mahdi khaghani esfahani

 Awareness of the therapist's interventions includes informing the patient of the nature of the medical decision, treatment methods, the risks and benefits of the proposed treatment and the possible side effects of each treatment method. Failure to understand these elements distorts the consent and acquittal obtained from the patient; it is considered a violation of medical ethics and causes civil and criminal liability for the therapist. In medical emergencies, it is either impossible or difficult and time-consuming to inform the patient or his/her legal representative of the complications and risks of treatment, necessitating the modification of the legal standards of emergency medical interventions in Iranian health law, especially in the case of patients with mental disorders.

 The present study is a narrative review with a Critical Legal Studies (CLS) approach. To this purpose, relevant books and articles were extracted using Farsi databases such as SID and Magiran and international databases including Science Direct, PubMed, and Google Scholar motor engine. The search was conducted without the limitation of   until June 2024, using the keywords criminal law, EMS, mental disorders, patient rights, victimization. The present study is conducted after reviewing 25 references out of a total of 61 Farsi and English books and articles, focusing on presenting a critical legal analysis and not limited to reviewing the mentioned studies.

Ethical Considerations: 

Throughout all the stages of conducting this research, authenticity of sources, honesty and integrity have been observed.

 The "Executive Regulations on the Maintenance and Treatment of Individuals with Mental Health Conditions" (approved in 2019) and the "Bill for the Protection of the Rights of Individuals with Mental Disorders" (drafted in 2020) have not addressed issues related to healthcare providers’ consent and acquittal of the patients, as outlined in the Islamic Penal Code and the Criminal Procedure Code. The challenge of criminality/victimization of patients with mental disorders during the transfer to the emergency department is still not adequately regulated.

 The regulations governing the practice of medical professions and related occupations do not adhere to a coordinated and consistent criminal policy, especially regarding the conditions, scope, legal enforcement guarantees for medical acquittal and consent. Between article 492 of the Islamic Penal Code (approved in 2013) and Note 1 of Article 496 of the same Code contain contradictions regarding the nature of medical consent and acquittal, the related legal burden of proof and the concurrence of causation and agency in cases of medical malpractice (involving the physician and other members of the medical staff). Furthermore, it is necessary to amend the Bill of Rights of Individuals with Mental Disorders, before it is approved by the Islamic Consultative Assembly (Iranian Parliament), especially regarding the need to clarify the provisions of this bill concerning hospitalization orders for patients with psychological disorders. It is also essential to determine the duration and manner of its implementation, since it has been overlooked by the legislator thus far.

Major developments have taken place in the international legal system, and humanitarian considerations are the common denominator of many of them. Meanwhile, the International Criminal Court is a new structure for trying perpetrators of international crimes and human rights abuses. The Court has been associated with the category of human rights by establishing a link between international peace and security and criminal justice. Some believe that despite legal loopholes that make it practically impossible to apply the jurisdiction of international courts to government officials who commit international crimes, in order to bridge this gap, the scope of immunity and applicability of criminal jurisdiction by foreign courts to officials should be limited when examining the question of whether There has been a change in the approach of international law towards the immunity of senior government officials before the courts of other governments. It is necessary to address the most important of the current concerns, namely the conflict between immunity from state officials and the mandatory rules of international law. Executing a prison sentence in another country appears to be inconsistent with the objectives of the penalty and the principle of territoriality for the execution of a criminal sentence. In international agreements, the parties to the agreement consider options such as: the possibility of transferring and changing the provision in relation to the implementing country. Of course, this is contrary to the principle of sovereignty and independence of the judiciary. The appropriation of laws, the definition of legal principles through these agreements and the judicial representation by the authority that issued the judgment can be the basis for justifying these actions. Of course, this argument is riddled with flaws that have challenged the ICC's ability to investigate the four crimes under the ICC's jurisdiction. This article has analyzed two categories of internal obstacles (structural, legal, functional) and external obstacles (veto rights, agreements prohibiting the trial and transfer of accused nationals, and some security problems) in the investigation of international crimes, using a descriptive and analytical method. . In the end, solutions to reduce these failures are provided.

