فهرست مطالب بابک پورقهرمانی

The basis of the criminalization of crimes against humanity is the protection of human rights and includes crimes that violate human values and international rules. The reason for its criminalization is the international criminal protection of interests. It is society and legal principles that are respected by the international community. In order to deal with it, international organizations have compiled the statute of the International Criminal Court so that there is an executive guarantee for the crimes committed. Most of the governments have criminalized these crimes in their criminal laws, however, it is not foreseen in the criminal laws of Myanmar, but the examples of crimes against humanity have been counted in it. In the criminal law of Iran, there is no independent criminalization in this case and the perpetrators of crimes against humanity are prosecuted according to the statute of the International Criminal Court, therefore this article seeks to examine crimes against humanity in the criminal law of Myanmar. And it is necessary to criminalize it by referring to jurisprudential rules, and the research method is descriptive and analytical and data gathering is also phishing. The method of carrying out the research was qualitative and the findings of the research indicate that in the law of Iran and Myanmar, crimes against humanity are not criminalized independently, but in Iranian law, examples include; Murder, rape, illegal detention, and torture have been criminalized and require an independent law based on jurisprudence.

The criminal policy in the method of Imam Ali (A.S), as a positive differential criminal policy and in line with the provisions of the noble verse “We have certainly honored the children of Adam”, on the one hand, sought to preserve human dignity and considered punishment as the last resort and, on the other, tried to realize judicial security, which is one of the most important needs and human rights of citizens in the society and has led to the growth and development of the society. Using a descriptive-analytical method, the present research answers this main question, ‘what are the manifestations of the criminal policy discourse in the method of Imam Ali (A.S)?’ with the aim of explaining the criminal policy discourse in the method of Imam Ali (A.S). The findings of the research indicate that in the method of Imam Ali (A.S), the discourse of preventive criminal policy in accordance with the model of participatory criminal policy and the discourse of Alevi criminal policy in criminal proceedings as a coherent and continuous set, have high goals that are based on dignity, humanity and the evolution of human society.

In the conditions of the spread of the Covid-19 virus and the pervasiveness of the transformation of everyday affairs in the heart of societies and the emergence of a critical control with the onslaught of references in the cyberspace, the present research has investigated the impact of the Covid-19 pandemic on the number of cybercrimes and media literacy. The research method is applied in terms of its purpose and descriptive-survey in terms of execution method. The statistical population includes university professors, lawyers, judges, lawyers, and IT experts in the year 1400-1401. The statistical sample was 90 people, which was selected from the society by stratified random sampling. We have also used the single-sample t statistic method to analyze the research hypotheses. In line with the investigation of the role of the covid-19 pandemic on increasing the level of media literacy and reducing cybercrimes, as well as the existence of a significant relationship between increasing media literacy and reducing the number of crimes in the cyber space, the results of the study show that the Covid-19 crisis has had a positive and significant effects in increasing the level of media literacy as well as the number of crimes. Despite the increase in media literacy, we are facing a slight increase in cybercrime, but in proportion to the amount of crowding of users in cyberspace and the number of crimes before the Covid-19 pandemic and during the pandemic, we can see a decrease in crimes.

Criminalization in the cyberspace has sought to identify cybercriminals and impose punishments in domestic and international laws, and this has made it necessary to redefine the concept of cybervictims in legal concepts. However, cyber security is a new concept, the violation of which leads to wide consequences, but in the shade of purely criminal definitions, it has not been addressed as it should be from the perspective of criminal policy, and this view is the reason for the lack of recognition of the concept called security violation. cyber and its victims.

The present research is qualitative and according to the nature of the subject, in terms of purpose, it is practical and in terms of collecting information in a documentary way and through the study of valid laws and sources and the obtained information has been analyzed descriptively and analytically.

The findings indicate that in Iran's criminal policy, there is no specific differential support system for victims of cyber security violations, in this context, by using strategies to support victims of cyber security violations, including identification and cyber validation, the need for literacy promotion mechanisms. Cyber ​​media and knowledge enhancement, the need for preventive protections for the victims of cyber security violations, the creation of guardian institutions, the need to formulate a charter for the prevention of victims in the face of cyber security violations, a coherent criminal policy can be achieved in this field.

Due to the lack of an independent criminal policy, the occurrence of victims due to cyber security violations is an existing phenomenon, and as a result, their support requires the adoption of an interactive differential criminal policy in the field of legislation and amending regulations in the light of coherent and efficient policies.

