فهرست مطالب abolfath khaleghi

Applying artificial intelligence in criminal investigations makes it necessary to examine the probative value of intelligent evidence such as silent testimony, admission of confession, expert theory, and intelligent tracker in criminal policy based on Sharia doctrines such as Iran's criminal policy.  The present article, with the descriptive-analytical method, based on the sources and evidence in the field of proof of claim, tries to examine the probative value of these proofs in an intelligent state. The findings of the research indicate that by carefully examining the judicial procedure of the courts, the modern performance of smart technology, and the dominant view of the authorities and the public, we will find that the reference to silent testimony recorded and transmitted confessions, the opinion of an expert, intelligent tracker or detective in the judicial process. It is not unlikely and far from expected. Regarding the silent testimony in crimes, perhaps it can be given more objectivity than human testimony and viewed as visible evidence. In addition, in some cases, the opinion of an expert and the use of a smart tracker may be able to provide the knowledge of the judge more than other evidence. Therefore, the full implementation of this action in the near future and with the growth of the use of artificial intelligence is an inevitable phenomenon, and the public and judicial must be prepared to coordinate with the speed of its development.

Racial discrimination, in a broad sense, involves the assertion of superiority of certain individuals over others based on their race. This phenomenon is examined across various disciplines, including politics, sociology, law, psychology, and ethics. Using a descriptive-analytical method and documentary analysis, this research explores the crime of racial discrimination from the viewpoints of Islamic jurisprudence and international criminal law.   The article begins by separately investigating the foundational principles prohibiting racial discrimination in Islamic jurisprudence and international criminal law. Subsequently, it delves into the constituent elements of the crime, namely the legal, material, and spiritual elements. Each element's components are scrutinized in connection with racial discrimination from both the perspectives of international criminal law and Islamic jurisprudence.   The punishment of the perpetrator is the concluding aspect of this exploration into criminal incidents. The article addresses the implementation of the crime of racial discrimination, discussing the guaranteeing of its enforcement in international criminal law and Islamic jurisprudence concerning those who commit the crime of discrimination. Finally, a comparative evaluation of the differences and similarities in the treatment of the crime of racial discrimination in Islamic jurisprudence and international criminal law is presented.

Among the most important assassinations in Iran, we can mention the assassination of General Qassem Soleimani and Martyr Fakhrizadeh. The mentioned assassinations are important in the sense that, firstly, the martyrdom of Sardar Soleimani took place in the territory of a foreign country, along with the violation of that country's privacy; Secondly, in the assassination of Shahid Fakhrizadeh, the latest war methods have been used. In this article, firstly, the definition, conditions and basics of targeted killing and the alleged justifications for the assassination of martyrs Soleimani and Fakhrizadeh and finally the legitimacy of the assassination of these martyrs have been discussed and investigated. This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and was done by referring to documents, books and articles.The assassination of the mentioned martyrs did not comply with the prohibition of assassination in the executive order of the American president and there was no reason to insist on assassination due to the absence of an immediate and imminent threat. The targeted killing of General Qassem Soleimani was considered a violation of the sovereignty of the Iraqi state and, due to the absence of armed conflict, it was contrary to international laws; As a result, it is impossible to invoke self-defense in these assassinations.

In today's age, the Internet as a wide and important communication tool can be sanctioned based on Article 41 of the United Nations Charter and international laws under the guaranty of implementation. Despite this prediction, no clear action has been reported by the Security Council in this regard. Although in practice, these are the governments that apply this restriction against each other without any permission and legal order and accept such restrictions within the limits of their international treaties and legal principles, but this is only as long as the countries are within the scope of power. have not taken action. In this case, instead of being a guarantee of enforcement, the internet ban becomes criminal in nature and is condemned by another enforcement guarantee. With the studies carried out in this research, in a descriptive-analytical way, the internet embargo is expressed in two distinct concepts and examples, one time as a guarantee of implementation and another time as an international crime, and finally, this is expected from the Security Council with Such behavior that violates international security and peace on a macro level, such as war and internet terrorism, and the International criminal Court should apply the necessary procedures for judicial proceedings

The role of the means rea in the realization of intentional crimes is undeniable and it is absolutely necessary for the attribution of the crime to the offender, regardless of the realm of national or international law. An important document in this regard is Article 30 of the Statute of the International Criminal Court and the practical procedure of this Court. But the important question that is constantly being asked is how is the means rea of the abet crime in international crimes organized? First of all, it seems that there is no need for the means rea of the perpetrator and his abet to be the same, and the mere knowledge of the abet is sufficient for the occurrence of the crime. Secondly, there is no need for the existence of the mentioned spiritual element to be obvious, but it is possible that with the help of all the circumstances, the abet's intent to be discovered and the spiritual element will be revealed. Finally, in order to form the means rea of the abet in crime, negligence and severe negligence must also be included in the category of intent in the abet.