Recruiting and selecting judges in line with the model of a level judge in the Islamic Republic of Iran requires changes in the paradigm and discourse of managing the process of selecting human resources in the judiciary; including reviewing and compiling transparent and scientific standards of legal and paralegal, moral, physical and mental health, and special attributes of holding the office of a judge. Preparation of the requirements for the development of the conditions listed in Article 13 of the regulation on the recruitment, selection and training of candidates for the administration of the judiciary and the employment of judges, depending on the rethinking of occupational psychometrics, the updating of ideologicalpolitical selection methods, in the framework of creating a "comprehensive system" Assessing the performance of judges" is one of the important tasks of the judicial transformation document and also one of the approvals of the headquarters to follow up on the implementation of the leader's orders and policies. This research, with a descriptive analytical method, based on the theory that moving to a higher level than the current standards for measuring the characteristics of candidates for judgment will reduce the victims of the litigants from the judge's inconsistent judgment and reduce related government crimes, while describing the role of some The inadequacies of the training and skills of legal graduates, in relative distance from the model of ideal  judge, explain two cases of the necessity of transformation in the training of judges from the perspective of human resource competence strategy. This article also explains the importance of replacing the special nondesigned tests(HEXACO judicial oriented and Judicial psychological capital) with the common personality tests of MMPI and NEO for the psychometric analysis of important personality factors in judgment.

The predominance of power relations in academic environments, including deviations from the worthy path of thought, leads to the consecration of the position of thinkers and the epistemological reflection of their scientific achievements. Power is not used without knowledge and it is rare that power is not the source of knowledge. All sciences are mature and synergistic based on the premise and establishment of knowledge and power relations. Measuring the discourses related to power and knowledge reveals a special effect in the reflection of power and knowledge relations, which is the power-seeking of a few academics in some educational and research centers of the world. A rare but dangerous manifestation of the wide field of power-seeking is bully-like academic misbehavior, which, in the form of white-collar workers who are not criminalized, causes an imbalance in the relations between power actors in academic environments; it is a type of purposeful, complex and mostly hidden behavior in some academic environments, which is committed with the aim of threatening, subjugating or rejecting the victim's softness.With the aim of knowing the manifestations and legal-structural factors of the phenomenon of "academic bullying" from the zoological-criminological perspective, this research investigates the hypothesis that the lack of amendment and approval of the "Mental Health" bill, the lack of formulation of the "Job Design Bill" (especially in the department of academic staff members), failure to amend disciplinary laws and regulations and promotion of academic staff members of educational and research institutions of the Ministry of Science, the continuation of defects and gaps in the "instructions on how to deal with the abandonment of the legal duties of managers and employees and its prevention" and laxity in the implementation That along with weakness of competent legal policy in preventing academic violations and reacting to them, is a significant distance from the rule of "legal state" and "knowledge preservation" among the inadequacies of Iran's criminal policy in maintaining the health of academic relations. The increasing growth of this challenge causes the flow of pseudo-science to increase and to strengthen the suspicion of fabrication and unreality of a significant part of the created knowledge according to the claim of some scientific institutions of the country.The most important cultural-attitudinal factors of academic corruption can be considered as follows: the incorrect understanding of the place of knowledge in the development of society and governance, mass and degree-oriented higher education, the disorganization of the major unemployability crisis of graduates, the big market of scientific fraud and its spread from fraudulent students to professors applying for fraud, the discourse of commodification of higher education, populism and managerial populism, the decline of scientific creativity in society, the reduction of public trust in scientific mechanisms, the weakness of the knowledge and skills of graduates, and the effect of corruption in other forms on misconduct in academic behavior."Criminal personality theory", "interactionism theory", "organizational critical theory", "anomie theory", "social strain theory", "labeling theory", "weakness of self-control theory", are among the most prominent critical criminological theories which, in connection with the teachings of organizational behavior and human resource management, have the ability to explain the reasons for "academic bullying". These theories also have the ability to provide solutions for situational and social crime prevention methods, primary and secondary and prevention methods, and specific and criminal/non-criminal prevention methods to reduce power imbalance factors in academic relations. On the other hand, and from the perspective of victimological criminology, victims of academic bullying, in addition to being victims of abuse of power by their academic colleagues, are also considered victims of governmental crime; because the lack of legal regulations to prevent academic bullying is a feature of the neglect of the government system in protecting academic freedom and peace, and it encourages academic bullies in this non-criminalized bullying. Also, the existence of administrative regulations and organizational procedures for promotion of scientific rank of university scholars, whose gross defects and major inadequacies have been widely criticized, are other manifestation of government crime.This article, in the context of zemiology, discusses what capacity critical criminology has in strengthening criminal policy to control academic bullying (severe abuses that are highly contrary to the dignity and ethics expected from the environment of educational and research institutions). Therefore, after examining the research background of the subject and describing the effects of this phenomenon that violates the ethics of knowledge, and by explaining the theoretical foundations help reduce the imbalance of power in academic relations, and discuses ability of some criminological theories in the etiology of academic bullying.

