mahdi chegeni

Sexual crimes have been among the crimes against chastity and morals, which have been criminalized by the legislator of the Islamic Penal Code, and according to that, appropriate punishments have been considered for the occurrence of this crime. Sexual crimes are one of the challenges in today's societies that must be examined from different aspects in order to obtain comprehensive and complete results. Victims of sexual crimes are part of vulnerable groups due to their special characteristics, and since committing sexual crimes plays a very important role in the family and society, these victims will endure severe consequences that make them need support in order not to become secondary victims. makes a special Prevention methods by judicial authorities, including bailiffs, are comprehensive and comprehensive. Therefore, in this article, let's examine the characteristics of legislation and the role of judicial procedure in reforming criminal prevention methods in sexual crimes and evaluate the issues related to it.

White marriage is an emerging phenomenon in Iranian society that is rooted in Western culture and lifestyle and is not compatible with a variety of traditional and common methods of marriage in the country. Cultural and social developments and a lack of attention to the emotional and spiritual needs of individuals in the course of livelihood. The spread of media and communication has formed a kind of values ​​among individuals that, like Westerners, has shaped different life styles.In this research, with a descriptive-analytical method, we have studied this expanding phenomenon from the perspective of Islamic criminal policy. Marriage, on the other hand, and the relationship between marriage and public order, which are mentioned in various principles of the constitution and some other laws, do not prioritize criminal solutions to counter and prevent the spread of white marriage, and instead use cultural and social tools. And lifestyle modification, especially the situation of forming and providing families, is recommended.

Harassment is one of the important crimes that the way the legislator deals with it is of great importance because it is directly related to the social and psychological security of the society. The comparative study of the legislator's approach towards these crimes is effective in creating a clearer idea of the legislative criminal policy in this regard. The purpose of this article is to examine the question of what is the legal criminal policy related to criminal acts based on sexual relations in the laws of Iran and Canada? The present article is descriptive and analytical and the mentioned question has been investigated using the library method. The findings of the article indicate that the scope of criminalization of sexual crimes in Iranian law is wider than Canadian law. In addition, the punishment for hansi crimes in Iranian criminal law is more severe than in Canadian law. In Canadian criminal law, illicit relations are criminalized under the title of sexual assault only when there is no consent between the parties. Also, having sexual relations with children despite the child's consent is considered a crime. Iran's criminal laws pay great attention to religious sanctities and social ethics regarding crimes against human dignity and honor, including in the field of sexual acts and violation of public modesty.

Sport as an important factor plays an effective role in today's developing society and its continuity is effective in promoting the material and spiritual cultural level of society and ensures the physical and mental health of society. . Islam also emphasizes the importance of sports and there are verses that somehow indicate the importance of sports and strengthening the body along with strengthening the soul and psyche. But at the same time, the nature of some sports is violent and causes harm to others. Based on this, the question is what is the issue of Islam and the Iranian penal system regarding sports violence? And what can be done to prevent it?

This article has been written analytically-descriptively.

The basics of sports violence are based on human instinct theory, social learning theory, failure theory, internal energy discharge theory and functionalism theory and sports fields are one of the most prominent social scenes where behavioral violence can be observed.

Sports violence is not accepted by Islam and the Iranian penal system and has been punished with certain conditions. Among the methods of preventing sports violence are criminal and non-criminal prevention.

The term "Ja'efeh" (an injury that the instrument such as knife is inserted into inside the body and it is equal to one-third of diya) is used for one of the injuries in criminal jurisprudence. According to Article 711 of the same law, the Islamic Penal Code has defined and stated the rulings of Ja'efeh injury. The last part of the article is as follows: "If the instrument enters from one side and exits from the other, it will be considered as two ja'efeh injuries." As can be seen from the explicit text of the article, whenever the instrument enters the abdomen on one side and gets out of the abdomen from the other side, as if it enters the abdomen and exits the waist, then two diya of ja'efeh will be required. This view of the legislator is based on one of the three views in criminal jurisprudence. The other two views are as follows: Some believe that in the mentioned injury, the diya will be a ja'efeh along with an arsh (compensation for injury) and another group of jurists believes that the aforementioned injury is not ja'efeh but a special injury with a diya of 433 dinars and a third of a dinar. The present paper criticizes and examines the existing arguments based on a descriptive-analytical method and seeks to prove the view that the diya for the injury is 433 dinars and one third of the dinars.

