فهرست مطالب محمدرضا الهی منش

Electronic data and systems are modern tools that are used by individuals, groups, organizations and even countries for their criminal activities against natural and legal persons. The purpose of this research is to investigate the role of data in committing crimes.

The current research is fundamental in terms of its purpose and was written with a descriptive-analytical method

Data and system, as the subject of computer crime, apart from their positive role in shaping evidence to prove crimes and documenting them in the criminal process, have three central roles: firstly, the role of being the subject that the judicial authority in a judicial process must try to understand and Explain the position of the data and the system in committing the crime. Second, the role of being a tool where the behavior of the crime, whether computerized or traditional, occurs through data or system.

It was concluded that the use of data and system as 1- object of crime, 2- instrument of committing crime and finally 3- means acquired from crime are among the manifestations of negative link between these technologies and criminal law, which should be According to the current laws and regulations, especially the Criminal Procedure Code approved in 2012 and the Electronic Procedure Code approved in 2013, depending on the role of data, there are different legal bases for seizure, search and Anticipated and verification of electronic evidence in each of these three roles are distinct from each other

A compound crime refers to a crime that involves two or more behaviors. The combination of these behaviors, which determine a distinct nature separate from simple or single-behavior crimes, sets apart compound crimes. The multi-behavior nature of a compound crime does not solely rely on the criminality of each behavior but on the presence of these behaviors in the specified order stated by law. Criminal law and judicial procedures generally adopt a straightforward approach when investigating criminal behavior. With a few exceptions, such as jurisdiction or law enforcement, they do not focus on the substantive differences in criminal behavior. The fundamental characteristic distinguishing compound crimes from other crimes is the longitudinal continuity of two or more behaviors. This means compound crimes are formed when the perpetrator or perpetrators engage in different behavior on two or more occasions. Consequently, the crime is separated from the resulting crime, which is the outcome of the behavior itself and not the behavior alone. However, despite the multi-behavior nature of compound crimes, it is essential to note that this crime is primarily equated with the resulting crime. In some instances, the second or last behavior in a compound crime may be considered the result of the crime, differentiating it from multiple, continuous, and habitual crimes. The multiplicity of behavior in a compound offense is the primary condition for committing the crime. However, this characteristic also brings it close to multiple crimes. In a compound offense, the individual behaviors do not necessarily constitute separate crimes. Instead, their presence together leads to the commission of a compound crime. On the other hand, in multiple crimes, each behavior is considered a distinct crime, and the multiplicity of the crimes occurs when the perpetrator commits multiple behaviors, with each behavior implying an independent crime. This is the main difference between these two categories. In a continuous crime, a single behavior results in the commission of the crime, even though that behavior must occur over time. Therefore, the singular behavior in a continuous crime sets it apart from compound crimes involving multiple behaviors. In the case of habitual crimes, similar criminal behaviors are repeated. Participation in a compound crime is based on collusion; thus, the collaboration and performance of one of the criminal acts by the partners lead to its occurrence. Legally, all partners do not need to engage in all criminal behaviors. If each partner commits one of the criminal behaviors, participation in the compound offense is established. In this scenario, the role of an accomplice also depends on their cooperation in all behaviors or at least in the first behavior by assisting. Therefore, if the accomplice assists and cooperates with the perpetrator in any of the behaviors of the compound crime, their participation is fulfilled. The accomplice is not legally required to cooperate in all the behaviors. Attempting to commit a compound crime is associated with completing the first behavior. The perpetrator performs the first behavior entirely but is prohibited from engaging in the second or subsequent behaviors due to an involuntary factor. It should be noted that the failure to perform the first act should not be considered an attempt. This research employs library sources and analyzes judicial opinions using a descriptive and analytical approach. It has concluded that despite compound crimes' distinct nature and characteristics, which differ significantly from simple and single-behavior crimes, they lack a clear legal position and procedure. The suggestion put forth by this article is that categories related to the behavior of crimes, mainly compound crimes, should be regulated through judicial procedures rather than relying solely on legal articles due to the standard challenges involved.