Paying attention to the interests of children and teenagers in formulating an efficient criminal policy is an important part of rationalization and transformation of the legal system in interaction with science and paralegal institutions that are effective in the efficiency of the criminal policy system. Adopting a differential criminal policy towards children and teenagers, in the areas of preventing their delinquency and victimization, requires legislative change in the first step.

The current research is of a qualitative type and the research method is document analysis with a critical approach to two approved laws in the field of family law.

Iran's legislative criminal policy in protecting children against delinquency and victimization suffers from goal-based, structure-oriented and function-oriented inadequacies. The two laws criticized in this article have problems in the three mentioned levels.

Iran's criminal policy maker, with the approval of the "Law on the Protection of Children and Adolescents" and the "Law on the Protection of the Family and Youth of the Population" in recent years, despite advancing the strategy of differential protection of children, according to the present article, has suffered from inadequacies in the prevention, criminalization, prosecution and punishment of crimes related to children and adolescents. Violation of some rules of criminal liability, lack of attention to the types of prevention and the capacity of actors in charge of each type, failure to respect the hierarchy and separation of powers, orders contrary to social norms and scientific data are some of the challenges raised in this research. The effects of this challenge are discussed, explained and criticized in the articles of the laws. This article, by descriptive analytical method and collecting printed and electronic sources, in the field of protective criminal policy and critical legal criminology, proposes necessary amendments to the two aforementioned laws and a related law.

Criminal protection, achieved through coercive prevention and punishment of water-related crimes, plays a crucial role in mitigating the agricultural crisis in Iran. This crisis has led to a heightened reliance on imported agricultural and food products due to declining water resources and inadequate water management. The surge in imports of unsafe genetically modified organisms (GMOs) exacerbates the crisis, as it prioritizes food security at the expense of the right to access "healthy" food. The inadequacies of Iranian laws and legal procedures in safeguarding consumer rights in relation to GMOs necessitate criminal measures to ensure food security amidst the water crisis. From a jurisprudential standpoint, arguments in favor of GMO production appear stronger, supporting the alignment of criminal policies that do not criminalize these products. Opponents of GMO production raise concerns that go beyond jurisprudential considerations, highlighting potential abuses in genome research that challenge human dignity. This article critically analyzes existing laws and regulations pertaining to criminal protection in the areas of water and biosafety concerning GMO consumption. It provides a framework for criminalizing behaviors that disrupt the food supply chain, emphasizing both absolute liability and the presumption of criminal liability. The primary objective of this article is to evaluate the provisions of laws relating to GMO products and water crimes, with the aim of holding government bodies and public and private entities accountable for enforcing and monitoring food safety laws. It advocates for the application of the "principle of minimum and limited intervention as a last resort."

