دکتر عاطفه عباسی

Marriage is one of the fundamental social institutions and falls within the scope of inherent human rights, playing a crucial role in the physical and psychological well-being of individuals. However, child and adolescent marriages, due to their irreparable consequences—particularly for the health of girls—have become a significant challenge. According to international legal instruments, the minimum accepted age for marriage is eighteen years, and marriages below this age are prohibited. In Iran, following the predominant view of Shia jurisprudence, the minimum marriage age is set at thirteen for girls and fifteen for boys, with marriages below this age permitted under specific conditions. Given the physical and psychological harms associated with early marriage, this study, using a library-based method and a descriptive-analytical approach, aims to identify the capacities of the Iranian legal system—including Islamic jurisprudence, domestic laws and regulations, international instruments, and judicial opinions—to prohibit marriages for individuals under eighteen years of age. The study demonstrates the necessity of distinguishing the age of religious responsibility from the age of entitlement to social and civil rights, ultimately proposing the age of eighteen as the legal marriage age, due to the attainment of maturity by minors at this age.

if the parents leave them, this means a refuge collapse to the children. The legislative system of the Islamic Republic of Iran has always efforted to minimize the adverse effects of such destruction by predicting social entities such as custody and meeting sessions. In this regard and based on legal approvals, the child and the non-custodian parent have the right to have meetings with each other according to judicial decision, and the prevention of the non-custodian parent has been deemed as crime. Surveys show that according to the reasons such as the necessity of devotion to relatives, the necessity of emotional training, quotations of clergymen, etc., the non-custodian father is obliged to set a meeting with the child in addition to the fact that the non-custodian parent and the child has the right to meet each other. Studying the subjected laws indicates that the legislator has only observed the subject of meeting from the perspective of the rights of non-custodian parent and has ignored his duties. So, regarding the partially irrecoverable effects of permanent break in one of the parents’ relationship with the child, it is suggested to approve the duties of non-custodian parent in addition to consideration of child envy, and to deem defiance of the mentioned duties as a crime.

For the first time in the commentary of Article 23 of the Family Protection Law approved in 2012, the issue of "prohibition of generation" for couples who have infectious and dangerous diseases and transmission of the disease threatens the health of the fetus; It has been considered by the legislator. The importance of paying attention to this issue is that the birth of a sick fetus will incur enormous medical, economic, cultural, educational and social costs for the society and in addition, it affects the right of the fetus to health and the fate of the future child.

The method of the qualitative article is descriptive-analytical and the method of data collection is library and by taking notes.

In the process of advancing research, trustworthiness and research ethics have been considered by the authors.

It should be noted that legislative action is an effective step to improve the quality of fetal and community health, but the legislator's lack of attention to the guarantee of comprehensive and complete implementation, practically neutralizes its useful and positive consequences and is one of the legal challenges of birth control, although in ensuring the rights and integrity of the family, the priority is to establish moral and transcendent values, education and culture and criminal intervention should be the minimum and last resort, but in this particular case, it seems that by considering the guarantee of criminal execution, the health of the fetus and Protected and protected the public interest.

The findings emphasize that there is a possibility of criminalization of the prohibition of generation, in the above case, and accordingly can guarantee the implementation of criminal law to amend the law.Please cite this article as:Tamizkar S, Abbasi A, Mohaghegh MS.Criminal Sanction of the Prohibition of Generation in Iranian Law (Supervising Article 23 of the Family Protection Law 2012). Medical Law Journal. 2022; 16(57): e28.

Examining many examples of criminalization in the field of preservation and protection of society's values shows the existence of criminal inflation, non-compliance with the needs of society, disproportion between crime and punishment, lack of consideration of preventive measures against the occurrence of crime and also non-compliance with policies. The entire notification system is the Supreme Leader's position. However, there is a considerable legal gap in dealing with epidemic diseases, including Corona.

His research is of a theoretical type, the research method is descriptive and analytical, and the method of collecting information is library-based, referring to documents, books, and articles.

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

The findings of this research indicate that while using preventive measures, criminalization of violations in the field of non-compliance with the regulations related to Corona should be done based on the doctrine of mere material crimes.

Protecting the health of people in the society, especially during the outbreak of an emerging disease like Corona, is one of the important duties of the government. One of the ways to protect health and safety in the society is to use the guarantee of criminal execution in compliance with the principles and criteria required for criminalization. Failure to pay attention to the regulations related to the corona pandemic era should be criminalized as material criminal events, so that without the need for intentionality or criminal guilt, and by decisively, quickly and timely dealing with the offenders, they will cause public intimidation of the members of the society and punish them. To respect and apply health regulations.Please cite this article as:Abbasi Kalimani A, Ghasemi Barzegar A. Feasibility of Criminalizing the Violation of the Rules and Restrictions Related to the Corona Pandemic in the form of a Mere Material Crime. Medical Law Journal. 2022; 16(57): e36.