Recently, the unpleasant phenomenon of Internet gambling has become popular among Iranian people, although this behavior and the desire to participate in it is not new and goes back to ancient times. But the method of doing it does not have much history due to the progress and change of lifestyle, which is done more and more in the glass world of virtual space. Therefore, this problem has become a social concern that requires its own criminal policy and non-criminal preventive measures.

Information has been collected by referring to books, dictionaries, legal sources and articles. The research method has been carried out in a library and in a descriptive-analytical way.

With the technical and pathological analysis of cyber criminals, the main cause of this crime is greed for the deceptive offers of criminals without thinking and reasoning. When an action is taken to prevent the occurrence of crime and increase the security of the society by planning and organizing among the security custodians and criminologists, social order, reduction of crimes, peace of the society and high public security will definitely emerge.

In the meantime, the criminologist should, like a smart doctor, find the cause of citizens' tendency to gamble and provide appropriate preventive measures. The most important preventive measures in this regard are solving the problem of unemployment and providing job opportunities according to meritocracy, strengthening religiosity and adopting situational measures by FATA police.

Dealing with international crime, preventing it, and achieving international criminal justice require the provision of the necessary powers to prosecute and investigate their perpetrators. The Prosecutor of the Court is responsible for prosecuting and investigating four international crimes, including genocide, crimes against humanity, war crimes and the crime of aggression. In this study, which has been written by descriptive-analytical method and using library resources, the results obtained are that the prosecutor of the court has a duty to consider the rights of victims and defendants, examining cases in accordance with the principle of admissibility of claims, to establish a reasonable basis. N. The prosecutor has the power, after conducting preliminary inquiries into the admissibility, interests of justice or the establishment of a reasonable basis for any prosecution or investigation by the Preliminary Branch of the Court, which has judicial oversight of the prosecution; Decide. The request of the prosecutor together with the necessary documents in order to start the prosecution or investigation of the defendants, despite the judicial independence of the prosecutor's office, will be subject to the approval of the preliminary branch. Once the request is approved, the prosecutor will have the power to conduct preliminary investigations such as gathering evidence, summoning or apprehending the accused, investigating victims, witnesses and informants.

Multiplicity and recurrence of crime as general aspects of aggravation of punishment, are one of the effective factors in determining the punishment of the offender. These two institutions have always experienced changes by the legislative, mainly because of their importance in determining the amount of punishment. The “Law on Reducing the Punishment of Imprisonment”, approved in 2020 that has a legislative policy and an inherent philosophy of reducing prison sentences, was no exception either. It has also brought fundamental changes to these institutions. Therefore despite the fact that the multiplicity and recurrence of crime are considered as grounds for aggravation of punishment, in the law on reducing the punishment of imprisonment, they have been altered according to the reductionist approach? In this paper, these changes have been studied descriptively-analytically with a practical approach. Determining the scope of the minimum punishment in different forms of crime, expanding the scope of the rules of multiplicity of crimes in ta'zir crimes with seventh and eighth degree, describing the elimination of the rule of summation of punishments and separating crimes into different and similar to describing the lack of appropriate criteria for separating crimes in nature. The form of commission and ... are the most important challenges facing the law of reduction.