The Silk Road, as a symbol of inter-civilizational dialogue and ethnic convergence and the strengthening of cultural contexts, has been less studied from a legal perspective. The interaction of very diverse and unfamiliar tribes with each other has always been a source of tension and a source of conflict and disputes over trade and communication. Historically, peace-seeking and understanding beyond the mere implementation of formal judicial mechanisms, in the event of legal disputes in the interactions and communications of the Silk Road (model of restorative legal peace-seeking), in comparison with punitive and penal means, paved the way for caravans and the passage of caravans It was silk. Legal peace-seeking without relying on legislation, in the modern sense, and bureaucratic litigation has perpetuated a culture of peace and mediation and conciliation in common crimes committed along the Silk Road throughout the history of this region of the world.According to the findings of the article, the most important pillar of international relations - especially contractual and customary legal cooperation - rests on the axis of cultural commonality. legal understanding is one of the most difficult manifestations of cultural understanding; in ancient nations, the globalization and convergence of the single values of human rights have not been so important. Creating peace and compromise through arbitration has been one of the usual ways of dealing with claims, which is rooted in the ethics and experiences of ancient civilizations in facing cultural differences. Travels, especially on the Silk Road, have been both a platform for disputes between people of different nations, and have provided a ground for innovation in resolving these disputes, with the help of natural ethics and conscientious dialogue, and without resorting to strict legal rules. All civilizations have had a penal system.Research Question: The article is looking for an answer to the question that the ancient rituals of criminal dispute resolution in the Silk Road relations, especially the restorative justice initiatives in the legal thought of the ancient Iranians, create a capacity for confronting China in resolving legal disputes in the new Silk Road.Research Hypothesis: Although China's ultimate goal of the New Silk Road initiative is to provide the necessary economic, political, security and especially legal grounds to become a regional and global hegemon, this plan faces serious internal, regional and global obstacles and problems, and is facing and ultimately will not achieve China's desired goals to the maximum extent; In particular, it does not seem feasible for the Silk Road countries to have a single legal system to settle disputes arising from goods transit contracts and crimes committed on the transit route and against this route.  

Methodology and Theoretical Framework: 

One of the problems in transferring or not transferring the criminal policy of the transit countries of the Silk Road revival plan is the challenge of "non-recognition of laws and judicial judgments of other countries" by the legal system of most countries of the new Silk Road. This article follows the qualitative method, by historical-legal analysis of criminal peacemaking, within the framework of the theory of restorative justice in criminology, in the framework of the historical analysis of the rituals of settling legal disputes in the relations between merchants and people on the Silk Road, analyzes the interaction of the legal systems of different nations in the settlement of disputes in the light of the legal system of ancient Iran. The present article, in the framework of the analysis of the history of the evolution of restorative justice rituals in the wide scope of the evolution of ancient criminal law, analyzes the innovative methods of informal proceedings of crimes that occurred between merchants and with people on the Silk Road, and in the meantime, the rituals of justice It highlights the common restorative punishment in the legal system of ancient Iran.

The present article, after explaining the theoretical foundations of legal peace-seeking, examines the role of cultural-legal exchanges in the Silk Road in terms of the pattern of criminal policy transmission from a historical point of view and assumes that peace-based mechanisms (restorative justice) are the general tool in solving and the season of legal disputes has been in this way. As a result, reviving the Silk Road with the so-called "One Belt-One Road" scheme, regardless of the conflicts between the legal systems of the transit countries, is a challenge of the same kind as the old Silk Road dilemma.

One of the characteristics of the third millennium is the globalization approach, which has undoubtedly changed many security requirements, social control, cultural, political, national and international relations. Despite this, the world community is still facing serious challenges in achieving international peace and security. Many cases of human rights violations have caused the governments of the world to think of finding a solution to prevent such incidents from happening. In general, there are issues that are not unique to a particular society, but are considered common issues of humans in the third millennium, and their global dimension cannot be neglected. One of the most important issues is peace and human rights. The genealogy of peace rituals and cultural dialogue, peace-seeking rituals in ancient civilizations and long-lasting and deep inter-civilizational relations, such as the interactions of the nations of the Silk Road, are manifested. Legal peacemaking based on the hypothesis that "natural justice is a durable foundation for the establishment of eternal peace" has popularized the culture of peacemaking and criminal mediation and compromise in the crimes committed on the Silk Road caravan route.

