محمدابراهیم شمس ناتری

Ignorance is one of the complex and challenging topics in islamic jurisprudence and criminal law. Article 144 (in the chapter of the conditions of criminal responsibility) and Article 155 (in chapter of the impediments to criminal responsibility) refers to ignorance of fact. Despite the allocation of separate legal articles to these two types of ignorance, the fundamental differences between them and the practical effects of these differences in criminal law are still accompanied by ambiguities that have led to disagreements in the interpretation of the law. In ddition to statutory law, these two types of ignorance are also the source of disagreements in Islamic jurisprudence. A comparative study of jurisprudential and legal views raised in this field requires a comprehensive research study. Such a study clarifies the differences between these two types of ignorance in terms of nature, conditions of realization and effects. The explanation of these differences guides the judges, lawyers and parties of the case to adopt a more specific and coherent approach and process, when facing the claim of ignorance of the accused. The present research, by using related library resources and applying the descriptive-analytical method, has listed the important basic and practical differences between ignorance of fact and ignorance of law. Disagreement on the subject, the cause of its emegence, the need for research and the ruling of guidance of the ignorant as the root and fundamental differences, and the disagreement in the measurement criterien and the burden of proof, the application of the presumption of innocence or caution in the prohibitive doubts, the possibility or impossibility of applying jurisprudence rules, reliance on Hadith al-Raf in applying the presumption of innocence, the impact of ignorance of fact and law on homicide in belief of being Mahdoor Al-Dam and realization of crime and criminal responsibility are categorized as practical distinctions.

The goals of the law are unattainable by any rule and with any quality; therefore, observing criteria in legislation is necessary. In order to increase the quality, effectiveness, and efficiency of legal rules, the main goals of the legislator can also be realized. Based on this, paragraph 9 of the general legislative policies has established a set of criteria to determine the necessary policies in the legislative field for the approval of desired laws. By paying attention to these criteria, we can consider "transparency," "applicability," and "goal provision" among the basic benchmarks of ideal law.Tracking the legislative process reveals the legislator's lack of attention to these criteria in some cases. One such case is the rule of material multiplicity of punishment crimes. Additionally, due to the intensified enforcement of plurality in crime cases and their connection to public order, compliance with these standards becomes even more important. Therefore, this research, using a descriptive-analytical method and library data, aims to answer the question of how the rule of plurality of discretionary crimes is evaluated concerning the requirements of "transparency," "applicability," and "goal provision." The results of this research indicate that these criteria have not been observed in many instances regarding the rule of plurality of discretionary crimes.

Electronic signature is one of the consequences of the development of technology and the expansion of the realm of legal transactions. Electronic signature is the inevitable result of the entry of information technology into the field of legal and registration transactions. The novelty of this issue in the legal framework of the society and its important role in preventing commercial fraud and registered crimes shows the importance of study and research in this field. The domain of document and real estate registration and e-commerce are two realms of consolidating ownership and coordinating the will of individuals. These two issues are among the most important mechanisms used by the government to protect the rights of citizens. Perhaps the primary purpose of electronic signature and similar processes was to speed up business transactions, but electronic signature can be considered as one of the factors of crime prevention now. Accurate understanding of this process requires accurate knowledge of two issues: The nature and process of electronic signature and prevention quality and requirements.In this article, in addition to knowing the connection between these two facts, the author seeks to know the factors that increase the effect of electronic signature on crime prevention.

The knowledge of the occurrence of the result means the customary knowledge of the perpetrator as a result of his committed behavior is one of the constituent elements of the spiritual element in restricted crimes. This is referred to in indirect law as indirect or subordinate intent, while its essential and independent role in the intent of the outcome should not be overlooked. As in cases where the perpetrator of the world to the occurrence of the result, has no intention of the result. This poses a serious challenge to setting a standard for the knowledge of the occurrence of the result and makes the importance of studying it in Iranian criminal law a necessity. In some cases, it is difficult to distinguish between intentional and unintentional crimes. In some cases, it is difficult to distinguish between intentional and unintentional crimes. In some cases, it is difficult to distinguish between intentional and unintentional crimes.

field and Aimes : 

As with each other, complex computer features connect with a variety of rights and human freedoms. Complicated computer questions, while a form is expressed, possess one level, and those ingredients can relate to other aspects of the rights and freedoms of humanity. The global organization developed intellectual property, which resulted in serious problems such as the violation of human rights, the right to privacy, the right to self - respect, and Methodology A way of finding out the kind of use and the way of treating a particular investigation - was to collect data and examine it.

show that, while in the mysterious policy of the governments, one of the authors who are to be judged is human rights, and on the other the Deep fake has a connection with human rights, so one of the advances to the criminal machine, according to the degree in which they are complicit, is bound to serve as a part of public political considerations.

