فهرست مطالب bagher shamloo

Considering the increase and expansion of legal entities and commercial companies in today's society and considering that the nature of legal entities is different from natural persons, the type and function of criminal response to the crimes of legal entities should also be consistent with their nature. Such an issue requires updating the laws in the field of identifying the criminal liability of legal entities and punishing them accordingly. In the opinion, the only punishment that could be applied to legal entities was a fine; However, after examining the types of punishments, jurists introduced other types of punishments as appropriate punishments for legal entities. For example, the punishment of dissolution of a legal entity was considered equivalent to the death penalty and the temporary closure of its activity was considered equivalent to imprisonment. In the last century, Iran's criminal law, in accordance with the movement of advanced countries towards the recognition of criminal liability for legal entities, has dealt with the identification of criminal liability for legal entities in a scattered manner in special laws and has established different approaches in each of them. For example, in Article 220 of the Trade Law, Article 4 of the Law on Medical and Pharmaceutical Affairs and Food and Beverage Regulations approved in 1995, and Article 17 of the discretionary punishments (Tazirat) Law approved in 1988, it is stipulated that a legal person should be sentenced regardless of the natural persons related to it. However, in some articles, such as Article 8 of the Law on Translation of Books, Publications and Audio Works approved in 1973 and Article 109 of the Social Security Law approved in 1975, the responsibility resulting from the commission of a crime by legal entities has been directed at the natural persons related to them. The computer crimes law approved in 2018 is also one of the important special laws in which the criminal liability of legal entities is currently recognized under articles 747 and 748 of the Islamic Penal Code (Tazirat), with a clear mechanism than other laws. Article 67 and 70 of the Anti-Smuggling of Goods and Currency Law deal with the issue of criminal responsibility of legal entities in the crime of smuggling of goods and currency and has differential accountability for their crimes. Also, article 500 of the supplementary Islamic Penal Code (Tazirat) 2019, in stating the criminal responsibility of a legal entity for financing groups based on psychological inductions and mind control methods, has determined a separate punishment for the legal entity. Despite the identification of criminal liability for legal entities in the above special laws, Article 143 of the Islamic Penal Code approved in 2012 has stated the conditions of criminal liability of legal entities, and its articles 20 to 22 have also stipulated the punishments of legal entities and some conditions for their implementation. The punishments mentioned in the mentioned Article 20, according to the classification of punishments in Article 19 of the same law, include levels from the most severe to the mildest level of punishments. The ideal approach for the seven clauses of Article 20 of the Islamic Penal Code of 2013 is that the punishments mentioned in it should be a comprehensive range of punishments appropriate for legal entities. This is despite the fact that, as will be stated, out of the seven reactions mentioned, in some cases, only two or three may be applicable, which without doubt cannot be a reasonable, proportionate and effective reaction to various crimes. In order to remedy this damage, it is suggested that, like Article 14 of the Islamic Penal Code and Article 67 of the Anti-Smuggling of Goods and Currency Law approved in 2012, the legislator is only in the position of classifying punishments and leaves the establishment of competence to determine the punishment to specific laws in each field. Based on the above, in this research, an attempt is made to answer the main question with a descriptive-analytical method and using library resources, that the guarantee of the criminal executions mentioned in Article 20 of the Islamic Penal Code 2013 to respond to the crimes committed by legal entities, What challenges does it face? For this purpose, an effort is made to analyze the punishments in the aforementioned article one by one, theoretically and practically. In order to answer the main question of the research, these sub-questions will also be answered, whether the punishments mentioned in the Islamic Penal Code of 1392 have the necessary variety? Can the mentioned punishments be placed in proportion to all types of crimes from all types of legal entities? What are the problems faced by the legislator's statements to specify the mentioned punishments? In this regard, the structure of the research is compiled based on the punishments mentioned in Article 20, and the mentioned punishments are analyzed case by case, and then suggestions are presented to correct the mentioned challenges. In order to mention some of the suggestions resulting from the findings of the research, the following can be mentioned: 1. In order to achieve the goals of punishment, managers and shareholders of dissolved legal entities should be prohibited from forming, representing or establishing a new legal entity; 2. The criterion mentioned in Article 21 of the Islamic Penal Code regarding a monetary penalty equal to two to four times the monetary penalty of natural persons should be removed and another indicator such as a percentage of the average financial turnover of a legal entity in several years leading to the crime considered by the judge to determine the amount of the monetary penalty. take In cases where the amount of the fine for the real person who committed the crime has not been determined, an index for the amount of the fine should be determined; 3. In banning one or more professional or social activities, banning public invitations to increase capital and banning the issuance of certain commercial documents, it is appropriate to modify the ban period: with the explanation that the possibility of banning for more than five years and less than to exist permanently; 4. It is necessary that the cases of the court's decision to publish the conviction in the media are limited to specific cases based on the severity of the crime committed or its repetition. Also, the types of media desired by the legislator, such as written or visual, the number of levels of publication, the separation of national and local media are suggested.