Explaining the way of applying the concept of authority and determining its relationship with fundamental rights and freedoms enables the analysis of authority in additional meanings (additional authorities; such as legal authority, medical authority, public policy authority, etc.) and exposes authoritarianism. Violations of human rights occur in areas such as health policy. Just as medical authoritarianism pursues the interaction only for the purpose of dishonestly persuading the patient, legal authoritarianism, through legal provisions and by recognizing the coercive authority of the government with the justification of criminal justice, sometimes unfairly supports the limitation of freedom are placed with public health justifications and treatment as a punishment is a reciprocal manifestation of medical justifications for penal authoritarianism. The convergence of authoritarianism in the criminal and medical realms aggravates the subsequent crises of these two. The analysis of the mutual abuse of criminal securitism and medical authoritarianism from each other, explains that the foundations of social control of crime, which is influenced by the dominant political ideologies, have a significant impact on the strategy of public health policy and providing legal support for health policies and determining the scope of individual freedoms and the territory of government interventions. Medical authoritarianism seeks to provide the support of criminal legal authoritarianism for itself; a phenomenon that causes the expansion of the domain of criminal law and the legalization of the government and the indiscriminate use of coercive means with the claim of social health control.

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

Ethical Considerations: 

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

The lack of "health annex" on the bills related to the rehabilitation of criminals, the concern about the relationship between the two systems of health policy and criminal policy in terms of the interference of processes, the historical descent of authoritarianism in criminal law governance, the extended interpretation of some policy-making institutions of the "emergency situation" that It formulates the suspension of human rights norms with medical-criminal justifications, all seems to be the inappropriate intersection factors of the two currents of "medical authoritarianism" and "criminal securityism".

It is necessary to enact comprehensive professional and disciplinary regulations as well as regulatory guidelines in order to prevent medical violations; Especially the violations that occur in the interaction of medical institutions with criminal judicial authorities, which puts prisoners, convicts, and victims under the shadow of medical malpractices based on criminal infractions.

Compensation for innocent detainees and prisoners is a relatively new legal establishment. Compensation for damages by the government following judicial errors is a development in respect for human rights in the criminal process, which is influenced by developments in criminological knowledge, critical criminology, and related sciences. Articles 255 to 258 and 518 of the Iranian Code of Criminal Procedure and Articles 163 and 13 of the Islamic Penal Code provided a legal basis for compensation for innocent convicts. The instances specified in the law are exclusive and it is not possible to expand the scope of compensation for such individuals by developing the subject and comparing it to similar cases; However, the beneficiary and the victim will have the right to claim damages for invoking other jurisprudential principles and rules, such as the no-harm rule and the negation rule. Therefore, the principles of human rights and jurisprudential rules are one of the most important principles of compensation for innocent defendants and convicts.This article, after criticizing the legal provisions related to compensation for unjust detention from the perspective of Iran's legislative criminal policy in the light of jurisprudential principles and international documents, explains that the national and provincial commissions for judicial compensation, despite alignment with the idea Islamic Guarantee and Restorative Justice, Due to the Continuity of Punishment Overcoming the Judicial Sub-Discourse - Despite the Main Rehabilitative and Restorative Discourse - and Due to Legal and Structural Defects, They Have Not Been Transformed the Doctrine of Compensation into Improper Detention by the Judiciary Formation. In the end, it is suggested that the application and ambiguity of paragraph "c" of Article 256 of the Code of Criminal Procedure be restricted so that it does not become a platform for escaping from compensation.

This article, in a descriptive-analytical method, reveals some roots &effects of epistemic distortion in the way of contributing to the most important forces of Iran's criminal policy - Sharia, modernism &community-oriented (Sharia, West, custom). Recognizes &devises tips to prevent falling into the trap of legal positivism &irrational &anti-socialist textualism. Neither the policies &interests governing the criminal jurisprudence of Islam can be called the exact same system of Islamic criminal policy, nor the French &Anglo-Saxon &continental European models of state-comprehensive criminal response can be found in verses &hadiths. Subject to this. The "ideal of deprivation of world experience" &the era of universal theories &the greatness of poetry but inefficient in reducing the difficulties of human life - including the difficulty of crime - have passed. A systemic interaction must be established between the text (jurisprudence, Western legal doctrine, or any sacred or customary scientific text) &reality. This will be the beginning of planning the Iranian Islamic model of criminal policy.