In addition to deciding imprisonment, it is important to consider the results of such decision. The family of the convicted is the most significant entity that is negatively impacted by such a punishment. This research was a basic-theoretical study. Extrajudicial, judicial, and underjudicial resolutions in Iran can be reviewed in terms of legal considerations. Given the philosophy of Islamic punishment in Islamic penal policy, punishment is described attracting expediency and repelling evil, and the foundation of such laws is nothing more than jurisprudential laws. The findings showed that Islamic penal policy, which serves as a model of theological penal policy as opposed to western penal policy, which is a nontheological penal policy, outperforms in addressing the detrimental effects of imprisonment on the family of the convicted. Accordingly, despite its importance in Islamic penal policy, imprisonment does not have an irrevocable priority, and there are alternatives to imprisonment depending on the circumstances. given the importance of the role of the family in providing necessary performance in educating individuals on the one hand, and the possibility of family dissociation as a result of various factors including imprisonment on the other, laws of imprisonment can be established, issued, enacted while considering family consolidation.

A healthy community regards the right of Child’s education as both individual and social obligation. Although this right is presented by the family and government the role of the former is more emphasized according to the international documents.  Now the question is how far the family should contribute to the child’s education? The findings prove the sole responsibility of the government to provide a good basis of education and well being in each family unit. Family in return grows up healthy efficient children for a prosperous society.

Information technology provides better medical services and so appropriate conditions for misuse of personal information. Medical information is an important part of sensitive computer data. For the growing of information technology. Protection of patient`s privacy in cyberspace has become one of the main matters of medical law. To this end. The rules are set out in international documents including the right to choose beneficiaries at the information gathering stage. Observance of data security. transparency and access to data and accuracy in data retention. The necessity of related processing and the prohibition of disclosure of data at the stage of information use and finally. the need to eliminate or prohibit transboundary data transfer at the end of the patient status process, however the constitution and some of laws emphasize to privacy and non-disclosure of patients but E-commerce law and cybercrime law generally refer to the protection of such information and without regard to the above sequence and order. Merely refer to the principles of subject satisfaction. Legal collection. as well as data dilatation. The principle of data accuracy and their elimination. Punishments were not sufficient to ensure compliance with the above principles. It is necessary to comply with the precise criteria mentioned above together with appropriate them.

Children Criminal Rights seeks tocreate the necessary limitation for the fightagainst juvenile delinquency in order to achieve the corrent methods tomodify and treat the perpetrators under the age of 18.Accordingly, thereaction of the community to the crimes of childrenand adolescents shouldbe proportional tothese goals, which are clearly notablein the formulationofpunishments in Islamic Penal Code.According to this law, Hududisexecutable for children andadolescents, but it does not meanneglect of thepersonality and ageof the offenders. The findings of this article with thepurpose ofexamining the manner of issuance and enforcement of Hudud,indicatethat a review of the age ofcriminalresponsibility of children andadolescents based on existing jurisprudential sources is possible andrecommended, but in the current legal situation, on the one hand, features ofHudud such as criminal policy of ignoring crime, the difficulty of proving,the need to pay attention to the rule of dar, the process of rule of the Jeb andthe powers of governor in issuance and enforcement of Hudud and the lightrole of the plaintiff in the pursuit of these offenses; indicated that examplesof the implementation of Hudud were unique and, on the other hand, theverdict on those matters in according to the strict letter of the law, dependson the proof of growth and understanding of the nature and dignity of the actby the offense committed.Therefore, there is no conflict between thepunishment of persons under 18 years and the purposes of the new criminallaw.

The burden of proving the three elements constituting the crime, including the legal, actus reus and mens rea elements, along with the lack of barriers to the commission of the crime, is a matter for the prosecutor according to the relevant regulations and the general rule prescribing the burden of proof lies on the claimant. This includes proving criminal behavior such as its act or omission nature, attribution of the criminal act to the perpetrator, general and specific ill-will and knowledge and intention in deliberate crimes and criminal culpability in unintentional crimes, which actus reus can be substantiated by referring the matter to the expert. Although the Islamic Penal Code and the Code of Criminal Procedure do not order the judge's adherence to expert opinion and such opinion is recognized only as one of the scientific evidences for the judge, the judicial procedure approach to referring the case to experts to investigate the effects and consequences of the crime, whether electronic or medical, such as texting, fingerprints, semen, blood stains, saliva, etc., as well as examining the statements of witnesses, informants, plaintiffs and defendants, indicate the courts' attention and perhaps de facto adherence to scientific evidence (expert opinion) to substantiate the material element (actus reus) of the crime.

Legal aid in its widespread meaning includes those measures and Prolegomena, which are intended for the realization of fair trial and protection of vulnerable groups in terms of the type of crime or personality that are children. Therefore, investigating the right of legal aid to protect the child's life following the criminal procedure of children is the main objective of this study. In this research, using descriptive-analytic method and library resources of juridical and legal foundations and mechanisms in children's hearing, it is possible to have such cases as immaculate (as), the importance of education, necessity of teaching and foolish guidance, necessity of justice and preventing the judge's error the marking of legal aid is mentioned. In addition to these mechanisms such as criminal mediation, social work, the necessity of presence of the Guardian, legal guardian or lawyer during the hearing and the formation of a child police in line with the realization of legal assistance and undeniable important role.

