery in the private sector", the Iranian legislature has not yet considered this issue and there is no clear approach in the judicial process in this regard. From the point of view of international instruments and comparative law today, there is no doubt that bribery in the private sphere, as well as doing it in the public sphere, can be a manifestation of financial and administrative corruption that should be specifically criminalized and punished. However, in Iranian law, the question is what is the nature of paying and receiving bribes in the private sector. And, what is the reaction to it? Findings of the research indicate this: in Iranian criminal law, according to Article 588 of the Criminal Code of 1996, a specific type of private bribery (a receipt of money or property by judges, auditors and experts) has been criminalized. The judicial practice seeks to extend this prohibition to all private sectors responsible for public services in accordance with the principles of the crime and other related provisions. In particular, it seems that the provisions and basis of the "Unanimous Vote of Procedure No. 798 of the General Assembly of the Supreme Court", which has just been issued, have made this possible even more. Because, in this vote, by considering the criterion of "public services" and considering the employees of private banks as "public service agents", the said employees are considered to be subject to Article 598 of the mentioned law. According to this rule and the stipulation of "public service officers" in Article 3 of the Law on Intensification of Punishment for Perpetrators of Embezzlement, Bribery and Fraud, there is no distinction between the mentioned crimes and a single procedure should be established for them. However, jurisprudence cannot compensate for the shortcomings of the legislation in this area.

What is examined in this article is the basics and principles ofjudging violations and dealing with disciplinary violations byjudges, as well as the behavioral field of health system workers(medical professionals and related). The reasons formisconduct in the field of judges' behavior and theresponsibility of doctors and related professions are analyzedbased on the ideological foundations and social developmentsof their justification and the bases of criminal prosecutionaccording to the principles of criminalization. It is stable andevery criminal policy is required to comply with it with all thecredit that the law gives to the judge and to secure his jobposition, but in any case, if the judge commits a judicialviolation and the doctors do not comply with the ethical andlegal principles related to the medical profession, thecompetence He has lost the necessary legal rights for this job,and competent authorities must deal with this matter and, ifproven, stop him from continuing his work or face disciplinarypunishments. he does; Such as the principle of independenceof the judge, the principle of immunity, transparency and theprinciple of non-infringement of the privacy of judges. Theprinciples of fair proceedings also rule regarding the treatmentof doctors' violations. What is important is the manner of thisresponse and how to apply the regulations related to it throughthe investigation authorities. And dealing with disciplinaryviolations should not be an excuse to distort these principles

 Soil and water protection is one of the most important environmental issues. This needs more attention in the current situation in Iran than ever before. Water scarcity and at the same time soil erosion and pollution have gradually become important challenges in Iranian society. Legal support is an important issue in this regard that needs to be clarified and analyzed. In this article, the researcher seeks to investigate crimes threatening public health related to water and soil; What approach the legislator has taken to protect and preserve the soil and how existing laws can be enforced.

 The mentioned article is descriptive-analytical and using the library method, the mentioned subject has been studied and data collection has been done by referring to documents, books and articles.

 Criminal law provides for criminalization of soil and water pollution, theft and unauthorized exploitation of water and soil smuggling, and destruction of waterways, and penalties such as imprisonment, fines, flogging, revocation of licenses, and blockage of wells. Since institutions, companies and government and public units are the main causes of soil and water pollution, it is necessary to have more judicial seriousness in dealing with these factors.

Ethical considerations:

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Supporting new technologies in the field of water resources management, dealing decisively and firmly with violators and criminals in the field of water resources, cultivating and educating the people and related executive bodies to institutionalize the protection of water resources, creating mandatory restrictions on excessive water consumption during Periods of shortage, continuous monitoring of relevant officials and informing and educating farmers and owners of industries and culture in this regard, increasing the price of water, especially in the field of household consumption and such measures, are much needed.

The Purpose of this study is to investigate the need to form a personality file on juvenile delinquents in the implementation of the principle of individualization of punishment by considering the different dimensions of this case (biologically, psychologically and socially) in the legal system of Iran and United States with emphasis on California. The method used is descriptive-correlation method. The statistical population is one hundred judges and lawyers, sociologists and social workers, psychologists and psychiatrists and also Master and PhD students in law. The data collection tool is a researcher-made questionnaire. The results of this study indicate that identifying the personality of juvenile delinquents has a significant effect on the individualization of punishment, recognizing the causes of crime and socialization of the offender after serving the sentence. Therefore, forming a personality file with a criminal case is necessary and inevitable.in the criminal policy of countries. 

The approach of Iranian criminal law regarding the psychological element and realization of malice in bound crimes is such that whenever a person commits a behavior with knowledge of the realization of the result, he is also considered the messenger of the result. This matter, which has more history in Imamiyyah jurisprudence in intentional crimes and in common law, is indirect intent and is included in Article 144 of the Criminal Code as a general rule in intentional crimes that if a person has direct intent, the result If he doesn't have it, but he has knowledge of its occurrence, his crime is intentional. This matter is crystallized in Article 290 of the Islamic Criminal Code, which states the various forms of intentional crime. The perpetrator's knowledge of the criminal result in the realization of specific malice in two ways: the knowledge of the occurrence of the result and the knowledge of the ability of the act to create the result in Iran's criminal law is possible. Therefore, on this basis, in the present research, the feasibility of realizing malice with the psychological state of science in Iranian law has been discussed.