The principle of immediacy in legal sanctions is conflicting and relative concept. Conflicting, because it seeks to legal sanction performance in short time to prevent crime from continuity and keep victim and community from hurt. On the other hand, for imposition of legal sanctions determined by judge and not the law due time for the purpose of judicial accuracy and assessment is needed; and issue that may be impacted by the principle of immediacy. Relative, because the principle is not recommended in all of legal sanctions or stages. Although collateral sanctions (social) and professional (administrative) need to be performed immediately, but criminal and civil sanctions need accuracy and evaluate. Balance between different sanctions particularly for protecting fashion designer sights is necessary. Like some of intellectual property subjects, violation of the rights of fashion designers result in losing of the designer’s moral and material rights. Therefore, waiting for explanation of charge, trial and legal sanctions performance of the accused is not compatible with the victim and criminal-based justice goals. In turn, immediacy in legal sanctions performance with the purpose of the prevention of violation of the creators’ rights may be more efficient than resorting to criminal sanctions. The present research employs descriptive and library methods assessing the efficiency of the principle of immediacy in protecting the designers’ IP rights whereby it concludes that compound performance of legal sanctions from the beginning to end, based on subject and nature, can be effective so that before trial, the principle of immediacy governs and, is dominate and during the trial, the principle of accuracy.

The construct of crime in the criminal justice, in terms of its political ideology, basically seeks to preserve the power relations of the upper class, esp. the state, as well as its reproduction. Therefore, harmful and criminogenic acts of state are not mainly criminalized, and if criminalized, they are not recognized in the criminal justice system. These acts even have not been recognized in mainstream criminology. As a result, the victims of such extensive harms and injuries caused by the consequences of public and governmental programs and policies are not recognized. Accordingly, the main goal of the present article is to explore and redefine the harmful acts of state based on a broad and process-oriented approach (i.e. zemiology), beyond of the traditional approach (i.e. the legal definition of crime).This alternative approach can expand recognizing the scope of harmful acts of state, as well as recognizing the widespread victimization of these acts. Based on a descriptive-analytical method, this article seeks to explain the failure of criminology and criminal justice to recognize and redefine the injurious acts of state and concludes that an exit door for this unpleasant situation is to disclose the hidden image of state crime emphasizing upon the zemiological approach in order to inclusion of all violations of international norms called as harm and soft laws. Such an approach allows the adoption of multiple responsive measures including proactive, reactive and control responses in facing with state crime.

In today's law one of the most important issues discussed is the criminal responsibility of those in charge of medical affairs professionals which has been assigned regulations in the Islamic Penal Code 1392 (2013). The criminal responsibility of those in charge of medical affairs ‎professionals can be divided into two categoriesm; general criminal responsibility and special criminal responsibility. Recent responsibility depends on the necessary coordination between criminal law and specific medical law. It is suggested that shortcomings and defects to the drafters, implementers in order to resolve the ambiguities and defects in the laws regarding the criminal responsibility of the medical officers by stating solutions such as taking the initiative to establish and formulate laws that have a stronger logical support and with legal principles and foundations as well as requirements.

With regard to the approval of the procedural law approved in 2012, which was a step forward during these few years, it is possible to see more and more attention to the plaintiff's rights in this law. In the new law, the legislator has considered rights for the plaintiff, such as protection of the plaintiff against confrontation with the accused, protection of the plaintiff's identity, the right to benefit from compensation and the right to protect the plaintiff against threats, each of these components is a kind of moderation in the field of recognition. Knowing the rights of the plaintiff.

According to the nature of the topic and the intended goals, the present research is qualitative in terms of type and descriptive and analytical in terms of method and is based on explanation, explanation, explanation and reasoning based on the materials extracted from the sources.

In the case of the plaintiff's request, if the prosecutor or the investigating officer deems the study or access to all or some of the documents in the case to be contrary to the necessity of discovering the truth, he will issue an order rejecting the request, stating the reason. The decision to reject the request mentioned in the previous point is communicated to the plaintiff in person and can be challenged in the competent court within three days. The court is obliged to consider the objection and make a decision in extraordinary time. The court's decision is final.