In the face of crises such as the rapid spread of contagious diseases, the ravages of war, and the devastation of earthquakes, medical professionals often find themselves in a dire predicament. Resources and treatment facilities at their disposal are simply insufficient to cater to the needs of all patients. The ethical and legal quandary that arises in such situations, of categorizing patients and determining the order of medical service, is a pressing issue that involves policy makers, doctors, and patients alike.This article delves into a thought-provoking question: What should be the guiding principles in patient prioritization? Should the distribution of health resources be solely based on clinical criteria, which are primarily consequentialist, or should egalitarian criteria determine the order of patient care? And how do we balance the need to protect patients' human rights with the adopted criteria?The answers to the aforementioned questions have been obtained by adopting the analytical-descriptive method and using library resources. The results show that the answers to the above issues should be based on the maximum respect for the patients’ human rights, on a clinical and non-clinical composite approach, and by giving weight to the egalitarian-based retrospective and consequences-based prospective components.

Punishment” is a social institution and one of the main subjects in the realm of penal policy. Considering the institutional nature of punishment and the necessity of the institutions’ being just, the just social institutions are those institutions which impose their constitutive rules equally on the subjects. But giving opportunities to the underprivileged subjects can lead to the realization of a balanced order. So, the just social institutions can be described as having two criteria: equality and adjustment, which make the main bases of describing the just social institutions. Discrimination in punishment causes the harassment and the unjust restrictions to citizens and shakes the pillars of the legitimacy of the penal justice system. Therefore, avoiding the discriminative punishment has become one of the most important social concerns in the realm of penal policy and social assent, which can provide the strongest justification in the philosophy of punishment. Using a descriptive-analytical method, this paper intends to explain the philosophical roots of the justification of punishment and to draw some peculiarities of just punishment system. One of the findings of this paper is that if a just penal process is based on equality and adjustment, it can lead to the restoration of the social order impaired by delinquency. This process is guaranteed by principles such as the negation of indeterminism, the necessity of the rule of law, and the principle of the penal necessity. Considering the dependence of these peculiarities on the theory of social justice, which gives legitimacy to punishment, we will examine the philosophical foundations of just punishment.

As one of the main drivers of the economy, Non-Financial Businesses and Professions play an undeniable role in promoting financial and economic activities. However, the existence of some inherent features such as the breadth of activity and the lack of transparency in financial exchanges and transactions of some types of these businesses have caused them to become a cover and platform for committing crimes, especially money laundering. This, along with the governments' lack of correct and comprehensive understanding of the risk of committing crimes in these jobs, has turned them into an important challenge that requires attention at the legislative and structural levels. In this regard and considering the importance of taking effective measures to reduce the risks of this category of businesses, the Financial Action Task Force, as a transnational group, while identifying the types of Non-Financial Businesses and Professions, extended the anti-money laundering requirements to this category and asked governments to include preventive and countermeasures of the anti-money laundering system in their country. Undoubtedly, success in this matter requires the removal of legislative obstacles and also the improvement of governments at the structural level in order to implement the requirements. Thus, in this article, with a descriptive and analytical method and relying on reliable sources, the risks of money laundering in non-financial businesses will be examined and the challenges and solutions to solve them will be analyzed in the light of the recommendations of the Financial Action Task Force. The results of the research show that the ineffectiveness of the laws in the field of Non-Financial Businesses and Professions and the non-compliance of its trustees with the risk-based approach have brought challenges in the implementation of anti-money laundering requirements. Therefore, it is necessary to regulate Non-Financial Businesses and Professions and apply a risk-based approach in the implementation of regulations, through training to the custodians of this field. Also, creating an infrastructure based on new technologies, in a way that provides the basis for the effective implementation of requirements, appropriate to the nature of Non-Financial Businesses and Professions, will be effective in reducing the risk of money laundering.