According to the theory of social control, having a job is time-consuming and a person who has a job will not have time to engage in crime, if he suffers from a strong external constraint, he will choose an aggressive act or Homicide. The aim is to evaluate the effect of the unemployment index on the occurrence of Homicide between countries for 24 selected countries and to estimate its regression separately for Iran and compare the results. The research method is a descriptive survey. The statistical population is all the countries of the world. The sample size is 23 developed countries and Iran. The sampling method is a survey. The variables of human development degree, inflation rate, unemployment rate and percentage of urban population have been used. The data were extracted from the Human Development Report of the United Nations, the World Bank and the World Health Organization during the period of 1990-2018 and the economic model of Homicide was estimated from the balanced panel data technique. The findings showed that the variable coefficient of the percentage of the urban population is meaningless and a disturbing variable, so it was removed from the model. The results of the re-estimation of the model showed that the human development index of the countries has the greatest effect on the occurrence of Homicide and the unemployment rate and the inflation rate are in the next categories respectively. The comparison of the results showed that the unemployment rate coefficient is more than three times the inflation rate coefficient, the importance of the unemployment rate in preventing murder is greater than inflation. The estimation results of the model for Iran are completely consistent with the regression results obtained for the group of countries. In Iran, the unemployment rate is higher than the group of countries.

The right to health, one of the most important components of human dignity as one of the basic human rights, is also emphasized in the biography of Imam Ali (A.S). Examining the Alavi way of life in sources such as Nahj al-Balaghe and Gharral al-Hakem indicates that Imam Ali (a.s.) has important references in providing, maintaining and promoting human physical and mental health. Therefore, based on this tradition and practice, the prevention of health crimes, as a value-oriented process, is actually one of the tools that statesmen can pay attention to in order to create justice and balance in the health society, in order to address the subject of the article. An attempt has been made to explain the various aspects of the subject by using the descriptive-analytical method. Finally, the findings of the research indicate that in the life of Imam (A.S.) all the ways that lead to damage to human health are declared illegitimate and the necessary, explicit and strict order is issued to avoid them and in this way not only Prevention is not enough, but everything that causes the physical and mental health of a person is seen in the commandments.

Crimes against wildlife is one of the most important environmental challenges in today's era, and the fight against it should always be updated in the light of comparative surveys of various criminal policies. In this regard, the aim of this article is to examine the most important preventive criminal policy approaches of Iran and England against crimes against wildlife. The upcoming article is descriptive and analytical and has investigated the mentioned subject by using the library method. This article focuses on two types of prevention policies, situational prevention and social prevention. The findings indicate that in both Iranian and English laws, the deployment of zoo and environmental protection units is the most important method of situational prevention. Also, creating awareness and culture is the most important method of social prevention. Despite these challenges, such as various transformations in the realm of crimes against wildlife, its white-collar nature is visible in the face of these answers. Empowering local communities and using the capacities of criminal justice institutions leads to overcoming these challenges. This research has found that the globalization of the culture of crime prevention has created new and suitable opportunities to fertilize Iran's and England's response to crimes against wildlife. It has a clear response to the aforementioned crimes compared to Iran's criminal policy.

Confidentiality of information and prohibition of its disclosure in the judicial process is one of the most important aspects of privacy. Therefore, governments have implemented legal and criminal protections in order to guarantee it and consider its violation as a criminal behavior. Respecting and guaranteeing the privacy of information in criminal cases, due to its importance in the outcome of proceedings, is foreseen in both the criminal systems of Iran and England. This is a descriptive and analytical research that, from the perspective of the goal; It is practical. The research method is document-library. In both the criminal systems of England and Iran, information privacy is considered as one of the important aspects of privacy, and several solutions have been provided to protect information privacy and prevent the disclosure of case information. Confidentiality of preliminary investigation, no access to the file, closed proceedings, non-disclosure of the identity of the witness (and in some cases the identity of the victim-witness), prohibition and limitation of audio and video recording of the criminal proceedings, and prohibition of the publication of images and identity details. Among the most important effects and examples, are those provided in the laws of Iran and England in order to prohibit the disclosure of information in the process of criminal proceedings.