It is possible to explain the rights and criminal laws of Iran and compare the rights and powers of the plaintiff in criminal proceedings and provide the necessary suggestions in order to eliminate the defects. After explaining the situation of the plaintiff and examining the rights and powers of the plaintiff, the researcher tries to investigate the existing situation in the protection of the plaintiff in the process of proceedings, although the most worthy of comment in this process is the initial stages of the process, i.e. the entry of a person as a plaintiff. However, the plaintiff's rights have been examined in other stages and in the rules of procedure approved in 1392

The statement "As much as new technologies have made it easier to commit a crime, it has become even more difficult to prevent crime." is especially true of e-money laundering. Apart from technical aspects, this phenomenon also has two other sides. The second side is the principles and values ​​governing the confidentiality of financial and monetary data of individuals that financial and monetary institutions are obliged to support, and the third side is the multiplicity of criminal policies facing e-money laundering due to weak global cooperation in the region.     E-money laundering is the realization of money laundering through equipment and electronic platform.  Although legal systems ultimately prefer the task of transparency to confront M.L, in practice prevention of M.L faces a high wall of privacy, which the requirements of cyberspace, the attitude of financial and monetary institutions to the rights of customers, as well as the relations of countries in pursuing E.M.L in a global context, has introduced it as a serious competitor to the principle or task. This article tries to examine the challenges of preventing e-money laundering from the perspective of two equal values, namely the value of confidentiality and the value of financial transparency, and concludes that the emphasis on creating a balance between these two values ​​are such that the principle is to maintain the confidentiality of financial and monetary data and the principle of transparency is exceptionally and justifiably can deprive the right to privacy in the face of e-money laundering.

In some cases, the innate nature of criminal act is punishable regardless of realization or non-realization of any result, and in this sense, to realize the criminal responsibility, there needs causality relationship, since the relationship always requires two parties (i.e. behavior and result) and when result is not essential, the existence of a causal relationship will not be necessary. In some crimes where obtaining a criminal result is essential for its realization, three conditions are required for the realization of criminal responsibility: (i) the presence of criminal behavior, (ii) occurrence of a harmful incident, and (iii) existence of causal relationship between criminal behavior and harmful event. It is feasible to explore and prove causal relationship in some cases, especially when an agent was involved in the result realization, as someone killing somebody by a gun. Instead of providing a vivid and decisive rule, the 2012 Islamic Penal Code attempted to provide some solutions by taking certain situations and conditions into account. Given that, in transverse case of stewardess multiplicity, the result is taken into account of all parameters, and in the longitudinal case, the last stewardess may be the guarantor, the first stewardess, or even both. Besides, in the multiplicity assumption of causes transversely, equal responsibility has been ordered, and in case of longitudinal involvement, provided the unintentional crime, the primary stewardess has been mainly affected

According to the Article 301 of Islamic Penal Code in 2013, retribution is proven if perpetrator is not the perpetrator's father or paternal ancestor, and the perpetrator is sane and equal to the perpetrator in religion. Article 301 of Islamic Penal Code expresses this significance. Therefore, parental relationship excludes retribution exclusively, but blood money and atonement are appropriate. Although the murderer is sentenced to deflation punishment, blood money and atonement are maintained. Furthermore, the murderer is sentenced to deflation punishment. The existence of parental relationship prevents the retribution proof, even if the infidel father kills his Muslim child. Since there was a requirement to prohibit retribution, and thus there is the non-requirement principle. It is worth to note the way of committing the act is frequently fatal. In the present article, the researcher seeks to answer this question that why mother is not included in line with father in Article 301of Islamic Penal Code? To answer, the hypothesis is raised that according to Article 301 of the Islamic Penal Code, where the mother is the murderer and the victim is her child, the punishment is not the same as that of father. The data collection was done through analysing the library-based resources

The main challenge in economic crimes in Iran's criminal law is that they are not independent and original crimes, but in fact, economic crimes are the same as general crimes with two characteristics of instance and amount, and the legislature has identified economic crimes; Therefore, it is important to identify economic crimes from general crimes, so it is important to be able to determine with what characteristics a general and financial crime such as fraud is considered an economic crime; Therefore, in order to identify economic crimes and distinguish them from other crimes, in this article, from the two criteria of the element of loss and the largeness of the loss, according to the exemplary rule and the amount determined by the legislator in paragraph b, article 109 of the Islamic Penal Code and the note of article 36 of the Marqum Law. , we have taken advantage of it and first redefined the economic crime with a strategic approach and then recognized this crime from similar crimes and in the next step, the element of loss in economic crimes was analyzed and some practical examples of this crime were evaluated and finally, funds Its distinction with corruption has been investigated.