In democratic policymaking, the demands of citizens in Criminal Normalization are taken into consideration. The legitimacy of criminal measures is achieved through the identification of citizens and the protection of their freedoms. In a democratic system, citizens have the most democratic participation in the Criminal process. In this research, this question is answered in a descriptive-analytical way through library information in the light of the three principles of representation, citizenship rights, and limitation of power. What is the position of citizens' demands for a fair criminal policy that is maximally acceptable and to what extent should the will of the general public be taken into account? The result of the present study is that the principles of democracy in any society, in terms of the degree to which it is conceptualized, affect the type and manner of criminal policies. Democracy by providing citizens' satisfaction and providing democratic participation while influencing criminalization can provide the basis for a fair criminal response in society. Paying attention to the will of citizens in democratic policy-making causes criminal responses to be redefined in the light of the concepts of civil rights, and criminalization and Sentencing to be carried out following the culture and civilization of society. the findings in this study are positive this fact, That the coercive result of establishing the concepts of democracy in societies is not necessarily the establishment of humane criminal responses, and in some cases, policymakers deviate from democratic concepts to establish strict responses

The right to counsel for the accused is recognized in the national criminal justice systems. International obligations also indicate the recognition of this right in various sources of international law including international instruments and international jurisprudence. Among international instruments, the Vienna Convention on Consular Relations (1963) emphasizes the right to counsel for the alien accused in the form of the right to consular assistance. The judgment of the International Court of Justice in the La Grand Case (2001) is one of the most important international judgments on the right to consular assistance for the alien accused. The present article papers answers the principal question of how the right to consular assistance for the alien accused is reflected in the judgment of the International Court of Justice in the La Grand Case (2001). The findings of the present article paper indicate that the right to counsel for the alien accused in La Grand Case is according to the Vienna Convention recognized in the form of the right to consular assistance and the Court considers the right to consular assistance for the accused to be an individual right which its main beneficiary is the accused, not his state.

The technologies as the inevitable reality of today's world are expanding phenomena that form the leaven of progress of individuals, organizations and societies. These innovations, along with the numerous merits they have had in the process of civilization and socialization of mankind throughout history, also create destructive and disruptive effects in various fields, including the field of social security, by creating an environment for people to be victims and criminals. On the other hand, most of the researches have analyzed and investigated the destructive technical-industrial effects of technology and have paid less attention to the destructive and disruptive effects of technologies at the organizational level, especially the moral and value systems in the epistemic paradigm that endanger social security.

The method used in organizing and conducting research in this research is "analytical-descriptive" and an attempt is made to explain and accurately describe the discussed phenomena by using logical and scientific principles and relying on the data of reliable scientific authorities.

The findings indicate that the deep disruptions of technologies in the current era are aimed at disruptions at various technical, organizational and paradigmatic-cognitive levels, which will leave fundamental destructive effects on social security, especially in the value-moral field.

According to the new classification presented in this research, which is in line with the complexities of the present age, and paying attention to the results of the paradigmatic disruptions of technologies, it is suggested to use the "prior" approach in a future research process in different areas of decision-making. Legally and criminologically, these works should be identified and, in a preventive measure, its destructive consequences in the field of social security should be prevented.

With the formation of human societies and governments, a series of behaviors under the influence of factors such as customs, religion, economic and social interactions with other societies, etc. were taken into consideration as dos and don'ts. These cases are classified at different levels according to the degree of importance in such a way that some of them will face punishment if they are found guilty. Regarding the principles governing the criminalization of behavior, some cases have been stated, among which are: 1) the principle of harm: The most important principle and basis that countries rely on to justify the criminalization of behavior is the principle of harm. This case has been supported by scholars such as John Stuart Mill, Hart and Parker. These people believe that due to the great importance of human freedom, restrictions and criminalization should be applied in a place where there is a specific harm or danger to the individual or the society. be, he has no responsibility towards society, the only thing that can allow the use of force against people against his will in a civilized society is that he wants to prevent harm to others. Guardianship or legal patriarchy: father Monarchy means acting for the good of others without their consent, as a father does for his children. That is, like a father, he supervises the actions of his children and avoids anything he deems harmful to them, even by force.