Despite the critical importance of science and knowledge in the international arena and the necessity of promoting science on a global scale, certain countries are now subjected to widespread scientific discrimination with detrimental effects. Known as scientific apartheid, this form of discrimination warrants careful consideration and calls for scientific and legal investigation. Hence, this study aims to identify legal challenges and gaps in international regulations and organizations. For this purpose, a descriptive-analytical approach is employed to address the following inquiries. What is the legal stance on scientific apartheid in international law? What challenges and gaps exist in this domain? According to the research findings, although laws and regulations have been implemented within the realm of international law to address scientific discrimination and apartheid, there are major gaps that must be taken into account. These gaps include UNESCO’s narrowed scope of activity, a broad and ambiguous definition of discrimination without specific examples provided, inadequate assurance of law enforcement, outdated and insufficient international legal provisions, the influence of certain countries in international organizations, and the absence of criminalization of scientific discrimination in international legal frameworks.

As a major cause of violence, war has affected the growth and development of societies, which is important for women's equal rights, and has led women as the main and defenseless victims of societies to destruction, isolation and discrimination. As a result of the direct or indirect consequences of wars, women are exposed to discriminatory and inhumane factors during armed conflict and violent conflict around the world .One of the acute international problems of women is the issue of systematic rape in armed conflicts, which is carried out with specific goals, which certainly the decisive and serious approach of the international community can have positive effects in preventing the occurrence of these inhumane acts. Because women are the main victims of conflict during wartime, as civilians in war zones, they are completely defenseless against attacks on their human and natural rights. Women in war-torn countries suffer the most from physical and psychological violence. Inhumane behaviors such as murder, torture, rape, slavery, sterilization and sexual violence are some of the acts of violence against women.In such a context, international institutions such as the United Nations have prioritized limited activities, but important.This article examines the international support for victimized women during the war with a descriptive-analytical approach and using qualitative data.

In the criminal policy originating from the seeerah of Imam Ali (AS), human growth and excellence emerge in the light of preventing crimes and deviations. In other words, eliminating the opportunities that cause corruption leads to a person's guidance and perfection and access to true worship and happiness. In this research, using descriptive and analytical methods, it is concluded that social preventive policy is represented in two dimensions in the seerah of Imam Ali (AS). In the individual dimension, the role of belief in monotheism, piety, and moral orientation is essential. In the governance dimension, attention is paid to promoting virtue, preventing vice, and informing people about crime prevention. On the other hand, situational preventive policy exists in two official and unofficial dimensions, and its purpose is to balance the members of society and exclude crime-causing elements.

Security is the most important component in the political authority of governments and the cyber world violates it by acknowledging its valuable achievements. Therefore, developing an effective preventive criminal policy against cyber security violation is so important that neglecting it can cause the criminal system to face irreparable challenges. Despite the approval of the international document on cyber security, this paper, using the method of document analysis and a descriptive analytical method, seeks to read the strategies of Iran's cyber security order in the upstream laws and documents and examine the state of social preventive criminal policy in the laws of other countries. It seems that criminal policymaking in Iran can play a significant role, especially in the field of social preventive measures against cyber security violations. In this way, different countries have adopted several security approaches to prevent cyber security violations. Based on the findings of this research, although Iran has considered different strategies in strengthening the security foundations of cyber encounters, due to the lack of appropriate differential policy, it has not yet succeeded in adopting centralized social preventive mechanisms and efficiency in preventing cyber security violations has not been considered and the measures applied are often non-technical in nature, such as training and promotion of digital Knowledge.

Health-oriented Goods smuggling is an example of economic crimes, which is categorized in health threatening crimes group, causing humans’ death all over the world. Hence, importation and production of health-oriented goods should be carried out under severe control and supervision. The aim of the present research study is protecting victims of smuggled health-oriented goods in Iranian criminal policy and international documents.

the present study was carried out using descriptive-analytical method with library Sources.

Findings of the present research study indicated that Iran’s criminal policy toward the victims of Smuggled Health-oriented Goods is a different approach, which can be seen in the articles 26 and 27 of the Law of Fighting against goods and currency smuggling acted in 2013, and paragraph C of article 7 of Law of fixed Rules of the country’s development acted in 2017. Prediction of atonement and compensation of loss in the article 27, in addition to being a punishment for the banned goods’ smugglers, is a discriminatory criminal victims’ protection. Investigation of the international documents indicated that protecting victims of some of the crimes has a one-dimensional aspect and no clear and complete protection is seen in these documents. Hence, it is expected that proctors of this crime consider special measurements and steps in their national and international rules in line with all-dimensional protection of the victims. Authorities and the officials in charge should protect Smuggled Health-oriented Goods’ victims through consideration and prediction of medical, financial and social supports.