The principle of legality On Seizing the Computer Data and System means to comply with legal rquirements since the issuance of the judicial order to stop the seizure. the effects of the principle of legality On Seizing the Computer Data and System are that: justice-oriented, according to which the Seizing the Computer Data can lead to the discovery of a crime or identification of the accused or evidence of a crime, judgment- oriented, based on which just seizure is based on a judicial authorization, and officers, even in obvious crimes, do not have the authority to do so. Consent oriented that the occupier has given permission the Computer Data and System to seize the Data and System and her presence at the time of seizure is a condition.The present article uses the method of description and analysis to explain the principle of legality On Seizing the Computer Data and System and by examining the challenges of this principle, especially from the relevance of 671 to 682 to each other and from the point of view of the condition of individual or sharing Seizing On the System. It has been concluded that the principle of legality On Seizing the Computer Data and System, although in the Code of Criminal Procedure, this is a step forward,but the judicial procedure is generally measured in terms ofconfiscation of property and objects, while the foundation of theelectronic environment and cyber space is based on data confidentiality and privacy.The purpose of this paper isto emphasize the difference between thedata and thesystem with theseizure ofphysical property in order to balance the balance between justice and the confidentiality of the data and the system.

Considering the history of punishments in law throughout history, the death penalty is the most severe type of punishment that has been imposed and has been executed in various ways. Looking at the current laws, this punishment exists in our penal code under different headings. One of the topics under which the death penalty is imposed is the issue of Hodud. Hudud are also punishments that are considered for some important sins, the type, amount and quality of which are determined by the holy shari'a in the book and tradition. Considering that after the Islamic Revolution, one of the sources of legislation in our country is jurisprudential books, in this article, we examine the jurisprudence and law, the basis and criteria for determining the death penalty for crimes subject to hadd, and on the one hand, comments Various and famous jurists are discussed and examined, and on the other hand, certain crimes subject to execution are investigated according to the Islamic Penal Code adopted in 2013.

Our country's legislator has included the instance of provisional and educational measures in Islamic Penal Code approved in 2013 with great extensive changes. Thus, in this law, it has initially repealed security measures law approved in 1981 and has obviously recognized security and educational measures for children, adolescents, and the insane, and then besides most instances of the provisional and educational measures of the above law mentioned were determined as supplementary and secondary punishments, while the other cases were specified as fundamental punishments in the form of orders and measures, some of which are protective and some are educational added to the country's penalty system. The aim of provisional and educational measures with correctional, therapeutic, and educational strategies was to reduce the amount of crimes and reform them. Nowadays, with the expansion of crimes and emergence of new ones, determination of sorts of these actions and their scope expansion can be significantly helpful in judicial system. Provisional and educational measures in 2013 law are so extensive, diverse, and modern that many of them did not exist in Islamic Penal Code. Many legal articles of this law indicate the legislator's special attention to their application as well as the correction category and criminals' rehabilitation.

The purpose of this study is to investigate the basics of new right criminology. Studies have shown that the new right-wing criminology view considers the practical implementation of penal policies to be based on the control and management of those groups in society that have more similarities with the lower classes. The New Right Criminology imposes austerity on criminals. This policy, in order to control delinquency, generally targets perpetrators of sexual and violent crimes, especially repeat offenders, and imposes severe penalties, including severe and lengthy punishments. Time emphasizes this group of criminals. The New Right approach is an innovative measure, and is more of a public policy of monitoring and controlling social irregularities and petty crimes than a matter of harsh punishment or violent treatment of offenders by the police. In other words, we see the inspiration of a new right-wing approach to broken window theory and the zero-tolerance strategy. The New Right approach is more of a specific political orientation than a principled, coherent and rational one. If such an approach were not taken in criminology, a general flaw in law and regulation would result. In general, as with most criminological theories, the popularity of the New Right criminology cannot be separated from the political environment around it.