In the last few decades, when and where have come together and have Worded a Term, called globalization. This social term led to widespread and radical changes in the social and revolutionary system of the humanities and social sciences. Criminal law, too, was not without its effects and led to complex and dangerous crimes. One of the most important of these crimes is money laundering. Also, globalization has transformed the traditional rules of criminal law. One of the important issues of formal criminal law is the proof of the lawsuit. The process of filing a lawsuit for money laundering is one of the important issues that must be addressed in the context of criminal justice globalization developments.The present article analyzes the impact of globalization on three major cited reasons for money laundering by analyzing the descriptive-analytical method and examines Iran's legislative developments. Finally, in light of these developments in the field of political-international economics, criminal policymakers need to shift away from traditional theories of proof to the evidence and, with global experience, be inclined to accept new positive reasons to prosecute these crimes.

This descriptive-analytical study, while analyzing the insulting against the national flag and symbols in different countries, in the crime of insulting the national flag and symbols, some principles of criminalization that can be considered criminal offenses of violating identity and national unity Has been analyzed. With regard to the emphasis on strengthening solidarity, unity and national identity in the context of the overall vision and policy of the system in the area of ​​national unity and solidarity, on the one hand, and paying attention to the elegance on the border between criticism and insult, committing degrading behavior to a national flag or anthem. Could lead to a national breakdown and undermine national identity and self-confidence, extremism, hatred and violence. It is also a violation of the national identity and the individual of that community, and it can lead to the emergence of many other criminal and violent behaviors, the flare of separatist movements, the disruption of national unity, and the affiliation of the nation. At the end of the sentence, the offense of insulting the national flag and anthem has been linked to the specification of criminal behavior.

Traditionally, one of the distinguishing features of termination and annulment of a contract is considered to be that annulment makes the contract ineffective from the beginning, and termination has no effect on the past and makes the contract ineffective for the future; but the problem is that in Imamiyyah jurisprudence and current law, the issue of the ineffectiveness of the contract is a rule compared to the past and can be cited in many cases or not? And if there is such a rule, what are the exceptions to that rule? The present jurisprudential and legal article shows that contrary to the law of countries such as France and Egypt, in which termination has a regressive effect, in our legal system, as a rule, it can be said that the termination term refers to the future and is ineffectual to the previous contracts; however, this rule, like many other rules, is not immune from particularization, and in many cases, such as subordinate contracts, secondary contracts, some businessmen transactions after the conclusion of the composition contract, as well as transactions following the conditional (optional) sale, the termination of the main contract compared to contracts which concluded after the main contract and before termination have an effect and, as the case may be, cause the dissolution, invalidity or annulment of the mentioned contracts.

In the legislator's point of view, compensation for physical damages is very important in a way that it has led to the creation of alternative compensation systems for physical damages so that the government itself shall compensate for such damages in cases where such damages are not paid by the offender or the insurer for any reason. In Iranian law, "Treasury" and "Physical damages compensation fund" are established as alternative compensation systems for physical damages, and in England, "Criminal injuries compensation authority" and "Motor insurers bureau" are responsible for this task with some differences. In Iran and England, alternative compensation systems for physical damages are comparable in regarding to the conditions and items for compensation, and in this article, these issues are examined comparatively through a descriptive-analytic method. As regards the conditions for compensation, in English law for compensating physical damages by alternative systems of compensation several conditions are predicted some of which are considered as the conditions for compensation in Iranian law; but most of these conditions are not conditions for compensation in law of Iran. Therefore, it is observed that the approach of Iranian law is an easier one for compensation of physical damages. In Iranian law, for determination of the responsibility of "treasury" in cases such as manslaughter or error of judges, mainly the attention is paid to the origin of the damage. In a similar vein, in cases where the "Physical damages compensation fund" is responsible for compensation of damages caused by traffic incidents, mostly this approach is followed. But English law, instead of considering the origin of damages, the attention is paid to the conditions and circumstances of the events.