"Public performance" is a right to a part of property which is the creative product of the thought and skill of a performing artist and fashion designer. The issue of recognizing the right of public performance of a work concerning literary and artistic works, due to the increasing development of the examples of the right of performance, and its connection with authenticity regarding the field of copyright in the scope of intellectual property, has caused a lack of coherence of subjective protection of the rights related to it. In this way, it may not be possible to pass a law, in parallel with the emergence of each model or example, regarding the right of performance in its attachment.Therefore, it is necessary to provide criteria for recognition of these rights and provide them with appropriate protection.Therefore, by analyzing the descriptions found in the draft of the Intellectual Property Protection Bill and the Iranian Protection of Authors and Composers Act and comparing them with those we encounter in international instruments and the examples of the right of performance in leading countries in this field, the appropriate methods for recognition and protection of public right of performance are introduced.In the application of this analytical and descriptive methods, it is clear that in regard to the right to perform a work in the Comprehensive Intellectual Property Bill, certain points remain unclear or are expressed in a biased manner.For example, Article 101 has protected a stipulation regarding granting more rights to the performer, and while it gives a supportive aspect to the principle regarding requirement of a stipulation and agreement, it does not say anything about applying a more limited period for the performance in question or removing the performer's name in the works that can be performed. Thus, the status of these two issues remained unclear and calls for further clarification by the legislator.

Water is the cause of appearance, persistence and efficiency. Insecurity arising from the lack of sustainable access to water resources for citizens may disturb stability and security and challenge the legitimacy of the political system. Preventing water insecurity in hydropolitical relationships requires legal protection of water against water crimes and infractions.

This article is theoretical and uses data from books, articles and relevant laws and regulations to critically analyze legal protection of water and biosafety laws in a qualitative and non-statistical research method. Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Criminal protection, through coercive prevention and determining punishments for water crimes, is one of the deterrents to the escalation of the agricultural crisis in Iran; A crisis that increases the need to import agricultural and food products with the decline of water resources and poor water management. As a result, the growth of imports of unsafe transgenics, leading to a preference for food security over the right to "healthy" food, is causing other crises. Today, new food and ecosystem technologies have such a moral value that adequate and accurate criminal protection is necessary. The weakness of domestic laws and legal procedures both in protecting water and in protecting the rights of consumers of GMOs, requires criminalization aimed at protecting food security in the increasing need for transgenics in the water crisis.

This article critiques some of the existing rules and regulations on criminal protection of water and biosafety in the consumption of transgenic food, providing a framework for criminalizing criminal behavior against the food supply chain with absolute responsibility - or with the presumption of criminal responsibility. Criticizing the articles of criminal and non-criminal laws related to GMOs and crimes against water, along with presenting draft articles to be added to the Bill on Punitive Punishments, in order to hold the government and private legal entities responsible for the implementation and monitoring of food safety laws, in compliance with the "principle The minimal and limited intervention of punishment as a last resort" is the target of this article; Therefore, limiting severe punishments to bioterrorist and organized types of crimes against food security provides a variety of legal responses that are appropriate to the nature and severity of the wide range of these crimes.

Today, many criminologists consider the effective role of cultural structures, especially mass media, in the occurrence of crime. From the perspective of cultural criminology, in addition to the criminal act itself, the crime scene, the news and the media representations associated with it are also important. In its analytical approach to crime, this criminology has a special emphasis on the meaning, symbols, and emotions affecting crime. The important role that can be given to culture and its influence in the legal arena is the role of normative culture. Normalizing society through culture is one of the things that can help prevent crime. The social prevention of crime is realized by altering the cultural structures of society and social relations and effective intervention in cultural and social variables. Cultural environment as the main space for occurrence and analysis of phenomena has a significant impact on the components of social crime prevention.

Analysis of the use of the maximum available capacity of civil society elements in the Iranian people to strengthen participatory criminal policy is the subject of this study.

The present research method is a description of qualitative content and has been written by collecting information from legal sources.

The participation of civil society removes the criminal justice system from its mere formality and reduces the volume of formal judiciary so that it can improve the efficiency of the criminal justice system in areas such as crime prevention and efficient fight against the overall crime rate.

 

In this article, we have tried to observe the originality of the texts, honesty and trustworthiness.

Participation of criminal policy means distancing oneself from repressive criminal government and pure government and the presence of civil society in all legal stages and processes that can work with official institutions, judiciary, criminals and victims in resolving legal disputes and implementing measures. And various crime prevention plans have a role and intervention.