Understanding the principle of proportionality in data and system seizures depends on a correct understanding of the nature of data and systems. Data is used as information or any symbol that can be stored, transmitted and processed through computer systems and a system for data-related actions and capabilities. The connection between the two forms the computer platform and the sphere of information and communication technology, and the principle of proportionality should be interpreted according to this feature. The principle of proportionality in data seizure means balancing the four elements of the need for seizure, the importance of the data and the system, the relationship of the data or system to the crime, and the relationship of the data or system to the data and other systems. The present article, using library resources and judicial decisions, has tried to show in a descriptive and analytical way that the appropriateness of confiscating data and systems is comparable to confiscating the platform of activity and not confiscating property or documents and has reached this conclusion. The appropriateness of confiscating data and computer systems relies In addition to relying on approaches based on the requirements of traditional space, such as the application of precautionary measures to respect the rights of society and the victim and the requirements of cyberspace Like understanding the place of computer exchange space in today's activities, she has also paid attention to protecting the rights of the accused.

This study seeks to examine the pathology of preventive strategies in the field of public procurement in the Iranian legal system. Situational prevention seeks to understand the place, time, and manner of committing a crime. In situation prevention, we seek to change environments that host criminal behaviors so that these environments are less desirable for criminals. Given that public procurement still have the highest level of corruption, both in terms of quantity and price, it is important to examine how they are implemented and the effectiveness of anti-corruption policies in the area of public procurement. Descriptive-analytical research methods and tools are library information collection. The results of the research show that the situation prevention strategy based on the three theories of rational choice, daily activity and crime pattern, is very helpful due to victim-contentedness and focus on improving the environment in the fight against corruption in government transactions. In Iran, the use of situational prevention policy has recently been pursued more seriously by the legislature. However, an important part of the anti-corruption laws in government transactions in the field of prevention is a very old situation and needs to be revised. Some areas of situational prevention, such as transparency and soundness of government transactions in Iran, have major shortcomings.

Prevention of e-money laundering has a defensive aspect from two perspectives.One of the perspectives of the crime scene is cyberspace, which,with protecting the subject of crime takes precedence over preventing the occurrence of crime,and preventive measures are in the position of protecting computer values so that the perpetrator does not touch them.Unlike crime prevention in the traditional or physical space,the authority to act is in the hands of the perpetrators, but in cyberspace,the perpetrator is in the hands of the perpetrators, and the perpetrator is more of a guard than an opportunity to commit a crime.The second is from the perspective of electronic financial exchanges, which are based on features such as speed, mass and spatial diversity in practice,out of reach of preventive measures.What will be an open environment for mastering and creating controlling software measures is only the limited financial institutions,but this mastery in exchanges is minimized. In this regard,the prevention officer inevitably resorts to a defensive approach in crime prevention.This article,based on library and Internet resources and in a descriptive and analytical manner, tries to examine the challenges and strategies to prevent e-money laundering from the point of view of defensive and offensive measures.The approach is based on the defense approach in the prevention of e-money laundering,according to which the values of cyberspace on the one hand and the effectiveness of preventive measures in cyberspace on the other require financial exchanges in cyberspace in terms of origin.And control the origin and the direction of the exchange path.