The expansion and development of cyberspace, like other human achievements, in addition to it’s undeniable benefits, has created challenges and disadvantages, including the launch of Roman games in gambling and online betting in this space. Gambling is one of the most destructive and ruinous games, which unfortunately the corruption is being covered as a deceptive intellectual sport. In this writing, with the descriptive-analytical method and the use of library resources, the jurisprudential aspects and theories of criminology and the preventive measure of this phenomenon are examined. The results of this study show that Iranian law is as reliable as the articles (705 to 711 of the Islamic Penal Code (Punishment) approved in 1996) that may be available on the Internet, and therefore it’s openness between betting and gambling, the materials available on Betting is not reliable. Article 2 Law on Intensification of Bribery, Embezzlement and Fraud approved in 1988 of governs it. It should also be kept in mind that criminalization is not the only solution, however he should act like a physician, and a competent physician, to figure out the tendency of young people to gamble and seek preventive measures; because prevention is better than cure.

The extensive grounds of terrorist’s unpunishment, specifically in the newly-founded and governmental crimes, has affected the frequency of these terrorist acts and has led to the increasing development of their anti-human practices in regional and global levels. The unprecedented order and official terror of internationally protected persons, including the commander of the Quds Force by the US president, is the example of a crime that has violated treaties, customary rules and international legal principles and the new forms of terrorism, which could be imitated  by other states’ presidents, threatens the peace and stability of the international community. Considering that the terrorist act was committed in the territory of a foreign country with the aiding and abetting of alien’s nationals, the victim's country is not easily able to prosecute the commanders who ordered and perpetrators of that incident. This is due to the fact that the terrorist act has occurred outside the territory of the Islamic Republic of Iran and therefore the principle of territorial jurisdiction, which is the basis for the determination and recognition of the competent courts and law, cannot be enforced. Overcoming this fundamental obstacle and finding legal solutions to achieve the governing rules and the competent authority by exploring the jurisdictional aspects of international institutions is a challenge that has been addressed in this article through a descriptive-analytic method of study. Strategies such as applying the principles of substitute competence, using the capacity of the relevant states’ cooperation, legal capacity-creating based on the measures tested in the world community, constitute applicable responses for solving the problem.

One of the ways to organize penal system is the enforcement of principle of individualization of punishments. Iran’s legislator, before enacting new rule of punishments, for applying this principle used some methods including probation and parole until in subsequent punishment law, more steps were taken to realize and enforce this principle and these methods were developed, and also institutions such as postponement of sentence were established by legislator. This is a new institution in penal law which allows the judge of a case to postpone issuing conviction sentence of offender by considering some conditions. In this paper, authors attempt to review the nature of this institution and articulate the requirements, effects, purposes of this institution. While putting forward different discussions, we study and analyze related articles.

Public transactions are one of main ways of spending public budget and hence are one of legal means for committing economic corruption; accordingly governing a legal mechanism on them is necessary. Current laws in curbing corruption in public transactions are not up-to-date and efficient yet and are facing with flaws which cause the possibility of committing corruption through them. Organization of Economic Cooperation and Development (OECD) in years of studying its members laws on domestic public transactions has provided recommendations for amendment of their laws which also could be useful for legal amendments in Iran. Using a descriptive-analytical method, this article has recognized such flaws in quintuple steps of public transactions (including assessment of necessities, pre-bidding and bidding, conclusion of contracts, implementation of contracts and final audit) in the light of OECD recommendations and has recommended enactment of an exhaustive criminal Act in this field and amendment of current laws on tenders and auctions for curbing corruption.

The theory of joint criminal enterprise has been developed and applied in international proceedings for the realization of the goals of international criminal law including the prevention of criminal activities and punishing the perpetrators. According to this theory, if an individual has the necessary mental element, his not being directly involved in committing the material element of the crime does not lead to exculpation. International criminal courts have adopted different approaches in realizing the mental element of crimes and have suggested different concepts. Hence, in some approaches (basic approaches) the concept of “common intention” has been considered as a fundamental basis for constituting the mental element". In a second approach (a systematic approach), the intention of developing a criminal system" has been regarded as the fundamental element of responsibility; in a third approach, the ability to predict the crime has been seen as the main building block of the mental element. Although development of these approaches has helped international criminal law fulfill its objectives, they are seen as the emergence of challenges and questions in relation to the limitations and framework of the aforementioned concepts and the possibility of accommodating them with crimes with specific mens rea. These challenges represent the necessity of further investigation of mens rea in joint criminal enterprise with specific attention to principles of law and the foundations and nature of the theory.