Despite widespread legal reforms in the Islamic Penal Code and the code of penal procedure approved in 1392, in the scope of children and adolescents, there are still gaps and bugs in the Criminal liability of the child, the kind of executable punishment against them and procedure of crimes of children. This article, in a library method and after accurate study of existing jurisprudence and legal sources, concluded that, although existing laws regulate the relative acceptance of the age of criminal liability of children and adolescents in the field of crimes of inferiority and the minimum use of punishment and increase in legislating educative acts ,but the age of criminal liability Especially regarding the execution of hodoud and retribution is considered to face the challenge of aberration with social requirements and can be increased by appropriate separation between age of religious responsibility and criminal liability, based on available jurisprudential and scientific sources, which is a problem related to the execution of retributive punishments and it will raise the limit for children too.

As for the importance of the family maintenance, the legislator needs to predict appropriate social response to deal with any illegal act. In this regard, the act of decriminalization to reduce the adoption of punishment and retribution would be the best solution. This research proves that there are some way outs to fulfill the objectives of decriminalization regarding family crime. Some solutions such as asking for an appeal or taking alternative punishment to replace imprisonment and last but not least the issue of conditional or so to say the semi-release would be introduced accordingly. It is worth mentioning that in this study the discretionary punishment is in the focus, not the retribution such as Qisas and Hudud. It is worth mentioning that in this study the discretionary punishments is in most concern rather than retribution punishments such as retaliation (Qisas and Hudud) . According to the efficiency of decriminalizing ‚ the implementation of this policy can reduce the negative effects of sanctions while in the meantime provides ground to maintain family affairs.

In civil law of Iran, the right of women to nationality is intertwined with their family rights and duties and family rights are preferred to the moral rights of them. According to the above law the citizenship of the Iranian mother did not affect the child's nationality and even if child is born of Iranian mother and foreign father on Iranian soil, this person is not considered Iranian.
On the other hand, mother and father of many of these children are married without compliance of article 1060 of the Civil Code and some of men have no nationality and some of men have died or been missing, as a result, their children lack citizenship and identity.
Considering the ineffectiveness of the law of determining the nationality of the children of Iranian women married to foreign men and the need to modify the existing rules, this article is written. This article is a library study method by analyzing existing laws and regulations.
In this article , effect of the mother's role on granting citizenship is explained and checked the systems for determining the citizenship of individuals and families and suggested to these children are known Iranian and this problem can be resolved by the mother's request from the birth or by the child from the age of 18 years.
It is essential for mother's support, her marriage will be recorded and citizenship rights are given to these children before granting citizenship.

This paper arrived at the result of studying the legislative developments in the legal system of the country and its jurisprudential principles through the library's method. Which despite the precise determination of Blood is bleeding 's case and the imposition of a punitive punishment for someone who has committed a murder without legal authority, The Islamic Penal Code is also far from the humanitarian system with the ideal system of full and comprehensive support, And the existing legal status in addition to the social security of people in the country endangers, Conflicting the legality of the proceedings with the need to investigate criminal acts by the judiciary It is necessary to remove the title of Blood is bleeding and his murder license from Article 302, to pursue the treatment of the subject under this title in the courtroom through fair trial and the issuance of a legal decree against or against him.

The fulfillment of criminal responsibility depends on the proof of the accused's capacity, including wisdom, maturity, discretion and knowledge, and the absence of the above mentioned factors leads to the impossibility of attributing the offense to the accused and as a result of not fulfilling his criminal liability.
By claiming the existence of the above obstacles, there has been doubted about the realization of responsibility. The implementation of the acquittal principle and necessity in equality between accused and the public prosecutor's office in the fair trial requires that the prosecutor proves the existence of perception, discretion and knowledge.
According to the Islamic Penal Code and the Criminal Procedure Code, the burden of proof of the lack of perceptions including minor and psychological distress caused by insanity and drunkenness (except in the intentional murder), with the consent of the expert has been held by the prosecutor, but despite of the lack of clarifying the mentioned rules, it seems that the burden of proof in respect of lacking discretion and knowledge, i.e. reluctance, compulsion, necessity and mistaken, is left to the accused.

As a special features of children and adolescents، Prevention of victimization in Sexual offence and Investigation of the methods about prevention of children Sexual victimization, is necessary. Despite the criminalization a variety of Sexual offences as a Hadd (legal punishment) and Tazir and predictions payment of the diyeh(compensation) to victim؛ also the balance commit a Sexual offences are considerable .So it is important to use the non-criminal prevention strategies as a social and Situational prevention of crimes in three levels of primary secondary and Third . On one side، high safety factor and effective role of victim due to reduction of crimes and increase penalties. On the others during the conception of crimes؛ identification the factor of risk and causes of commit a crime due to eliminate or deactivate the effective factors .Planning and suitable policy causes improvement and elimination of factors that create crimes through correction of medicine، family life، education، home and leisure time.