Penal deterrence against e-money laundering has two major disadvantages compared to the prevention deterrence: First, it causes inflation in criminal cases, and inevitably, in the case of any financial predicate crimes or any crime related to property, a money laundering case is also raised, which itself leads to inaccurate investigation and consequently inadequate determination of penalties for the predicate crime and Money laundering. Second, money laundering is a subsidiary of the predicate crime and is dependent on it, and the determination of penal sanctions for money laundering is generally subject to the determination of the criminal obligation in relation to the crime of origin. In contrast, the prevention of e-money laundering (preventive deterrence) does not harm the two; On the contrary, in guaranteeing preventive enforcement, the predicate crimes are not central, and money laundering itself is the focus of measures. Preventive measures, both situational and social, have the ability and flexibility to be used directly in connection with money laundering in cyberspace and eliminate the grounds for the formation of criminal cases in the field of money laundering.The present article, using library and Internet resources and by the method of description and analysis, has come to the conclusion that confronting the phenomenon of electronic money laundering through criminal and judicial measures has an outcome other than inflation, inefficiency of bail guarantees and opportunities for perpetrators. Does not have the legal responsibilities to escape, and the proposal of this article is to replace criminal and judicial measures with preventive measures or security measures that make electronic money laundering impossible by using various electronic methods and measures. Hence, e-money laundering, like other crimes, is not so much based on punitive or utilitarian analyzes of punishment, but is a phenomenon that can be controlled by a priori measures rather than a posteriori measures.

fashion Intellectual creation, the vital element of the fashion industry, is of great economic value. As the main approach of criminal support is value oriented, considering fashion to be a value in criminal support in the Iranian penal system is faced with challenges in some areas, such as criminalization and determining the sanction. This raises the following question: To what extent have the lawmakers focused on the standards of criminalization, basic principles, criteria, applicability, and the proportionality of sanction. Given the Iran and the French legal system as a relatively suitable criminal supporting system, as well as the United States, it seems that, although some support has been given to these intellectual creations under some headings in intellectual property law, major challenges still remain. The methods of interpretation and analysis of the Penal and Intellectual property law, and library resources have been used in the research to evaluate of conformity of standards of criminalization, and their applicability in the legal systems of Iran, France, and the United States. Findings demonstrates that criminal supporting in the fashion industry in the French and American systems is based on criminalization and attention has been paid to the economic nature and wealth creation of intellectual works, including intellectual creations in fashion, when determining the guarantee of execution. In Iran, however, inadequate standards of criminalization, copyright infringement, and determining the guarantee of appropriate execution have created challenges in the criminal supporting of fashion creations..

 Sometimes the involvement of several people in an operation leads to killing someone else. Anyone who can be charged with murder is a murderer, thus whenever the act of murder is documented to more than one person, a joint sentence can be issued between them. There are differences among the scholars about the retaliation permission of all partners; which is attempted to be illustrated in this article. The issue of complicity in murder is a problem related to retribution by which the courts in the country have received a majority of verdicts. The reason for this pluralism is the lack of issue recognition. It should be noted that retaliation is a ruling that relies on the individuals’ lives and dignity; therefore, it is essential to be careful in its implementation, and to know all its related matters. This investigation tries to identify all cases in which retribution is imposed on all participants. The ruling of Article 373 in the Islamic Penal Code, which stipulates the retribution of all partners in premeditated murder, is in terms of the verse “النفس بالنفس” and the caution principle for extravagance in murder, in terms of the punishment purpose as the non-interference of them in the punishment of killing a criminal who even commits numerous crimes and deserves several punishments is an issue of extravagance in murder. 

 The proposed article is based on analytical-descriptive study of laws, jurisprudence, jurisprudential sources, legal books and articles as well as the other sources, their inference and conclusion. 

 Not wasting in murder is an expression taken from verse 33 of Surah Al-Isra′ in which after stating the sanctity of killing someone and the right of the victim's guardian towards the murderer is prohibited from excessive murder. The verse appearance in terms of its previous phrase illustrates not to exaggerate in retaliation, however in terms of the term murder can also include cases where an individual deserves to be executed, so the extension of the death penalty such as the ropes use which cause taking a breather becomes extravagant in murder. Hence, being doubted this citation; we could not order the complicity in the murder. This research has been conducted by library method.

One of the fundamental principles of the rights of individuals in society is to observe the principle of the law and the principle of innocence, which plays a significant role in various jurisprudential issues. Due to their importance and high value, the scope of these principles is not limited to Islamic law and domestic laws and regulations, but the existence and effect of these principles can be found in other international laws and regulations and the domestic law of other countries. The important point in this regard is the recognition and clarification of the position of these principles in jurisprudence and law, because the acceptance of the principles will have different effects and results, as the case may be. In this article, we try to express the meaning and jurisprudential documentation of these two principles to the differences between them.