This study aimed to investigate the effect of religiosity on the type of crime (against persons, property, safety and general welfare) conducted a social survey research methods and sample size consisted of two groups of offenders (240 prisoners) and those who commit crimes (421 persons) which has been randomly selected for data collection questionnaire and interviews with case study was used and data were analyzed using Pearson correlation and stepwise regression analysis.
Findings confirm significant inverse relationship between religiosity and delinquency and explain the propensity to commit crimes decreases with increasing religiosity maximum impact will vary depending on the crimes. Within the normal range ceremonial aspect of religion and belief is most correlated with the dependent variable, reducing criminal behavior.
The results indicate that two variables among offender’s ritual and belief the greatest effect on crimes against property and public welfare. The experimental outcome and other variables religiosity indirect effect on crime. But the crimes against persons and crimes committed there was no inter-religious and non-religious and non-religious are almost identical to commit this crime. In general, the degree of religious influence crime is variable depending on the extent of crimes and crimes against property and public welfare and thus more effective in crimes against persons, or degree of influence on the dependent variable unaffected pales.

Tax evasion has the higher frequency in the economic crime rate. After the repeated reforms in the Direct Tax Act especially in Article 201 approved in 1380 and Article 274 in 1394, this economic phenomenon (tax evasion) was criminalized and punishable by imprisonment. But in terms of elements of crime and punishment, there are many ambiguities in this article. Tax evasion is an intentional crime which physical behavior can be resulted from positive or negative actions. In terms of conditions for committing tax evasion, offenders need not to direct perpetration the Fraud documents file but the facts cited in the third person settings, will suffice. In the other hand, the omission should be completed during three consecutive years. The element result for the ratio of the absolute or conditional crime much possibility arises that seems to be conditional its compliance with the principles of legal interpretation in favor of the accused. This article based on the systematic approach to the analysis of the elements that constitute the crime of tax evasion will be discussed.

The major contents of this article include the nature, principles, effects and finally probative value of assuming knowledge of law. The basis of legislating this presumption as a conclusive legal one (and not a fiction) is the public policy in preventing irregularity and confusion. It is justified by ‘inwardness state of knowledge and that it is mental’ that makes it difficult to be proved. Although it is considered to be unfair to blame someone who is ignorant of law ,in ‘fiqh‘ sources, every reasonable person is presumed as being aware of law, according to the appearance, unless under certain conditions. This presumption is rebutted in three cases, due to its nature and its probative value according to the Islamic Penal Code: I-when a perpetrator is ignorant of non-criminal provisions such as civil regulations or administrative provisions which are efficient for a crime to come into existence. In these cases, mental element (mens rea) doesn’t exist. II- When the perpetrator’s ignorance is based on own his failure (not his fault). III- In “had (penance)” crimes and in “tazir” crimes (in the strict sense of the term) which are pre-ordained in fiqh; as soon as the accused claims that he was ignorant of law, when it is probable.

Identity theft that is one of the most critical crimes that has no common and acceptable definition presented for yet. Study of the elements of this crime, depends on its concept and meaning. In this article, it is attempted to define identity theft, and also to define its similar concepts, such as counterfeiting and identity fraud, in order to clarify that what is commonly mentioned as identity theft (possession of another' s identity without their consent) is actually part of a larger concept which is identity fraud. And this, in turn, is part of a larger series of crimes related to identity. A general concept that all criminal affairs related to identity are a part of an identity, is the main subject or instrument is for committing these crimes. One of the regulations that have criminalized this issue is the United States Identity Theft and Assumption Deterrence Act. Therefore, the constituent elements of this crime and the mechanism of accessing information will be explored and a comparative study of similar titles in Iran law will be done.

In the management of crime prevention knowledge, scientific sources and reports on administrative situational prevention projects are collected, organized and divided into portions. The question which is risen is why the management of situational Prevention knowledge is necessary in Iran’s police and how is this knowledge managed. Iran’s Police is a governmental, hierarchical and concentrated Organization. Network based and horizontal relationships are limited in such organizations, and Initiative in carrying out administrative duties is replaced by routine activities. In the absence of knowledge management mechanism, police officers are unwilling to exchange experiences. Requirement based on increasing of efficiency is another reason which doubles the necessity of knowledge management in Iran’s police. Due to the management of prevention knowledge, in the first step, police activities shall be executed in the framework of process identified in this paper. In the next step, executive branches of police force send reports on successful projects to the center of applicable studies which is in the office of prevention police in order to be investigated and displayed on the website, afterward. Collection and displaying the crime prevention studies on this website alongside reports of successful projects makes the cycle of knowledge Management. Continuation of this cycle leads to activation of knowledge in police organization.