whereas many cases of terrorist crimes and terrorist financing have international dimensions, the serious and effective fight against these crimes faces two challenges: on the one hand exercising jurisdiction and choosing a qualified court on the other. It is not possible to deal with these dangerous crimes without resolving the issue of contradiction of criminal jurisdiction of countries, as well as qualification of domestic or international courts to deal with these crimes. The present article has been written by descriptive-analytical method and based on written documents and sources and its information has been collected through library study. Based on this research, it seems that for the counter-terrorism campaign and it’s financing to be more effective, accepting the principle of universal jurisdiction is necessary, and it can be a way to prevent criminals escaping, although there is no prohibition on governments using other principles of jurisdiction. In addition, resolving the issue of the qualified court for investigating these crimes is possible by relying on the existing domestic and international juridical literature. This is because, in addition to being able to take advantage of the capacity of domestic courts, governments can use the capacity of the International Criminal Court or case and regional courts to prosecute offenders and to provide global justice and security through Collaboration and under special circumstances, especially when the crime of terrorism or its financing is transnational or international.

Despite the apparent conflict between the republic and Islam, constitutional experts sought to balance these two concepts. Ultimately, however, the disproportionate imbalance between the two concepts and political conservatism in constitutional reform prevented some essentials of democracy, including responding to state crimes, from being enshrined in the constitution and, consequently, legislative and sub-legislative laws. The conceptual realm of state crime is all the harmful behaviors and those violating human rights by the state and its agents. In democracy-based government models, the need to respond to the behaviors is represented with components, such as a good governance model and structural-management reform of the government. In this regard, the system of the Islamic Republic of Iran, by adopting a minimalist approach, recognizes the responsibility only of governmental agents as the responsible private persons and not as an element or legal person of government and, as a result, uses the same common responses to private persons. While it is desirable that responding to state crimes should extend to governmental bodies and agents, as in public acts for legal people. Also, the lack of a competent authority, such as the supreme constitutional court, to respond to state crimes is one of the most important limitations of responding to such crimes. However, to compensate for the shortcomings and limitations of the Iranian legal system in this regard, there are various capacities in the constitution, such as the possibility of revision and modification according to Article 177 of the constitution.

Technological developments always include issues of various dimensions, of which the legal aspect is undoubtedly one of the most prominent dimensions. One of the main factors of this is the lack of clear assignment of the law to the subjects and the need for interpretation and analysis based on the existing legal foundations, which is sometimes difficult and challenging in practice. Undoubtedly, one of the manifestations of technological developments is virtual assets and the issues surrounding them, which despite their development, the legal systems, especially the legal system of Iran, have not provided an appropriate response to the issues related to it. One of these cases is the issue of extracting cryptocurrencies using miner devices, many of the rules related to which have not been determined in Iran's legal system. Among these issues is the elimination of smuggled mining devices, which although there is no specific provision in the Law on Combating Smuggling of Goods and Currency approved in 1392 with subsequent amendments, including the amendments of 1400, Resolution No. 204483/00/p. dated 10 11/1400, the central headquarters to combat the smuggling of goods and currency has prescribed the elimination of miners in some cases. Based on this, the present article, with a descriptive-analytical method, based on the existing laws and regulations, it is tried to expand the possibility of including the elimination rules on miners and examine its legal aspects.

Intellectual property rights are ownership of the works and intellectual efforts of individuals, which, by providing some elements including originality, novelty and innovation, due to the nature of the intellectual work, bring relatively exclusive rights to the creator. Contrary to popular belief, intellectual property is not an absolute right and it can also include the public rights. While analyzing the issue of intellectual property rights in the construction industry as works of art and industry, this article has examined the legal protections in two stages before and after construction and it is based on this opinion that the use of designs and ideas implemented by other engineers does not necessarily mean an infringement of the original creator's rights and is considered as a part of the growing nature of the engineering world. Also, it is concluded that in the absence of a clear legal perspective, at the time of conflict between its material and intellectual rights, at least in the field of engineering and industry, the principle of material ownership prevails and the owner has the right to change the created engineering artifact based on his needs, but the owner of the idea can prevent the attribution of the work to himself and recover his suffered possible or absolute damages, if any. Finally, from the criminal aspect, it is found that violation of intellectual rights is no longer a crime merely related to the private rights of individuals, and it is necessary to identify it as a public crime aligns with the public interest and the social and economic developments.