One of the most heinous atrocities some people have committed against their fellow Muslims is the assassination of Muslims. This article discusses the Shi'a and Hanafi jurisprudence through a library and documentary method, which results in: The Shiites and the guile of the laws of moharebeh can be applied to the issue of terrorism in the present age. The verses 33 and 34 of Surah Ma'eda are the most explicit verse of the Holy Quran regarding the fight against terrorism, which the Shiite jurisprudent has used as a prohibition against jihad and jihad. That this theory is in line with the theory of jurisprudence. Investigating the Jurisprudential Basis of the Assassination of Muslims from the perspective of jurisprudential jurisprudence indicates that terrorist acts are blameworthy and criminal behavior, because what stands out in jihad is fighting the war and adhering to its rules, not killing or killing innocent people. Take the assets, surprisingly. In jurisprudence, however, it is not a clear title for a terrorist act, although it is more consistent with moharebeh and rhetoric on the basis of the type and outcome of the behavior.

Considering Connected Crimes, there is disputes among Law experts and judges as the legislators has neglected them. Connected crimes include committing two or more offending behaviors which have independent components, and several instances of this type of crimes were stated in Iran Penal code including Islamic Penal Code. In some regulations, the legislators stated the case and the rules for passing a sentence, therefore, in some cases it is regarded as one crime with one penalty and in some examples, they just stated the instances without referring to the rules for passing a sentence. As a result, whereas the legislators have ignored the rules for passing sentence for connected crimes, a lot of challenges in penal code and judicial precedent were made in many year including stating different proofs in penal rules, not designating a uniform principal for passing a sentence for this type of crimes, presenting different counselling ideas by the Law departments, issuing different judgements by the judicial authorities and prolongation of hearing. In this article, the writers will state the challenges, investigate the proper solutions and offer executive

Legislation based on Imami jurisprudence has led to the richness and independence of our rights in decades of legislation. There has always been a debate about what criteria should be used to legislate according to jurisprudence And typically the focus has been on who or what is being followed And it is enough to provide general criteria and in practice there is no decisive criterion for this issue. This article discusses only the criminal law and the specific conditions and requirements of the law in this regard Because it is not possible to provide a standard for legislation on all laws with specific conditions and characteristics of each of them Because the law in each case can be very different from the law in other area And you have to think about each case according to its specific requirements And refrained from generalizations and providing a standard for all cases. This article seeks to provide an appropriate solution in the field of criminal law And prevented the entry of personal opinions and ideas into the field of legislation And as far as possible our criminal law Closer to the world criminal law without distancing itself from its originality.

The present study was conducted with the aim of explaining the delinquency of women in the workplace in the light of criminology teachings and criminal regulations. Research

The current research method was library and descriptive-analytical.

Committing crime and wrongdoing is not specific to a certain social stratum or gender. Men or women in different economic and social positions find opportunities for wrongdoing in different ways. Unbalanced increase in population and its unbalanced distribution, economic crises, increase in unemployment, mass migrations, marginalization in big cities, ethnic strife and increase in crime are among the issues that have attracted the attention of many experts on social issues.

Women's delinquency is a very complex social phenomenon that is seen in different ways in different social environments. The definition of delinquent and delinquent behavior in any society is determined by the legal laws and social norms of that society. Although in most societies, delinquency is defined as a behavior that can be punished by the law, but the legal concept is not enough to explain it. Women's delinquency, in the sense of a variable number of acts committed against legal provisions, which can have different natures, is a common aspect of all human societies. Regardless of the nature of the dispute, these actions are almost always defined and predicted by law. One of the areas of women's delinquency is the work environment, and due to its consequences, there is a need to take measures to prevent actions that can be prevented from committing crimes in the field of women's employment by taking advantage of situational and social prevention.