Crime prevention is one of the most important priorities of governments today because crime, in any form and at any level, disrupts social order and reduces the quality of healthy living. Any policy, strategy, program, and activity in the field of crime prevention must conform to divine standards. Observance of the principle of balance and fairness, which is interpreted as law and norm in criminal law and criminology, is one of the restrictions that do not allow any kind of behavior to those in charge of the criminal justice system under the pretext of crime prevention. The first criterion oversees matters such as citizens' privacy. The second criterion is about the full adherence of preventive policy makers to the current laws and regulations of the country. According to these two criteria, crime prevention does not violate the privacy of citizens and requires everyone to abide by the law. In the Islamic approach, both components are emphasized and a lot of narrative and rational evidence can be provided to prove this issue.

This research has been conducted using descriptive-analytical method. The documents used are various types of Islamic texts, including books and articles, verses and narrations, criminology and legal books related to the subject of research. In this research, all the documents mentioned in Islamic texts and related to the subject have been collected and used in line with the objectives of the research.

Crime prevention is necessary and vital, but some divine and human norms and rules limit crime prevention strategies and programs. The criminal justice system should not move in a direction that ignores important and non-human norms in the name of crime prevention, and the desired goal of reducing crime should not be achieved by any means. One of the main constraints of crime prevention is the observance of legal and moral standards.

According to Islamic law, swearing to God Almighty, is one of the ways to prove or abstain a claim. One of the issues raised and discussed in relation to the oath of office is the oath of the non-Muslim person, expressed in terms of swearing by non-Muslims, and the way it should be done. The present study investigated the Qur’anic principles and the validity of non-Muslim judicial sworn judgments in Imami and Sunni jurisprudence. In Imami and Sunni jurisprudence, according to the common narration, the oath of office of non-Muslims is absolutely accepted. However, by examining the Qur’anic and narrative arguments, it is necessary to take this issue into account in a more detailed way. Therefore, swearing of Ahl al-Kitab (People of the Book), swearing of Non-Muslims other than Ahl al-Kitab for defending themselves (as the accused), and swearing of Non-Muslims other than Ahl al-Kitab who believe in God (as the claimant) are accepted. However, swearing of Non-Muslims other than Ahl al-Kitab, who do not believe in God, as the claimant must not be accepted. Also, according to the majority of Imami jurisprudents and the consensus of Sunni jurisprudents, the oath of the infidels (Ahl al-Kitab or other than Ahl al-Kitab) must only be taken to Allah the Almighty or His specific names. And finally, most of Imami jurisprudents and majority of Sunni jurisprudents believe that infidels are not obliged to confirm the sacred oath.

Although the development of cyberspace like other human achievements has undeniable benefits, it creates many problems which have been criminalized as "computer crimes" in most countries. One of these misuses which interferes the public and economic orders is Internet (online) betting which is being widespread all over the World in various forms, whether independent or dependent on another issue such as sport competitions. In some countries, this behavior is criminalized as "online gambling" while according to the Islamic Penal Code, only traditional and physical procedures such as "gambling" as well as "purchase, sale, custody, production and distribution of gambling tools" also providing services in casinos have been criminalized as well as sentenced punishments. But with respect to the current circumstances as well as due to the widespread of Internet (online) betting, whether in the field of physical or computer games as well as the establishment of virtual casinos, it is necessary to examine the nature, conditions and legitimacy of these behaviors from the perspective of criminal laws and legislations. Results indicate that existing laws and regulations such as 705 – 711 Articles of the Islamic Penal Code cannot be generalized to online gambling. Hence, it seems that the codification of some absolute laws in this regard should be put in to the agenda.