In Iranian criminal law, special malice can be realized with two specific intent states (complete, explicit, direct and certain) and knowledge in connection with the occurrence of the result with mental and psychological states. The purpose of this research is to examine the types of mental states under the title of intention and how to accept their position and role in the formation of specific intent and whether it is possible to reach specific malice with an indefinite intent (indirect, implicit, possible, etc.) or not, we come to this conclusion, all internal and mental states come to knowledge and intention, and in general, the intention is the mental state of the perpetrator, which should be taken into account regardless of physical and behavioral conditions, and all kinds of mental states have been proposed Under the title of indefinite intention, he will face a fundamental obstacle in realizing specific malice. The vital and important position of this discussion is because accurate and appropriate determination of the issue can change the direction of punishment and punishment. Especially in our criminal law, where severe punishments such as execution, self-retribution, and limbs, etc. are also determined as a guarantee of execution.

Nowadyas, husband abuse is a highly prevalent phenomenon in the society. The aim of this study was to determine the epidemiology of husband abuse among the people referred to the Fars Province General Administration of Forensic Medicine from 2012 to 2014. This descriptive study was designed to study a population consisted of all men referred to a Fars province forensic medicine administrations from 2012 to 2014, with the complaint of physical injuries by their wives. Data collection was done using a checklist. Data was analyzed by SPSS statistical software. The reusults indicated that, among the wives, 6 (5.12%) people were with the history of drug abuse, 43 (36.75%) with the history of tobacco abuse, and 15 (12.82%) with the history of alcohol abuse. The most prevalent persecution methods were mental and emotional abuse and non-compliance. In examining the causes of husband abuse, the reported cases included the wife’s family interference, financial dependence on the husband's family, husband's emotional attachment to his family, and financial dependence on his wife. The increasing prevalence of domestic violence of wives against husbands is concerning. Useful education before marriage is the proposed strategy to reduce domestic violence against men. Life skills education in schools, health centers and the media can also be beneficial

The principle of personal criminal responsibility is one of the advanced and well-known principles in contemporary criminal law, which compliance ensures justice and nulla crimen sine lege. An overview of the history of ancient Mesopotamia law, where the sun of legislation rose for the first time and its luminous ray swept away the whole world, illustrates the bitter fact that in ancient societies, the impersonal criminal responsibility which is one of the characteristics of the private vengeance period governed the criminal relations of the people. But in many of the ancient statutes of that era, the principle of the personal criminal responsibility was recognized directly or indirectly. Although the royal orders were sometimes shadowed by these laws and did not allow law enforcement. In the divine religions of the Near East, the aforementioned principle is predicted and emphasized. But in some cases, especially in the Zoroastrian and Jewish faiths, the aforementioned principle was ignored, and many exceptions violated the rights of those who had no role in committing crimes and the cycle of delinquency. In Islam, this principle was established fourteen centuries ago as one of the early rules of the Shari'a, in the book and the Sunnah, as predicted and confirmed by the Prophet (PBUH) and the infallible Imams.

Although according to clause 26 of article 80 (reformed at 1386/08/22) of Organization, Duties, and Election of Islamic Municipal Councils and Election of Mayors Act, approved at 1375/03/01, the rate of services, in the limited sense, as price of made services to citizens by municipalities and its depended organizations by observing financial by law and municipalities transactions by regarding the relative provisions defined, in spite of the fact from one side because of disapproval any by law or executive agenda, be applicable to clearness of the concept of, slope of inclusion and formalities relating to the form of passing and its reaching and on the other hand because of paraphrases and interpretations of services rate and also unavoidable deployment of scope of its inclusion following the approval of article 174 of fifth five year plan of Islamic Republic of Iran, the rate of services replaced by municipal duties, local tariff of municipal services, governmental duties taken from municipals and other executive organizations, charge of making legitimate the illegal actions and possessions, governmental duties of civil offenses, governmental duties for making legitimate the allowed civil actions and finally tariff of technical services for subjects of private sectors. Private sectors subject of mostly income policies of Islamic councils in all over the land, a matter - after voiding the most regulations by Full Bench of High Court of Justice of Administrative Law - accompanied with re-reading the meaning, slope of inclusion and the function of services rate in width of Iran Civic Law.

The unprotective and in some cases negative approach taken by societies in regards to sexual victims along with some other wrong measures taken by judiciary system cause the condition of these victims to deteriorate.Negation of injuries done to victims, neglecting them along with covering up the crime and even labeling the victims as pervert are among the most important factors which make them vulnerable.In the policy making level the following factors in revictimity can be mentioned:Lack of legal reaction on the part of the criminal justice system, taking a suppressive stance with regard to some groups of victims (considering victims as offenders) and finally taking an unprotective and unexclusive stance towards those victims who are recognized as sexual victims by not taking into account their problems during the criminal procedure.

It is obvious that the bill is centered around elimination of juricidical responses and rehabilitative and heeling measures .Based on this mentality the responsive reactions are formed as follow: measures for freeing the children from juridary process, rehabilitative and heeling approaches, limited responses. In each of these measures there are some potentialities for occurring undesired problems in addition to the desired results. There has been proposed no cautionary measure to control these problems. Given this situation, it is necessary to bring about some changes and in this way reduce the probability of committing crimes. In this regard changing the essential mentality is of great importance.

T he gradual elimination of exploitative and inhumane child labor and the prevention of economic and sexual exploitation of children require a long-term cultural and economic strategy at both national and international levels. Any attempts at eradicating the roots of this phenomenon from the world will be futile without such a plan. Social phenomena are multifaceted. Therefore, in bringing about legal prohibitions one cannot combat these kinds of anomalies firmly and extensively without paying attention to other aspects, such as economic and cultural,. In order to launch a real and purposeful campaign against the exploitation of children, we need to have access to reliable statistics on exploited and endangered children, on the basis of which an extensive, long-term plan can be prepared. It is also necessary that all the current financial and cultural fascilities be organized under the control of a single system by way of eliminating the parallel authorities and subsystems. Similarly, in supporting NGO’s activities, contributions and help from the public should be called for. Any measures and campaigns against the exploitation of children will be doomed to fail without an efficient plan.