Patient complaints are stressful and costly for dentists. Dentistry is not immune from mistakes, and protesting dental care services is a demand of patients. It is important to check the causes of complaints against dentists and identify the causes of dissatisfaction in determining prevention programs. The purpose of this study is to provide a picture of the causes of complaints from dentists and the judgments in the medical council of Qom.

This study was descriptive, cross-sectional, and retrospective. Complaints against dentists in the Medical council Organization from 2013 to 2017 were reviewed. The variables of age, gender, work experience, proficiency, dental behavioral factors and medical center equipment as well as age and gender of patients were evaluated. Finally, the data were analyzed by SPSS software.

77 cases were examined. 87% of complaints were from male dentists and 13% from female dentists. The prevalence of complaints in female patients (51.9%) was higher than in male patients (48.1%). Of the total number of complaints against dentists, 11% have been prosecuted and 9% have been settled in court. The most important reason for the complaints was the negligence of the dentists in performing the services and no complaints were received from the Lack of equipped medical centers. In cases that were ongoing due to carelessness and lack of expertise in treatment, there was a statistically significant difference in the age of the dentists and their work experiences.

Ethical considerations: 

This research started after receiving the code of ethics from Qom University of Medical Sciences and has been written until the end based on ethical principles, trustworthiness and honesty.

The most important reason for the complaint was the negligence of dentists in performing services. The age of the dentists and the more work experience were showed a relationship with complaints against dentists. The legislator has accepted the "theory of negligence" and the "theory of fault" by deviating from the "theory of danger". In the next step to support therapists (dentists), the legislator has considered that obtaining patient consent relieves the therapist of responsibility. In the third step, the nurse or patient is aware of the wrong prescription, causing the dentist to lose responsibility.

The right to health is the subject of many international treaties and national laws. The protection of this right and the provision of legal and objective requirements for its fulfillment for children - as a specially protected human group - are of great importance and, of course, the concern of legal systems.In addition to direct legislative policy, sub-legislative strategies through the enactment of laws and regulations that affect children's right to health are an important area of study. The main obligors of the right to health are the governments, and the system of the Islamic Republic has had many ups and downs in protecting this right.Considering the comprehensive dependence of children's health on the health and safety of mothers, the bill "Protection, Dignity and Security of Women against Violence" seems to have strengths and weaknesses, the analysis of which is approved and implemented from the perspective of effectiveness. The bill (after approval) on reducing the victimization of children dependent on the victimization of their mothers is the subject of this article.The present study, after recognizing the role of promoting the health of children in reducing their victimization rate, examines the effectiveness of the reform of the judicial system and criminalization and prevention, which is set out in this bill; To determine the extent of women's support in reducing the vulnerability of children to maternal victimization.The bill's ideological discourse, and the its inability to present a new order combining the three aspects of human rights norms, Islamic teachings, and the considerations of the Iranian family, do not bode well for enhanced protection of women against violence. Children continue to be affected by their mothers' victimization of violence. Solutions to reduce the shortcomings of the bill are presented in this article.

Historical challenging period of political authoritarianism in Iran has affected the criminal policy’s ineffectiveness. Public law and especially criminal policy in its both sources - Shiite jurisprudence and western legal thought - has experienced numerous challenges due to the lack of an active and continuous communication between those resources, and also due to the divergence of a broad range of formal and informal norms. Two other flaws in the traditional Islamic criminal policy are the lack of enough attention to Iranian criminal sociology, and the lack of consistency with contemporary collective wisdom. But the most important problem of the current criminal policy is the unavailability and lack of attention to the need for interdisciplinary teaching and neglecting the role of philosophical, sociological, and especially managerial aspects of criminal policy. Suffice to Fiqhi method is sign of limitation in this traditional flow. Scholars support this process, try to introduce the Islamic criminal policy with just Fatwa method; meanwhile criminal policy is not an arbitration-oriented science, and is a constructive paradigm-based science.
This article, after criticizing the level, extent and state of presenting Fiqh in contemporary Iranian criminal policy, points to the capacity of other interpretations of Islam (such as Maqasidi Fiqh) in planning the local criminal policy pattern; and it also shows some commons of Islamic rationality and Western rationality in designing this local theory. Under the hypothesis of this article, the most important factor limiting the freedom and inadmissible resorting to violence in soft layers of subjective and objective approaches to criminal policy, including: theoretical foundations weakness, weak social base to believe in culture of participation in the public sphere, the lack of serious commitment to codify Islamic-Iranian model of progress.