Crimes against humanity are crimes that occur at the national and international level, the basis of its criminalization is the protection of human rights, and it includes crimes that violate human values and international rules. And the reason for its criminalization is the international criminal protection of society's interests and legal principles that are respected by the international community. In order to deal with crimes against humanity, international organizations have compiled the statute of the International Criminal Court so that there is an executive guarantee for the crimes committed. Most governments have criminalized these crimes in their criminal laws. However, it is not foreseen in the criminal laws of Myanmar, but the examples of crimes against humanity are counted in it. In the criminal law of Iran, there is no independent criminalization in this case, and the perpetrators of crimes against humanity are prosecuted according to the statute of the International Criminal Court. Therefore, this article seeks to examine crimes against humanity in Myanmar's criminal law and the necessity of the crime. It is modeled on Iranian law, and the research method is descriptive and analytical, and information gathering is phishing. The method of carrying out the research was qualitative and the findings of the research indicate that crimes against humanity are not criminalized independently in the law of Iran and Myanmar, but in Iranian law, examples include; Murder, rape, illegal detention, torture have been criminalized.

Prevention of security breaches today depends on understanding the concepts and examples of cyber security breaches as well as appropriate examination of the measures applied by governments in adopting preventive criminal policies. This is a relatively new issue but important one in thatit constitutes the most important component in expressing the desired governance of countries. Furthermore, as the evidence show, the cyberspace is the target of complex security-violating actions it has induced the governments both in the domestic and international arenas to apply efficient and effective approaches and guidelines of active and comprehensive preventive criminal policies and to seek suitable solutions against the cyber security breaches. The present article follows descriptive-analytical methodology inanalysing the situational preventive approaches of Iran against cyber security violations as stipulated under laws and legal documents as well as the international instruemts. It seems that, despite the fact that the legal system has taken different cyber security approaches in situational prevention of the cyber breaches but, the criminal policies of Iran, in spite of the attempts at strengthening of the cyber security foundations, lacks the differentiation bases and have not been successful in adopting centralized and effiient policies in preventing the cyber space breaches

One of the controversial cases is the crimes committed in Myanmar, which include crimes of genocide, crimes against humanity, and war crimes. This article seeks to investigate the crimes committed in Myanmar and regional approaches based on the political thought of the Supreme Leader. The research method is descriptive and analytical, and data collection is also in the form of data collection. The method of conducting the research was qualitative And the findings of the research indicate that the severity of the crimes committed in Myanmar is such that, according to the opinions of the political thinkers of the countries, especially the Supreme Leader, the solution to deal with it is the practical action of the countries and the political and economic pressure on the Myanmar government and the entry of organizations It claims human rights and the organization of the conference of the Organization of Islamic Cooperation and the reaction of the International Criminal Court to try and punish the perpetrators of these crimes.

Today, the science and knowledge production and exchange have encompassed national and international borders. But developed and powerful countries discriminate against developing countries and create inequality in the field of science, which is called scientific apartheid, has become a very important for many countries and common issue for countries as well as in the international community. This discrimination is deeper for some countries for various reasons. Islamic republic of Iran is one of the countries that have faced this phenomenon over the past few decades. This has also created many problems in the domestic field as well as problems in the field of international scientific competitions and achieving scientific status and prevents from the advancement of global knowledge and exchanges information in the global village. Given the importance of this issue, the present study uses a descriptive-analytical approach to answer the questions that Islamic republic of Iran has so far taken against scientific apartheid and discrimination in this area and what legal strategies can be taken against Take this situation? Findings show that in Islamic republic of Iran, no specific legal action and strategy has been adopted in this regard. However, scientific apartheid can be prosecuted internationally, followed up by international legal and penal institutions, binding international legal laws, and reciprocal action to eliminate scientific apartheid.

As a new technology, HAARP has several adverse effects on the international community, even though its owners say it is intended to study ionospheres to develop new technologies, facilitate radio communication, and counteract the negative effects of atomic explosions. This was not the case in principle, and its abuses and deviations have been observed, turning it into a technology against humanity. This article aims to examine the abuses of HAARP 's technology and how they violate fundamental human rights. Research methods are descriptive and analytical, and data collection is done through collection and filing. In this qualitative study, researchers found that Haarp's new technology violates fundamental human rights, including the right to life, freedom of thought, and future generations' rights.

