فهرست مطالب gholamhossein elham

The range of damage caused by environmental crime due to armed conflicts is so wide that it cannot be compared with environmental destruction due to development and industrial approaches or green crime. The environment of Palestine and especially Gaza has not been spared from this historical event and has always faced serious challenges by the Zionist regime in the past decades. The widespread environmental damage caused by the air and ground attacks of the Zionist regime on Gaza in 2023 raises the question of whether it can be considered a war crime in the light of international law. In response, it should be stated that although until now no documentary report of environmental events and crimes has been published due to the restrictive measures of the Zionist regime in the entry of international observers to Gaza, but what can be seen in the news is that some of the behaviors of the Zionist army, such as the destruction of safe drinking water sources, starving the environment of citizens and the use of white phosphorus, can be considered examples of war crimes. Therefore, in responding to the environmental war crimes of the Zionist regime, can use tools such as the entry of the prosecutor of the International Criminal Court into the crimes committed in Palestine, which has accepted the statute of the court; Environmental activism in the International Court of Justice, which has an approach to protect the environment in armed conflicts, and the use of the capacity of the principle of universal jurisdiction by countries to punish the perpetrators and commanders of environmental war crimes.

According to article 570 of the Islamic Penal Code, the actions of officials and officials affiliated with government agencies that lead to the deprivation of personal liberty of individuals and violations of constitutional rights can be the basis for guaranteeing criminal executions such as dismissal and imprisonment. This paper, while analyzing the above-mentioned article, explicitly raises the important question that, assuming that government officials and officials take illegal actions based on a provision contrary to the law, can judges of the courts invoke the authority provided for in article 170? Should the Constitution apply the performance guarantee specified in article 570 of the Penal Code? In the present paper, by studying cases of judicial procedure of courts and using a descriptive-analytical method, it has been concluded that the authority obtained from article 170 of the Constitution has no necessity other than non-implementation of illegal provisions by judges and in such cases the inherent jurisdiction of the Administrative Court of Justice in articles 170 and 173 of the Constitution and by using capacities such as issuing warrants for reviewing the legal aspect of the protested regulation is referred to the Administrative Court of Justice and based on the Court's decision in the above regulation, a decision is made in the criminal case.

Determining the criminal reaction to the crime is the most important stages of the criminal procedure. In such a way that the improper performance of the criminal justice system at this stage not only causes waste of money, but also provides the basis for public distrust towards the legitimacy of the judicial system and fails the judicial system in achieving its goals. Considering the wide scope of Ta'ziri compared to other punishments, paying attention to the regulation finds a special place. Criminal regulation is the movement from mere punitive responses in response to crimes, to regulating the problem in each case; In such a way the type of punishment depends on the type of crime, the character of the criminal and his readiness to accept his guilt and responsibility for damages caused by his crime, the presence or absence of the victim and attention to his requests if any, the amount of damage that occurs as a result The crime has entered the public order and other characteristics related to the criminal phenomenon can be changed. The history of punishment in Iran's procedure indicates that due to the lack of use of the concept of regulate In the creation of limitations for the judge in this regard, there is no specific model regarding the process of determining the appropriate punishment. the evaluation criteria are not detailed. In this study, while analyzing the concept of regulation, the feasibility of its application with Sharia principles such as the rule of al-Tazir with the guidance of al-Hakim, the rule of permission in the object, etc., in order to implement it in the criminal system and finally predict the independent center of punishment regulation

The Pahlavi era is the era of the establishment of criminal modernism.The Pahlavi government in this period accepted the validity of the Shari'a rulings to a minimum, but what is evident is that the government, after consolidating the foundations of its power, removed the validity of the Shari'a rulings from the text of the criminal law. The discourse of "criminal modernism" in this era, by rejecting the discourse axes of "sharia punishment", seeks to strengthen its foothold in the context of the developments of punishment in this period. The introduction of modern philosophical teachings and criminal law, the impact of new achievements in criminology and the legal system of France and the role of the "royal punishment" discourse in establishing the power and foundations of the Pahlavi government can be the most important factors influencing the evolution of punishment.The questions raised about the punishments of this age are, firstly, what discourses have been present in the context of the developments of punishment in this age, and secondly, what have been the effective factors and the role of these factors in the power of these discourses.The main issue of the research is to explain the role and effect of the present discourses in the context of the developments of punishment in the Pahlavi era. The researchers use Practical Discourse Analysis Method