Economics is the most important area of law because the nature of the legal system is influenced by the intellectual system governing the economic system. Regulating the economic system and creating a network of relationships defined in it can reduce the costs of the legal system and increase its efficiency, and also disruption of it cause functional imbalance of the economic relations network of individuals and consequently disruption of the legal system. This issue challenges criminal law and causes unwarranted expansion of criminal instruments in the economic sphere. In this paper, a new approach of interdisciplinary economic and criminal law studies will be presented using descriptive-analytical research method. The findings indicate that; At least in the field of economic crimes, the bases, norms and criteria of criminalization rarely exist, and since its rules are to guarantee the basis and current requirements of the economic system, criminal law should always be dynamic and evolve along with the realities and developments of the economic system including Recommendation No. 12 of the European Council in June 1981, which is a strategic document in modern economic criminalization, along with the conventional principles of criminalization.

The threat posed by terrorist groups in Iraq, not only for the country but for the whole world, and especially for neighboring countries, is important in addressing the criminal legal response to the Iraqi judiciary. Despite the extent of the terrorist acts of this group and its members, the measures taken by the criminal policy of this country to deal with the detainees, as well as the challenges in this regard, are among the main questions of this article. In this regard, the pathological attitude towards the country's Code of Judicial Procedure in interaction with the Special Law on Combating Terrorism and referring to the cases of members of terrorist groups, especially ISIS, shows that criminal proceedings are a form of the same rules of criminal procedure. It follows other crimes and does not have a differentiated criminal proceedings. In addition, the method of committing the crimes of the members of this terrorist group makes it doubly difficult to determine the method of assigning the crimes that have been committed as a group, and this will delay the trial. For this reason, the implementation of the judicial process in a discretionary, politicized and mainly military manner has made it possible to question the observance of the proceedings mentioned in the Code of Criminal Procedure.

There are disagreements in the judicial procedure regarding the competent court to conduct preliminary investigations of the crimes under Article 302 of the Criminal Procedure code committed by girls between the ages of 9 and 15. Some views based on Note 1, Article 285 of the Criminal Procedure code, put directly the preliminary investigation of all crimes of people under 15 years of age under the jurisdiction of the Children and Juvenile Court and don’t consider any differences between boys and girls. Some other comments have placed the preliminary investigation of this group under the jurisdiction of the special criminal court for dealing with juvenile crimes based on Article 315 of the Criminal Procedure code. Assuming the competence of the special criminal court to deal with juvenile crimes, prohibition of dealing with said crimes without issuing an indictment according to Article 382 of the Criminal Procedure Code on one hand and the prohibition of preliminary investigations of girls aged 9 to 15 in the special juvenile court according to Article 285 of the Criminal Procedure Code on the other hand are ambiguous. This research, with a descriptive and analytical method, and by examining the different judicial comments and presenting various arguments in this field is explained these desired difference and concluded that the preliminary investigation of these crimes without issuing an indictment in the special criminal court for dealing with juvenile crimes is true

The purpose of the research is to understand whether the right to education along with other fundamental rights are fully provided by the school administrators or the implementation of one right is accompanied by the restriction of other rights. Because in addition to the right to education in schools, there are other rights that are equal to the right to education in terms of value and efficiency. The right to security, the right to marry, and the right to freedom of behavior are among these rights. At the point of implementation, these fundamental rights may disturb each other. Therefore, it is necessary to provide conditions so that the school administrators, as it should be, provide the students with all the fundamental rights. The research method is qualitative and library-based. At the end of the research, by analyzing the facts in schools, we will realize that although there may be a conflict between the rights in the implementation phase, this conflict is not insoluble. It is possible to establish an interaction between all of them without endangering some rights, and while explaining how to resolve this conflict, it is possible to help school administrators to establish a balance between these rights.

Committing a crime by legal persons can have many times more harmful effects than natural persons. The credit nature of legal persons and their distinction from natural persons from the point of view of various elements of criminal liability was considered an obstacle to assigning criminal liability to legal persons; But the need to maintain order and social cohesion made it inevitable to identify criminal liability for legal persons. To solve the problem of the obstacles of assigning criminal liability to legal persons, different legal systems, including the legal system of Iran, have adopted different solutions by accepting different theories. Based on this, with the descriptive-analytical method and using library resources, in the first part of the research, the analysis of the manifestation of theories of assigning criminal liability to legal persons, including theories of proxy, equality, responsibility of superiors and employers, collective, organizational culture and power and acceptance , has been discussed in the criminal law system of Iran and it is concluded that in the legal system of Iran, there are manifestations of the theories of equality, responsibility of superiors and employers, and organizational culture. Based on this, it becomes clear that although the acceptance of several theories according to the types of legal persons is not considered a defect; However, lack of coherence and lack of determination of specific theoretical bases for assigning criminal liability to legal persons will have adverse effects. One of the reasons for the inconsistency of Iran's criminal laws regarding the topic of discussion can be considered the development of twelvers jurists' opinions regarding the identification of juristic personality and the attribution of criminal liability to him. In the second part of the research, the analysis of the clear bases for assigning criminal liability to legal persons is done and it is concluded that the jurisprudence rules of preserving the system, no harm, the one who is satisfied with the work of a people is like the one who enters into them and the punishment for every forbidden act, are not only a fine for natural persons and the emergence of legal persons over time will also subject them to these rules.