The relationship between fundamental rights and freedoms and the national security of countries is one of the most challenging issues in constitutional law. The climax of confronting fundamental rights and freedoms is when there is an accusation or a crime against national security based on which damage to the sovereignty, authority, interests, interests, independence and territorial integrity of the country is raised. The peak of the conflict between fundamental rights and freedoms is raised with crimes against national security. Therefore, what is of fundamental importance in criminal protection of fundamental rights and freedoms is how to provide mechanisms to realize national security. The aim of the current research is to investigate the approach of c. A. Iran is against fundamental rights and freedoms with an emphasis on national security crimes. The answer that can be given to this question is that the categories of society's interest and system's expediency, people's public security, public rights and interests, and the political system, all seek to realize the principle of national security. In this view, national security is not a separate concept from public rights, and adopting punishment and defining crimes to deal with those who disrupt the order and security of citizens, is an effort to realize a safe life for the people. Rulings such as muharibeh, sedition and corruption in the land, which are mostly related to people who seek to disrupt the order and security of the society, can be interpreted in the same direction. Also, fundamental rights and freedoms are not subject to crimes against national security as long as they take public security and interests of the system into consideration. The current research with a descriptive-analytical approach seeks to investigate the concern raised in this article, which was done by collecting material from documentary and library sources.

The statistics provided on the phenomenon of money laundering and corruption and corruption as an important threat to societies, show that the situation in Iran in terms of money laundering control and prevention of corruption is unfavorable. The purpose of this study is to investigate the effect of money laundering on corruption in the governorate of West Azerbaijan. This research is a descriptive and survey research in terms of applied purpose and nature and method. The statistical population in this study is: the staff of the West Azerbaijan province and 148 people as a statistical sample, through Morgan table and by simple random sampling method was selected. In this study, standard questionnaires related to variables were used to collect data and measure research variables. In order to analyze the data, in the context of inferential statistics using SPSS software, and to test the hypotheses, Kolmogorf-Smirnov, Pearson r and regression tests were used. The results of the test showed research hypotheses; Money laundering has a positive and significant effect on corruption. also; Money laundering has a significant and positive effect on bribery, embezzlement, partisanship and nepotism as one of the dimensions of corruption. Finally, proposals were made to combat money laundering and corruption

The need to identify the causes of juvenile delinquency and design special methods to correct and treat them in order to prevent the recurrence of crime that is consistent with the development of juvenile personality is one of the most important factors in establishing juvenile justice and its specific laws. Accordingly, the main purpose of this study is to make a comparative study of how Iranian and Scottish laws treat children in order to use the findings of the West, which make extensive use of criminological studies in this field. By studying the judicial system of the two countries, differences in issues such as: referral of cases, security and educational measures, special institutions, age of criminal responsibility, division of punishments, trial courts, the role of police in investigating children, the role The assistant in the trial and ... was identified. It should be noted that the Scottish legislature's attention to criminological findings and its application to the law, as well as their development, is one of the advantages of Scottish law over Iran. By studying the judicial system of the two countries, differences in issues such as: referral of cases, security and educational measures, special institutions, age of criminal responsibility, division of punishments, trial courts, the role of police in investigating children, the role The assistant in the trial and ...

Environmental hazards, whether they occur naturally and outside of human actions, or with the intervention of humans and their actions, cause extensive damage to human society every year and cause irreparable damage to the human environment. From severe earthquakes and devastating floods to climate and weather changes and dust and drought phenomena, it has left irreparable environmental damage, especially in the Far East. In addition to that man-made hazards such as polluting the environment through the production of pollutants, unprincipled production of waste, destroying forests and pastures with unprincipled actions in them, polluting rivers and seas and beaches by importing industrial waste or oil and gases. Extraction, manipulating the ecological cycle through the construction of unnecessary dams or changing the course of rivers, followed by the destruction of thousands of hectares of forests and natural resources and the destruction of many generations of animals and plants, have brought the human environment to a stage that It has minimized the possibility of human life to continue with security and peace. As a result, every year a significant number of malformed babies are born and a larger number die due to the occurrence of diseases caused by the above situation, but some of the citizens continue their lives with diseases caused by the current unfavorable environmental situation.The question is, what should be done to deal with the above risks and to avoid its deadly effects, and what solutions have been provided by the country's current laws and regulations in this regard?In this article, taking a look at Iran's strategic policy in the constitution, the solutions to prevent related risk crises are reviewed.