Context and the non-humanistic phenomenon refers to “assassinating nuclear experts” as organized terrorist criminal actions which is aimed at killing nuclear intellectuals, scientists and stop and slow down the development and expansion. the study has been conducted in descriptive – analytical method using library sources. the nature of these actions is such that on one hand the factors, motives of the commitment of other criminal actions are different and on the other hand are taken with complicated and minute plans using advanced tools and amours. Thus the prevention of these crimes cannot be subject to logics and adoptive general ways in return for crimes and organized and arranged in compatibility with preventive mechanisms. Considering the special nature of the most effective and best ways to counter and prevent such terrorist crimes, using preventive and position-based mechanisms. Considering the effects on the process of the prevention of crimes commitment preventive mechanisms are divided into 5 categories based on 1. Cost increase 2. Danger increase 3. The decrease of interests 4. The decrease of stimuli 5. The elimination of justifiers which deal with the mechanisms based on the increase of the cost of nuclear scientists Considering the special features of every position, the prevention of scientist is performed by posing the matters related to the recognition of dangerous opportunities and situations and the use of the mechanisms to make difficult crime target, controlling the access to crime target and filtering the exits

Some scholars believe that medical researchers who conduct non-therapeutic research on human subjects should not be sentenced to criminal punishment even though they are committing criminal act with harming human subject. In contrast، other scholars argue that administrative and civil sanctions in connection with biomedical research is not enough And criminal sanction in addition to civil and administrative sanctions have a greater deterrent effect. In this paper we Review the viewpoint of those who Support the ban on criminal policy in scientific research and analysis the view of advocates of necessity of adopting this policy، we proposed the best approach for the Iranian legal system. According to Reasons of proponents of each theory and principles of national rights، the use of criminal sanctions against misconduct in scientific research can be instrumental in protection of human subject’s rights and reducing misconduct in scientific research.

Human life and his survival on the earth are dependent on the utilization of the different sources like water resources. Misusing of the environmental resources can result in pollution and destruction. Water, as a very sensitive environmental resource on which human life depends, will be exposed to all kinds of environmental pollutions. The necessity of preservation of the water resources has been engaged in legal and criminal strategies which are passed in order to save and protect these resources. Internal criminal policy in the field of legislation with regard to religious order and the national and local considerations has focused on respecting water resources. This policy has directly and indirectly been influenced by the application of the requirements of joining to international instrument regulations, and has passed laws to preserve different bodies of water resources

One of the important issues in the field of medical ethics is the patient’s consent to treatment. This issue has also been addressed in the law, and Islamic legislators have clarified the conditions of gaining patient’s consent and approached questions such as legitimacy of treatments or surgical operations, capacity of the person giving consent and so on. In medical ethics, there are different types of consent including expressed, implied and informed consent, while the Islamic Criminal Act concerns itself only with the expression of consent and it is unclear which type of consent the legislators are referring to. The importance of this issue lies in the fact that gaining the patient’s consent without meeting the specified legal conditions causes liability for the physician. This article attempts to clarify the legal conditions for gaining patient's consent and at the same time answer questions such as whether the consent mentioned in the Islamic Criminal Act includes various types in medical ethics or not, how failure to meet the legal conditions for gaining consent should be penalized, what the liabilities are in the event that the patient’s consent is not gained, and other questions related to the issue

Duration of human generation and their health are condition to preservation pure environment and enjoyment from species fauna, contemporary with the permanent revenue and proportionate of them. Among the most important wildlings on the biosphere are games so that steady down of them by legal management and using the legal sanctions; especially the criminal option is necessity. In the national criminal law in order to harmonious with the environment standards in the international treaties, hunt, capture, purchase, Salem, trade, carrying, expose, export wildlife and their parties, are crimes and therefore sentence able. Criminal protected various in the criminal law in ordnance with the categories (ordinal, protected and endangered to extinction) habitat (protected area, asylum wildlife, national park) and instruments are ranged.