The prevalence of dust in some parts of the world, injuries, diseases and deaths of humans and animal species due to it has become transnational, so much so that the disruption in human life has led to the study of this phenomenon from different biological, geographical perspectives, It has become hygienic and medical. This article deals with the phenomenon of fine dust from the perspective of criminal law, relying on the role of governments in dealing with the resulting damage in a descriptive-analytical manner, and this issue has been considered as an international issue based on their criminal responsibility. The exercise of international responsibility is possible when a rule of international law has been violated; therefore, it is necessary that an illegal act be carried out at the international level. The research findings show that a distinction must be made between the action resulting from the exercise of state sovereignty and the exercise of its tenure, such as between the damage (whether human or financial) caused by particulate matter and the behavior of the state (including actual abandonment). If there is no reason to prevent or reduce particulate matter, the government is criminally liable for damages caused by particulate matter.If the causal relationship is complete: one is the relationship between injury and fine dust and the second is the relationship between fine dust and government behavior, crime is a document documented by the government, provided that the causal relationship is caused by a deliberate factor such as deliberate behavior

One of the supply contracts provided for in the Criminal Procedure Code is provisional arrest. This article examines the legal status of temporary arrest in domestic law and the terms of issuing this clause in international treaties. In the following, the differences in the arrest arising from the issuance of bail and bail and the imposition of interim detention, we examine the conditions for the issuance of the sentence in the Code of Criminal Procedure Act of 1392, in which cases is it possible to continue the arrest or detention of the accused? Because in Article 242 of the Code of Criminal Procedure, 1392, a time limit is set for the continued imprisonment of the accused, which may not be concluded within this deadline, and in practice the need for the continued arrest of the accused is due to reasons including escape fear, On the other hand, the continued imprisonment of the accused is also contrary to the legal principles and rights. In these cases, the judges are confused because, on the one hand, they can not violate the law, and, on the other hand, respect the rights of the victim and the community and ensure that one of the main goals The criminal system is violated. Afterwards, while expressing the views of the doctrine and jurisprudence, they criticize them and express their disadvantages and merits. Finally, the conflict of temporary arrest with legal principles is addressed and this is considered in terms of legal principles.

The habitat and the social environment are of the most important factors influencing the person's mood and behavior and, in the case of association with other conditions, can lead the person to crime or could be useful in preventing the crime. Kathleen, Emile Durkheim and Enrico Ferry are among the thinkers who believe that habitat and social environment, if correlated with some factors, could result in crime. Islamic teachings are not indifferent to this issue, which means that by dividing the social environment into the physical and environmental habitat, they examine the relationship between it and the crime, and in this regard, have recommended encouraging living in some areas and avoiding others. These factors are divided into two categories: macro and minor ones. Some of these factors are general and some are not. The present paper, through a conceptual analysis method, examines the Islamic teachings and proves the impact of physical and environmental habitat on the crime.

Despite the formation of Islamic countries based on the pattern of a modern state, the social nature of Islamic rulings has created a decisive role for religious scholars and religious institutions in the management of these countries, and in addition to administering certain religious affairs, directly or indirectly, the administrative structure of this Governments have been affected. Therefore, the central issue of this paper is the discovery of a pattern related to the management of particular religious matters in the state-modern Islamic countries and the question of the status and manner of the role of religious scholars and institutions in the legal and executive structures of these countries. Given the definition of the Islamic criterion of knowing countries, which is the existence of Islamic sovereignty, and given the convergence of religion and state in many of these countries, the hypothesis of the paper is that the system of fundamental rights of contemporary Islamic countries has unique patterns in this regard. Which has made new achievements in the role of religious imperatives in contemporary times, reflecting the influence of irrefutable Islamic values ​​and practices in the structure of the administration of Islamic societies. An analytical look at these patterns and the pathology and critique of the Islamic fundamental rights system in this area is also one of the most important parts of this paper.