The study of partial criminal responsibility in Islamic jurisprudence shows that sexual maturity and mental maturity overlap and have not been predicted. In this way, the indistinguishable Immature is considered irresponsible and the discerning minor may face discipline (rather than punishment in exceptional cases) and in a sense the adult is considered full criminal liability.A review of the statutes in Iranian law shows the legislator's attention before the victory of the Islamic Revolution in counting the issue of partial criminal responsibility for juvenile delinquency. But after the victory of the Islamic Revolution, following the religion, according to the criterion of "sexual maturity", partial criminal responsibility disappeared and again after the approval of the Islamic Penal Code passed in 1392, in line with social realities, psychology, medicine, the criterion underwent changes and developments and "sexual maturity" was taken as a legal sign of "intellectual maturity" which made it possible to prove the opposite. The present research has been written based on the analytical-descriptive (library) method regarding the study of these changes and especially the analysis of Article 91 of the mentioned law in this regard.

Committing a crime by legal persons can have many times more harmful effects than natural persons. The credit nature of legal persons and their distinction from natural persons from the point of view of various elements of criminal liability was considered an obstacle to assigning criminal liability to legal persons; But the need to maintain order and social cohesion made it inevitable to identify criminal liability for legal persons. To solve the problem of the obstacles of assigning criminal liability to legal persons, different legal systems, including the legal system of Iran, have adopted different solutions by accepting different theories. Based on this, with the descriptive-analytical method and using library resources, in the first part of the research, the analysis of the manifestation of theories of assigning criminal liability to legal persons, including theories of proxy, equality, responsibility of superiors and employers, collective, organizational culture and power and acceptance , has been discussed in the criminal law system of Iran and it is concluded that in the legal system of Iran, there are manifestations of the theories of equality, responsibility of superiors and employers, and organizational culture. Based on this, it becomes clear that although the acceptance of several theories according to the types of legal persons is not considered a defect; However, lack of coherence and lack of determination of specific theoretical bases for assigning criminal liability to legal persons will have adverse effects. One of the reasons for the inconsistency of Iran's criminal laws regarding the topic of discussion can be considered the development of twelvers jurists' opinions regarding the identification of juristic personality and the attribution of criminal liability to him. In the second part of the research, the analysis of the clear bases for assigning criminal liability to legal persons is done and it is concluded that the jurisprudence rules of preserving the system, no harm, the one who is satisfied with the work of a people is like the one who enters into them and the punishment for every forbidden act, are not only a fine for natural persons and the emergence of legal persons over time will also subject them to these rules.

The challenge of economic crimes is important today in several ways, on the one hand, the role of the economy in shaping criminal law, the role of criminal law in supporting the economy and economic activities, the role of government policy in creating or preventing economic crimes and in a broader view Economic corruption and the role of culture (customs, values, religion and ideology) governing the economic system. It is a multi-axis issue that introduces the systemic approach of institutionalists in the analysis of economic variables. A Heterodox approach with dissident teachings to define a development model that makes the prevention of disruptive economic behaviors (economic crimes) possible only by identifying the fundamental institutions of the economic system (including economics, law, politics, culture) in any modern society. Inductive and Systematic study method that with a pragmatic approach to economic facts instead of deductive, abstract and subjective studies, explains economic crimes in accordance with the economic and legal realities of society, which is a suitable version for comprehensive, rapid and consistent criminalization.With economic developments and in accordance with specific institutions, the economic system governs the social system.