Considering that the purpose of the current research is to increase understanding and knowledge in the field of dealing with environmental hazards and non-criminal prevention of these hazards in Iran's criminal policy, therefore, in this regard, the current research is of an applied type and by explaining the scope of the non-criminal measures mentioned in The laws in question seek to answer the question, what is Iran's non-criminal criminal policy against dangerous and crisis-causing behaviors that create or exacerbate environmental hazards? And in this context, by using library tools and referring to the relevant laws, the legislative measures of Iran's legislator in the criminal policy of dealing with environmental hazards have been examined.

Through the conducted studies, it has been found that although significant measures have been provided in the relevant laws to deal with environmental hazards, the legislator has paid less attention to social prevention measures that promote public culture to deal with these hazards. In this regard, it seems that considering the place of criminal prevention and its effectiveness in the society, it is necessary for the legislator to pay special attention to social prevention and raising public culture in order to deal with environmental hazards by passing appropriate laws.

The response to the complicated issue of the scope of self-ownership has shed light on the issues like unnecessary cosmetic surgery, gender reassignment surgery, and organ transplant in the convicts of execution. From the viewpoint of Islamic jurisprudential doctrines, there are a myriad of disagreements over the subject of whether men are the owners of their organs or not. The resulted approach is that Islamic viewpoint, contrary to western ideologies which are humanistic, does not completely accept self-ownership. From the viewpoint of Islamic jurisprudence, freedom of men and their dominance on their body is an axiom but cannot expose them to unreasonable harm. From the standpoint of western legal theory, the proponents of self-ownership believe men are the owners of their organs and thus maintain that this law faces some limitations in the framework of natural law. Moreover, they hold that criminalization of unreasonable harm to self is not to be justified. In contrast, those who believe in the moral patriarchal theory object to self-ownership and justify the criminalization of such conducts. The present article analyzes the afore-mentioned standpoints through a descriptive method and then compares unreasonable cosmetic surgery in the criminal law of Iran with those of England andو

One of the worst crimes committed by some people against their own people is genocide. During the history of the crime, this crime has been repeatedly committed in recent years in the land of Myanmar and thousands of people have been subjected to the crime of belonging to A particular religious group (Muslims) has been targeted by perpetrators of genocidal crimes and have been severely misidentified. The distinction between the crime of genocide and other crimes within the jurisdiction of the International Criminal Tribunal constitutes the victimization of this crime to a particular ethnic, national, racial or religious group, and committed crimes of genocide in Myanmar, including the victim's belonging to the religious group of Muslims Found. In this article, we will try to examine the crime of genocide with a criminological approach and, in this context, to highlight the status of Myanmar as one of the examples of the lands where genocide has taken place.

Coronavirus disease that results from an emerging infectious virus has increased significantly and brought many lives to the death. Accordingly, analysis of the behavior of the carrier of the disease and his/her responsibilities has attracted the attention of states, communities, media, and lawyers because the transmission of the virus has serious consequences and definitive treatment is lacking.  Therefore, politicians in different countries try to prevent the spread of the pandemic through forced encounters and strict measures such as penal actions. To this aim, consideration of the intent of the carrier, analysis of his behavior, and matching it with penal law is necessary. The current research is an attempt to examine the responsibility of the transmitter and compare it with other similar crimes to arrive at a comprehensive view for analyzing the behavior of the carrier and the consequences associated with it. Some notable characteristics of the virus such as fatality are also considered.

Sophisticated computer forgeries are one of the virtual technologies that the software used in this technology allows to make all kinds of manipulated and unrealistic videos, images and sounds. The prevalence of such films has created the challenge of disseminating unrealistic information. In such circumstances, the question arises as to what policy the Iranian penal system has adopted towards the Deep Fics. This research is of applied type and descriptive-analytical research method. This study concludes that due to the novelty of this technology in the laws related to cybercrime, this phenomenon has not been specifically addressed. However, Iranian law covers various forms of computer forgery, but there is no proper distinction between types of Deep Fake according to their content and purpose. At the same time, related measures such as their dissemination and promotion have not been systematically criminalized.Sophisticated computer forgeries are one of the virtual technologies that the software used in this technology allows to make all kinds of manipulated and unrealistic videos, images and sounds. The prevalence of such films has created the challenge of disseminating unrealistic information. In such circumstances, the question arises as to what policy the Iranian penal system has adopted towards the Deep Fics. This research is of applied type and descriptive-analytical research method. This study concludes that due to the novelty of this technology in the laws related to cybercrime,