Problem-solving research seeks to identify questions and problems that can be proposed and examined pertaining to an organizational issue or social event. This article as problem-solving research seeks to discern and identify legal questions and issues related to the unrest of 1401 in Iran. Identification and definition of these issues and questions provides a favorable ground for legal researchers to deal with the legal aspects of the 1401 unrest in Iran in the form of articles, theses, academic chairs, and even academic treatises. In addition, the results of this research can be useful for policymakers, planners, and legislators. The problem-solving nature of this research led to the writing of this article with the participation of 80 Iranian legal and judicial experts, of which 56 of them agreed to include their names as Co-author, and in this way, the indicator of the "number of authors" involved in the writing of a single article has also set a new record. The tools and methods of data collection in this research were library and case study methods, and the analysis of said data was carried out by the "content analysis" method. In this research, hundreds of questions or legal issues have been identified that can directly be used as subjects for research.

Psychological pressure in committing criminal acts and in punitive reactions towards delinquent children and teenagers, who themselves are silent victims of unstable living conditions, poses a significant challenge that requires deep reflection and urgency in addressing it, given the current social situation. This matter needs a novel interdisciplinary study, which this article aims to do, to achieve equal and vast judicial justice.

This article employs a descriptive-analytical approach and gathers data through library research, relying on the opinions of relevant experts and scholars. The results are presented in the form of diagrams. Therefore, this research has been conducted using a combined method, incorporating both quantitative and qualitative (Likert scale) research foundations.

Ethical Considerations:

 Throughout the process of writing this research, ethical considerations of library research, including authenticity, text integrity, honesty, and trustworthiness, have been observed.

One of the most significant findings of this study is presenting the "fundamental role of psychological pressure factors in most delinquent actions of children and teenagers, who violate criminal laws". This was achieved through a systematic analysis of the factors that contribute to psychological pressure, the analysis of reactions, and the explanation of coping strategies using qualitative research. According to 82% of legal experts and specialists, "psychological pressure on children and teenagers has a more significant impact on their involvement in criminal activities than their bad upbringing".

The need to consider the extensive dimensions of psychological pressure on children and teenagers, who violate criminal laws, in the commission of criminal acts, demands the adoption of preventive measures that are appropriate to the current time and place in Iran’s criminal policy. Furthermore, the aspect of psychological pressure in certain legal punitive reactions towards children and teenagers, who violate criminal laws, and the inadequacy of their correction and upbringing within the framework of Islamic educational principles and international documents, in some cases show a significant distance between the current situation and the desired state.

While imprisonment (Habs) is the most common criminal response in the criminal law system of the Islamic Republic, its recognition and legitimacy remain contested since the victory of the Islamic Revolution. The authority of imprisonment (Habs) as ta'zir and its limits has been debated by Imami scholars. This is a point of view and is open to review. The first mission of this article is to analyze the opinions of jurists regarding the legitimacy and limits of the application of this punishment. A selected view on the illegitimacy of the prison sentence (Habs) was selected after presenting this subject. As a result of proving this assertion, a new theory will dominate the penal system in the country, and that theory is that punishments should be minimally incarcerated. According to this theory, the legislator should determine this punishment in a confined manner and in cases of necessity. It is not possible to extend it to a wide range of crimes. In this article, the argumentative approach will be to discuss both the lexical meaning of the word imprisonment (Habs) and the Qur'anic meaning - as well as to examine the central emphasis of fundamentalism in the interpretation of texts and the philosophy of punishment legislation. Developments in the criminal law of the Islamic Republic in the field of the use of prison sentences have also been discussed in the present study.

A summary or non-indictable process in the UK legal system has been adopted to speed up the criminal procedure of petty offences in magistrate courts. In this type of proceeding, which involves close to 95% of the proceedings procedures, such as the jury, are removed and the process is handled by lay mans without salary. All of these crimes are handled by the magistrate court. In United Kingdom, non-indictable process include summary offenses and either way offences in the context of proceedings by magistrate court. These crimes are petty crimes and sever crimes are handled by the jury in crown courtThere are some examples of no-indictable in Iran's law. These include seventh and eightth degree offenses, chastity offenses, juvenile offenses, prosecution by the court, offenses committed by the president, some crimes committed by clerics, paying diyah in specific cases, handling certain crimes within the jurisdiction of the district court, Dispute Resolution Council and Government Organization.A summary or non-indictable process in the UK legal system has been adopted to speed up the criminal procedure of petty offences in magistrate courts. In this type of proceeding, which involves close to 95% of the proceedings procedures, such as the jury, are removed and the process is handled by lay mans without salary. All of these crimes are handled by the magistrate court. In United Kingdom, non-indictable process include summary offenses and either way offences in the context of proceedings by magistrate court. These crimes are petty crimes and sever crimes are handled by the jury in crown courtThere are some examples of no