The economic system is based on human historical and intellectual developments and is formed in the framework of daily material exchanges and in pursuit of individual or collective interests and has institutions, tools and basic requirements that are always evolving. The legal system is also defined as a regular network of institutions and tools that supports the economic system with a wide range of guidance, commercial, legal and criminal requirements and plays a role in the most coercive form of the basic requirements of the economic system with economic criminalization. The characteristic of dependence of the economic system and the legal system requires that economic criminalization should be considered by understanding the dynamic characteristic of the economic system and the economic realities of each country, the origin and criterion of legislation and the adoption of economic policies. This article seeks a new and unconventional approach to the criminalization of economic crimes, and due to the lack of research background, this article can be the beginning of research in this field. Based on this, in this research, using the descriptive-analytical method and in order to discover the answer to the question, "What is the position of the economic system of the Islamic Republic of Iran in the criminalization of economic crimes", first, the position and role of the economic system in criminalization economic and in the second part, the economic system of the Islamic Republic of Iran and its place in the criminalization of economic crimes are discussed. The results of the research indicate that the support of advanced economy is advanced criminal law, and the support of the national economic system will be advanced criminal law and in line with it; Therefore, the evolution of criminal law simultaneously and in harmony with the evolution of the economic system and the identification of the specific values ​​and structure of the economic system of the Islamic Republic of Iran is assumed as a basic and modern principle for criminalization in the economic field.

Despite of the prevalence of Covid-19 in the country, due to itsemergence, power and high speed of transmission of the virus, there are notenough grounds for a standard response to it in the country, as well as themost countries of the world. Prior to the prevalence of the virus, although theprevalence of infectious diseases has occurred in the country before, theattitude of the Iranian legal system towards infectious diseases has been atransient event. Accordingly, the liability of the transmitters of the Covid-19is not fully enforceable under the specific criminal law and criminal liabilityfor the transmission of the virus must be pursued under the generalities ofcriminal law. However, the existence of a special law on the prevention ofsexually and infectious diseases could be promising for the existence ofspecial regulations in this area; However, the antiquity of the law and thelack of updates for it, prevent its effective application. Therefore, this articletries to analyze the criminal responsibility of the transmitters of Covid-19under the criminal headings in the criminal law and to explain the conditionsof compliance of the perpetrator's behavior with each of them. In this regard,it will be suggested that in view of the difficulties of proving the causation inoccurrence of existing criminal titles, the provision of a special legal systemto prevent the spread of the virus and other infectious diseases should beconsidered by the legislature.

Islamic law has moved towards combating the phenomenon of crime and preventing the occurrence of crime by using the two components of punishment and correction, treatment and rehabilitation and combining these two components with each other. In Islamic law, inspired by the Qur'anic teachings and based on the inspiring teachings of this holy book, it seems that the component of correction, treatment and rehabilitation is preferred to the component of punishment, and Islamic law, as the creator of many new criminal and criminological policies, The title of the last way to fight crime (if the offender is not corrected) has been used and it can be said that Islamic teachings are in accordance with scientific standards due to their firmness on pure human nature. In addition, Islamic law based on Quranic teachings is the first law that pays attention to the personality of the accused and in fact the creator of Islamic law and the founder of criminology, ie the science of attention to the personality of the convict and long before the emergence of the school of research. Therefore, the first sparks of attention to the personality of the accused can be seen in Islamic law. For this reason, Islamic law is the creator of the school of criminology.

The concept of ecocide was developed in response to the ecological war of the Vietnam through a legal simulation by Galston. In Galston's view, just as the destruction of human groups is a crime against humanity and has been criminalized as "genocide," the destruction of ecosystem(s) is a crime against humanity and must be criminalized as "ecocide" in a treaty. However, the international community has so far failed to implement Galston's idea and criminalize ecocide as an international crime. Using a descriptive-analytical approach and library resources, this research examines the process of developing this concept as well as its essence in Galston's legal perspective and to evaluate it. It aims to familiarize the legal community with the theory of ecocide crime, to provide a ground for ecocide criminalization at the four levels of local, national, regional, and international, as well as for the emergence of an universal criminal policy to protect the Earth against severe, widespread, or long-term ecological damages. 

Ecocide is a new concept in the fields of criminal law and international criminal law. This concept refers to the cause of severe, widespread or long-term ecological harm to the environment and ecosystems. The idea of ​​criminalization of ecocide as an international crime was raised in the 1970s for the first time. However, this green legal idea did not become an international criminal norm. This research seeks to study why and how this concept was born in the history of international criminal law. 

The current research was conducted in the field of the history of ecocide law. To this end, it was necessary that researchers return to the past and begin their historical studies in this field. The authors used a descriptive-analytical approach and library resources to study the process of invention of the concept of ecocide as well as its essence in Galston's legal thought, and to critique and evaluate this green legal idea from a legal point of view.