The knowledge of the occurrence of the result means the customary knowledge of the perpetrator as a result of his committed behavior is one of the constituent elements of the spiritual element in restricted crimes. This is referred to in indirect law as indirect or subordinate intent, while its essential and independent role in the intent of the outcome should not be overlooked. As in cases where the perpetrator of the world to the occurrence of the result, has no intention of the result. This poses a serious challenge to determining the criteria for obtaining knowledge of the occurrence of the result and makes the necessity of examining it in Iranian criminal law a necessity. In some cases, it is difficult to distinguish between intentional and unintentional crimes .As in cases where the perpetrator of the world to the occurrence of the result, has no intention of the result. This poses a serious challenge to determining the criteria for obtaining knowledge of the occurrence of the result and makes the necessity of examining it in Iranian criminal law a necessity. In some cases, it is difficult to distinguish between intentional and unintentional crimes it is difficult to distinguish between intentional and unintentional crimes

Water is the source of life, production, work and construction and is known as the axis and one of the most significant factors of development. Today, one of the components of political power and military, economic, social and cultural security of countries is related to water security.Crimes related to water resources refer to actions that, under certain circumstances, result in water pollution, encroachment, illegal exploitation, and so on. The importance of water resources protection is due to the fact that it is directly related to the health of "humans" and therefore the need to protect resources is reflected in various domestic, regional and international laws. In the end, it was concluded that despite the fact that Iranian policymakers are inspired by sharia law and also the requirements of adhering to international instruments in order to control the criminal phenomenon in the field of water, criminal and sometimes non-criminal ideas are used. However, it has a predominant meta-criminal perspective and, for various reasons, has not been very successful in controlling criminal behaviors and phenomena, as well as in responding.

Bioterrorism by violent or identity-based non-governmental actors is a very probable and significant issue in the age of post-Austrian international relations that may be actively or passively supported by governments. Although the tendency of rogue states to use biological weapons remains a concern today, a newer and perhaps more important issue is the ability of non-state actors to develop and use these weapons with or without government assistance. Due to the easier access of bioterrorists to pathogens and biological weapons, the risks of bioterrorist attacks by them are quite predictable, which has created many challenges and questions in the legal field. This article tries to examine the global reactions to this phenomenon, which is one of the most important responsibilities of the international community, by raising the existing ambiguities in this regard. In this regard, this article evaluates UN Security Council Resolution 1540 as one of the most important international legal mechanisms to combat this type of bioterrorism.

This research has been prepared by descriptive-analytical method and its data collection has been done by documentary-library tools.

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

Identifying the perpetrators of crimes against humanity is very necessary to find the best protection measures against these crimes.

In the biological field, balancing scientific progress with its destructive use is one of the great challenges to be aware of. The drafters of Security Council Resolution 1540 sought to reach an international agreement aimed at mitigating the security risks of non-state actors worldwide.Please cite this article as:Shamse Natery ME, Asadi Saghandi S. Countering Bioterrorism by Non-State Actors with Emphasis on UN Security Council Resolution 1540. Medical Law Journal. 2022; 16(57): e32.

One of the basic issues in criminal law is criminal liability, which has always been one of the critical concerns of any criminal justice systems in order to ensure justice and maintain order in society. With constant development of international economic transactions, criminal responsibility provided the ground for entry of some new factors in the field of criminal law. One of the most important cases was the activities of legal persons, and the crimes committed by these persons which obliged the legislators to take the necessary measure to respond the criminal offences. Although there are still many ambiguities regarding the responsibility of legal persons; but the question still remains open that which criminal justice system recognized the criminal liability of legal persons for the first time, which became the basis for the development of other criminal justice systems to further work on the criminal offences of the legal persons. Using the analytical-descriptive methodology, besides answering this question, this research will also scrutinize the evolution of regulating the criminal liability of legal persons and also how this concept was introduced to the criminal literature of Iran, Afghanistan and England? It seems that the criminalization begins with the violation of a social value. The same hypothesis is true for legal persons. i.e., it was the companies that committed crimes for their interests, and as a consequence, the legislators regulated the criminal liabilities for legal persons in order to prevent crimes and to punish the perpetrators. As the evidences indicate, certain behaviors of the legal persons are criminalized in English Penal System for the first time, later adopted by Iran and finally to Afghanistan's penal law.