In the initiation of "Mashruteh Revolution" ,legislators sought to adopt European criminal law and adopt the jurisprudence's view that criminal law was incompatible with jurisprudence. The question about punishments of this era, such as Conte's law, is what discourses were present in the context of the punishments of this era and which discourses dominated the discourse. The main issue of the research is to explain the role and impact of the present discourses in the context of penal developments in Conte's law. This paper deals with the discourse analysis of punishment in Conte's legal booklet using PDAM's qualitative discourse analysis method. The findings of the researcher in this article indicate the presence of three discourses of "criminal modernism", "royal criminal tradition" and "religious criminal tradition" in the context of Conte's criminal booklet developments; The influence of the traditional royal and royal discourse and the cynicism of equality and greed has been sterile. The main components of these three discourses are that the key components of the discourse of "criminal modernism" are rehabilitation and criminal utilitarianism; Is criminal ethics, and the main components of the discourse of the "royal criminal tradition" are the inequality of individuals with regard to the punishment.

Cumulation shall be ideal when a person commits an action that contains elements of several crimes. Contrary to the substantive rules of ideal cumulation of crimes in the Islamic Penal Code, there is no specific provision in the Code of Criminal Procedure and there is a legal gap in this regard. Therefore, there are some ambiguities in the different stages of pre-trial and trial proceedings of such crimes, including the initiation of criminal prosecution, the arraignment, the issuance of criminal warrants, the jurisdiction of criminal courts and so on. In this study, using a descriptive-analytical method, we pointed out the ambiguities in the criminal proceedings of ideal cumulation of crimes and attempted to disambiguate them with a look to the Islamic jurisprudence and legal rules. We concluded that, due to the fact that judgments are based on criminal titles not acts, therefore, the criterion in the proceedings should be criminal titles. This approach will be elaborated in Qisas, Hadd and Ta’ziri crimes in the present study.

One of the basic principles of modern criminal law is non-retroactivity of substantive laws. This principle is also one of the accepted principles of the criminal law of the Islamic Republic of Iran. However, some exceptions have been made؛ one of these is the sharia laws that always have retroactive effect. But apart from the Shari'a law, there are many substantive criminal judgments based on the fatwa of the jurists, which are based on Ijtihad reasons and they are not based on consensus and often controversial. In these cases, the legislator's approach is to adopt one of the fataw which is considered as an apparent religious judgment. Sometimes this fatawa changes due to pathology and time requirements at the stages of law reform. In this research, the approach of the Islamic punishment legislator and Imamiyah jurisprudents to the exclusion of criminal law based on the Islamic jurisprudence of ijtihadi from the principle of non-retroactivity.

Those who are in the science world are always thinking of establishing an intellectual system. The intellectual system of Jafari Langarudi is founded based on his more than 80-year experience in research, writing, judgment, and teaching law at the university. He is one of the academic and legal characters trying to redesign and reconstruct the legal system of Iran. He began from monotheism lecture and reached the philosophical principles of law writing more than 50 scientific works. When he was abroad, his age and distance from academic tasks could not stop him from publishing works related to the “philosophy of Islam culture” and “survival secret of Iran”. Professor Jafari Langarudi tried to complete the legal system of Iran by publishing about 100 scientific books. He designed a legal system in which some concepts and components including “rationality”, “looking o the future”, “comprehensiveness”, “justice-seeking”, and “legal ijtihad” are highly interconnected.

Discretion is one of the concepts which has been prominent as a result of arriving empirical studies into criminal justice. Discretion is a set of powers that authorities on criminal justice utilize them in order to perform their duties. Such phenomenon often occurs because of legal shortcomings or legislative vagueness and sometimes through crossing the law borders despite its existense. Discretion is available in different phases of criminal process, ranging from the police entrance to implementaion of court orders. One of the issues that the criminal procedure act of 1392 only has been asserted its basic principles and judges have a relative discretion towards them is Criminal Warrants exept in detection. Although discretion is a neutral concept, it can bring about various positive and negative consequences for ciminal justice agencies. Drawing on qualitative method and deep interviews with a group of judges, this paper tries to study the concept of discretion. The finding in this paper is that judges actively use this discretion, which has lead to various, and sometimes conflicting, warrants and bails for the same crimes, which in turn can cause disorder and prevent justice from perfoming for the same charges. Amending the legislations, considering the discretion in the process of training the judges, and improving the regulatory mechanisms are considered as the possible ways for managing the discretion.