The concept of "ecocide" was coined in response to the ecological Vietnam War and through a legal analogy by Arthur William Galston, who likened the destruction of Vietnam’s environment by the US military to the Holocaust (the systematic massacre of Jews and minorities by Nazi Germany) during World War II. The difference between the two catastrophes is that in Nazi Germany, only the human society and the human ecosystem were attacked and a "human holocaust" took place, while in Vietnam, the natural society and plant and animal ecosystems were also destroyed. In other words, in addition to a "human holocaust," a parallel "ecological holocaust" occurred in Vietnam, which deserved criminalization. To this end, Galston used the same legal formula of Raphael Lemkin (who coined the term genocide), and introduced the new concept of "ecocide" from the combination of the Greek word "oikos" meaning ‘home, nature, and ecosystem’, and the Latin word "caedere" meaning ‘to kill, to cut down, and  to destroy’ to criminalize these destructive events. According to Galston's legal thought, just as the extermination of human groups is a crime against humanity and criminalized as "genocide" under international law, the destruction of natural ecosystem(s) is a crime against humanity and must be criminalized under "ecocide" by the United Nations in the form of a new international treaty. This is Galston's green legal legacy.The legal idea of international criminalization of ecocide failed at the time, but after fifty years, the result of Galston's critical and green legal thought can be clearly observed in the legal definition of ecocide given by the "Independent Expert Panel for the Legal Definition of Ecocide" on June 22, 2021, which provided a new and ecological definition of this crime for criminalization as the Fifth International Crime and included in the Statute of the International Criminal Court (1998); This definition marks the paradigm shift in the sphere of international criminal law and the transition from a Anthropocentric to an eco-centric perspective. According to this definition:"Article 8 ter: Ecocide For the purpose of this Statute, “ecocide” means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts. For the purpose of paragraph 1: “Wanton” means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated; “Severe” means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources; “Widespread” means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings; “Long-term” means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time; “Environment” means the earth, its biosphere, cryosphere, lithosphere, hydrosphere and atmosphere, as well as outer space."

From a legal point of view, it can be argued that although Galston's legal idea is the first green step in the international criminalization of ecocide, the content of this innovative notion is not very clear, rich, comprehensive, and effective, and it cannot meet current legal needs of human societies and properly protect the planet Earth. The reason for this can be attributed to the recent emergence of this concept, Galston's lack of legal expertise, as well as the recent emergence of the two disciplines of international criminal law and international environmental law at that time. Nevertheless, the ecocide legal theory should still be considered Galston's legal legacy. Although he could not, unlike Raphael Lemkin, develop his legal idea and formulate a coherent legal theory of ecocide for its international criminalization, by inventing the concept of ecocide and proposing the idea of its international criminalization, he laid the first foundation of this green legal theory. Today and at the beginning of the third wave of criminalization of ecocide at the local, national, regional, and international levels, it can also be argued that Galston's legal thought has made its impact on the contemporary international criminal law. In fact, such a transformation in green vision in the sphere of international criminal law is the result of Galston green's legal thought and is, in fact, his "legal legacy." It was Galston who paved the way for this "green philosophical-ethical transition" in the international criminal law and ecocide criminalization alongside "genocide" and the recognition of "crimes against the environment" alongside "crimes against humanity." Now that the renaissance of the ecocide legal theory has begun, the international community in general and ecocide experts and researchers in particular can take positive steps by relying on each of Galston's four legacies to guarantee the right to a good environment and development of a coherent and effective criminal policy against ecocide in four local, national, regional, and international levels to protect the planet from severe, widespread, or long-term ecological harms. 

Different communities with various methods of control of terrorist crimes seek to reduce the rates of crimes in order to provide security and maintain sovereignty. However, the growing of terrorist crimes and the inefficiency of the criminal justice system of different countries in this field indicates that it must be used to face this phenomenon. One of the most important preventive mechanisms in the field of terrorist crimes is social prevention, which is critical to various tools in the effort to prevent entry into terrorist activities or taking out people from the crime cycle, however, the way to implement these mechanisms is critical because these long - term measures should eventually lead to loss of crime or sustainable reduction. The prevailing belief in the perpetrators of terrorist crimes is that a terrorist is always terrorists, and for this reason, the only way to eliminate them from the cycle of crime is physical punishment such as execution or permanent imprisonment. However, the findings of cognitive studies show that the probability of success of social prevention programs on individuals is exposed to the risk of delinquency or stopping the delinquency among terrorist groups.