Indirect profit means the use of the proceeds of crime by persons other than the perpetrator (Principal, Participant and Accessories). In fact, the benefit of crime in the beginning step in the form of crime motive and the final step is to benefit from it seems. The difference between these two steps is that the motive or intention of the crime is exclusive to the principal or principals, but the final step, means that the actual profit of the crime is, Sometimes To get people who do not have role in committing a crime. This attribute is more applies to the perpetrators of the family and relatives. The issue of this research is in the same vein to explain what conditions it is possible to the punishment of the beneficiaries of the crime is possible. In this research, using library resources and analytical and descriptive methods, it has been clarified that any education or receipt of income is consistent with the title of money laundering, but it has been concluded that the benefit of the crime by the relatives of the perpetrator is conscious and due to gross neglect of the source of the suspicious property, it is not necessarily compatible with money laundering or complicity in the main crime, and in this regard, it has been suggested that ...

Adapting fundamental human rights and freedoms to issues such as national security is one of the difficulties of any political and legal system. Given the importance of the discussion, the present article seeks to examine the limits of fundamental freedoms with crimes against national security from the perspective of Islamic criminal law.

The present research is of a fundamental and theoretical type. The contents of the present article have been collected by using books, articles and researches.

Lack of security and protection of individuals from internal and external threats, can not organize a free society based on fundamental human rights. The philosophy of criminal law in Islam is to provide security for all citizens, which is also called national security.

Ethical considerations: 

The present study has been written by considering the principles of citation, accurate and appropriate use of scientific resources and observing ethical and scientific methods in using the resources used.

Adopting punitive positions for armed and terrorist activities, warlords, gardeners and insurgents, is only in order to establish security in the Islamic society. Achieving national security requires criminal law and therefore there is no conflict between fundamental freedoms and national security in Islamic society.

An environmental crisis occurs when a change in the environment of a species or population dangers its survival. Iran's environment suffers from crises such as water, air and soil pollution, global warming and greenhouse gas emissions, depletion of natural resources and fossil fuels, waste disposal, deforestation and desertification, lack of rainfall and depletion of water resources, pollution Water, and animal’s extinction. In this article, in a descriptive-analytical method and with library method, a comparative study of the approach of the Islamic Republic of Iran and international institutions to Iran's environmental crises in the period after the Islamic Revolution has been done. The results of this study show that international institutions, on the one hand, have taken steps to protect the environment by enacting environmental laws, and on the other hand, by imposing complex sanctions, have made it very difficult to deal with crises. In recent years, according to Article 50 of the Constitution, several governmental and non-governmental institutions and organizations have been active in reducing environmental crises in the country, which can be considered useful and toward sustainable development due to the improvement of Iran's ranking in the Environmental Performance Index in 2020.

Alternative imprisonment have been evaluated from various aspects, but what makes all these kinds of writings valid is firstly their legal evaluation independently and in interacting with other institutions of Islamic Penal Code. Meanwhile if it is abandoned because of its inefficiency, it is not possible to exploit the benefits of its implementation. This study is attempt to examine the general condition of multiple crime in alternative imprisonments (article 72, IPC), and interaction with other law institutes. the same way, it scrutinizes the effect of this confrontation on the determination of the penalties for alternatives imprisonment to clarify the effectiveness of this lenient institute and the limitations of applicable penalties. what springs to mind first regarding the multiplicity of crimes and the existence of this condition in alternative imprisonment, is intensification of this institution to deprive the perpetrators of a criminal offense of alternative imprisonment. On contrary, with the clarification of concept, the immediate effects of this condition will be determined by the fact that it will exacerbate minor offenses on one hand and discount for serious crimes and dangerous offenders on the other hand. Consequently, the existence of such a condition in the alternative imprisonment will rupture this institution.