It may be possible to achieve consensus among the current situation about the effects, results, and risks related to the generation of costly and carries the society with the aim of increasing the population; Accordingly legislator remedial action is not effective and has tried some laws restricting family planning and population somewhat modified. The author tries to Explaining some Islamic legislative policies influencing the increase in human population that includes support even before gestation ,to promote the legal protection of population growth provided and especially the rights of his wife, "the mother" despite the opposition of family law department of the plan.

In each country, there is an institution or institutions set up for legislation. Considering the type of system of the Islamic Republic of Iran and its various objectives, there are different legislative institutions which have the right of legislation within different legal limits. Among these institutions are the Expediency Council, the Assembly of Experts, the Supreme National Security Council, the supreme councils and the Supreme Leader. But, the main, essential and primary task of legislation regarding most subjects is undertaken by the parliament. Taking into account the duties and responsibilities of these institutions, they have the right to legislate regarding certain issues determined by the constitution. The main difference between these institutions and the legislative power is in the main duty of legislation. Therefore, in some of these institutions actions are rarely taken on legislation. Among the effects which the legislation of these institutions bring to the system of administrative law is the necessity of observing the rules ratified by administrative authorities.

Initiative of act as a preliminary step of drafting proposals in legislatures is applied in different ways, according to the type of political regime (presidential or parliamentary). Such jurisdiction in the constitution of Iran is predicted for the cabinet and the supreme council of provinces and parliament representatives under the principles 74 and 102. However about the judicial bills determinated in the clause 2 of the principle 158 in which their drafting is in the jurisdiction of the head of the judiciary, there has always been this question whether these bills are as an independent initiative of act against the legislative bills specified in principle 74 of the constitution, or legislative bills are as the origins of the judicial bills and does not necessarily require the cabinet for approval. The guardian council's view based on the inconsistency of the act of joining a note to article 3 of the duties and powers of the head of the judiciary caused the head of the judiciary to be able to directly send the judicial bills to Majles after passing the legal deadlines.However granting such competencies to the head of the judiciary, besides being inconsistent with the principles 74 and 98 of the constitution based on the necessity to exploit the interpretation of the constitution so as to eliminate this ambiguity, causes the loss of focus on the state budget affairs and possibly entails the reduction of the public income or the increase of public expenditure, and on the other side, it will ruin the cooperation between the judicial bills and administrative matters.

Police officers sometimes resorts to the sting operations to detect a crime. American criminal law allows to use this sort of operation. In Iranian criminal law, Islamic and legalprinciple forbid such an operation.However, under the light of Tazahom principle, in serious crimes like diffusion of drug according to the rule of The Most Important which is provided in penal code (Article 158, section B), police officersresort sting operation. These sort of measures, sometimes lead to commit a crime by a citizen instead of arresting a professional criminal and entrapment comes to existence. To achieve the entrapment, incitement must be done by the police officers and it must be done in the way that might be able to influence any common citizens.

Amre- be- Maroof and Nahie- Az- Monkar is one of the basic foundations in relation to construction of religious values and thus it has always had a superior position in the arguments of Motekallemin and Foghaha. Its importance in the pyramid of Islamic beliefs and thoughts is such that it is said any disrespect to this foundation will amount to detention of all the rules and regulations, values, safety and the proper social system. The constitution of Islamic Republic of Iran has provided this institution as a public mutual duty owed by the government and the nation in the public law system of the state. Determination of the details of these relationships is subject to a statute which is not yet enacted. Generally it is said that thisfoundation can act as a particular statute for a generous intervention in the people’s affairs. Whilst, the capacity of this foundation is much more than a particular statute, since it is per se a system-making foundation and can constitute several cultural, political and social foundations. Also in reliance to its organizing and system-making capacity it can construct social foundations and thus terminate into the basis and foundation of the several above foundations. We can protect the society on the basis of justice and true human dignity from several problems including: crimes and offenses and it can even be used to negate and eliminate some unnecessary criminal foundations.

Imam Khomeini considers the Islamic system as a divine gift in present era. He takes into consideration the preserving and protecting of this system as an obligatory religious and tangible divine order that has priority over all other religious orders, believing that importance of Islamic system has superiority over life of individual humans even if he be the Imam Zaman (12th Shiite Imam). For this reason, believing in Almighty God’s sovereignty, principles and pillars of religion and divine orders is realized in construction of system, and Islamic government. It means that all affairs are based, depend and relied on religion and final end is to promotie and consolidate the religion in the society. In fact, legislative and executive systems within Islamic government are based on Islamic worldview and thought. Having explained and analyzed the necessity of preserving Islamic system from Imam Khomeini’s point of view. Authors believe that there is no difference between Islam and Islamic government. In other words, Islamic government is inalienable part of Islam.