Economic security is necessary for national security, and economic progress also leads to social, cultural, and military progress. Without it, all the aforementioned activities will be disrupted. One of the things that endangers the economic security of countries is the crimes committed in Myanmar. Which includes crimes of genocide, crimes against humanity and war, and this article seeks to investigate how the crimes committed in Myanmar affect economic instability. The research method is descriptive and analytical, and data collection is also in the form of data collection. The method of carrying out the research is qualitative and the findings of the research indicate that as a result of the crimes committed in Myanmar, the economic instability of the countries also increases, and also the crimes have occurred, and as a result, the increase in immigration, the decrease in the gross national product, the killing of Muslims, destruction And killing and looting in Myanmar will cause economic instability in countries.

Oral indictment is one of the types of summary proceedings in criminal justice systems, which in addition to the traditional type of indictment, and with its requirements in the criminal process, is an example of the managerialism of these systems in the face of operational transformation in Conventional strategies It is considered. This research, which has been written by descriptive-analytical method, seeks to answer the question: What is the perspective of the oral indictment institution in the Iranian criminal justice system? An oral indictment is the prosecutor's request to the court to convict the accused of committing a crime. This criminal institution has a special form and subject matter. The limited role of the investigator in carrying out the prosecutor's inherent mission, the monopoly of obtaining criminal security in court, etc. are some of the operational requirements of an oral indictment. This penal institution has important consequences, such as accelerating the determination of the formal response, the management of the criminal process, and the realization of a fair trial. This study has found that an oral indictment is an important institution that should be firmly on the agenda of prosecutors in appropriate cases.

Haarp technology, as the most modern technology, has been in the possession of the global arrogance, and although its purpose has been declared more research, medicine and for the benefit of humanity, in fact it was not, and its criminal uses have been in violation of human rights. The fact that this technology is at the disposal of infidels and designed for their oppressive purposes has led to jurisprudential and legal challenges in the Islamic world. The main purpose of this article is to examine the jurisprudential and legal challenges facing this technology. The research method is descriptive and analytical and the research findings indicate that the inclusion of jurisprudential rules in the land of infidels, non-compliance of infidels with jurisprudential rules, lack of real rulings, lack of jurisprudential review and lack of fatwas on emerging technologies The most important jurisprudential challenges and non-criminalization of criminal applications, the lack of recognition of Haarp technology as a weapon of mass destruction, the lack of recognition of Haarp technology as a terrorist weapon and the lack of recognition of Haarp technology as a biological weapon as the most important legal challenges in the international community Is raised.

Research in the developmental dimension (degree of development of countries) and macroeconomics has dealt with the economic context of crime (number of homicides). The aim is to specify the economic model (number of homicides) and estimate its regression between countries for selected countries and Iran.

The model is experimental and the meta-analysis method is used. It is applied in terms of purpose and descriptive-correlational research in terms of data collection and analysis. The statistical population consists of all countries in the world, the sample size is 24 countries and in it the variables of human development degree were used as an index of development, inflation rate, consumer price index, unemployment rate and urban population percentage and were estimated by balanced data panel technique. Data were extracted from the Human Development Report of the United Nations, the World Bank and the World Health Organization during the period 1990-2018.

The initial estimation of the model showed that the coefficient of variable percentage of urban population in 24 selected countries is meaningless and the model specification test showed that it is a disturbing variable, so it was removed from the model and the model was estimated again.

The degree of development has a negative and significant effect on the number of homicides in countries, the variables of inflation rate and unemployment rate have a positive and significant effect on the number of homicides. Comparison of the results showed that the coefficient of variable degree of development in Iran is 13 times higher than the group of selected countries and the unemployment rate is higher but the inflation rate is lower. Practical suggestion: Allow the law enforcement force to increase its mission and extensive activities in detecting and clearing corruption gangs in the government.

The increasing progress and development of industry in the third millennium AD has led to the emergence of new technologies in the world. One of these emerging technologies is the complex HAARP Technology, which has various applications and its creators use it against humanity. One of the most important and widely used of them is forced thinking or mental slavery, because in the present era, the Cold War has given way to the war of wills. On the other hand, in terms of its novelty and secrecy, it is somewhat impossible to prove and has faced challenges for the international community. The most important challenge is not to criminalize it, which has been neglected. The religion of Islam, as a complete religion, is passive and reactive to any action. According to the rules of jurisprudence that the holy Shari'a of Islam, the induction of thought is legally forbidden and its criminalization seems necessary. The main purpose of this article is to study the jurisprudence of forced thinking caused by HAARP Technology and the necessity of its criminalization. The research method is descriptive and analytical. The method of research is qualitative and the research findings indicate that forced thinking is not allowed and its criminalization is necessary.

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.