Criminal policy is an interdisciplinary system consisting of several interactive nation-state subsystems that attempt to address serious crimes and deviances by managing criminal justice through organizing the relationships between criminal science and actors within the criminal justice system in both theoretical and practical settings. As an important element at the most strategic level of soft power for any system of governance, criminal justice requires particular attention since any inefficiency in development and monitoring of the national criminal policy system may lead to crisis of efficiency crisis or even legitimacy crisis of a regime. Despite its several strengths, criminal policy of the Islamic Republic of Iran suffer from a number of weaknesses including strategies developed at macro level to govern legislative, judicial, and executive decisions made by legal authorities in the country.
By reviewing the significance of localization of criminal policy, the present study draws on an analytical approach to describe instances that indicate a crisis resulting from lack of a localized criminal policy in the Islamic Republic of Iran. In particular, it examines the process of formation and development of anti-rationalist approaches to penal jurisprudence through a scrutiny of how such approaches hindered realization of ultimate goals in terms of criminal justice at the macro level of the Iranian criminal system. On the other hand, a number of approaches are proposed to strengthen the opposite view that draws on the legal capacities of Islamic jurisprudence to localize a criminal policy centered on Islamic penal jurisprudence and to partially meet the requirements in development of an Islamic-Iranian progress model within the realm of criminal policy system.

The restorative criminal justice theory is a challenging area of interdisciplinary studies between traditional criminal jurisprudence and scientific modernism in criminal law. The guidelines of western criminal policy in interaction with crimes are provisional and there is an apparent shift of centralization from retributive justice to rehabilitative justice and then to intimidative justice and now to restorative justice. Western approach to restorative justice is a response to critical situations such as augmentation of the population of prisons and social protest against domination of retributive view in judicial and gendarme systems. On the other hand، Islamic approach to restorative justice is based on some moral virtues as encouragement of hiding the crimes، amnesty، arbitration and repentance. These differences make an advantage in favor of Islamic point of view. We will try to study the lenient institutions of criminal jurisprudence on the basis of revelation and through this and find a way to escape the numerous challenges of western approach to restorative justice.

After reducing trade barriers and internal market restrictions and separating the economic space from the political authority area, Neoliberalism retracted the strategy of rehabilitative and facile criminology and renewed the harsh punitive apparatuses of the criminology and enhanced highly human rights anxieties. Therefore, it is necessary to be planned a middle exact strategy through correlating the criminal teachings with criminology, human rights, political economy and other sciences. this note (after the pathology of the contrast between Libertarianism and Security-orientism discourses in western law and human rights violations and then the transmission of this contrast to e-trading privacy - especially in the field of the information cryptography) attempts to explain that in the process of the new religious re-thinking in Iran economic, yellow model: cautious model in the field of prevention and the punishment of the cyber information cryptography is one of the convergent fields of Iran law with Europe law and with indigenizing this model, the major steps forward in the codification of the criminal strategy and criminology and in reverse the Red model (absolute Security-orientism) and Green model (absolute Libertarianism) should be counted one of the divergent fields of the mentioned law systems.

Theorization in the realm of criminal policy is badly needed by the country. Lack of coherent، indigenous pattern of managing activities dealing with offence and deviation causes lack of harmony of governmental institutions invested with administrative affairs، and this will lead to nothing but drop of standards of criminal justice in Iran. Although approaching criminal justice in Iran is primarily and essentially influenced by Islamic teachings، the expression “Islamic criminal policy” is facing several challenges in juristic-legal literature of our country: problems which must be detected and solved، otherwiseone cannot claim preparation for moving in the way of planning “Islamic-Iranian theory of criminal policy.” Study of researches in the realm of Islamic criminal policy indicates existence of some prevailing discourses in this connection; as some epistemological discourses – and not specifically in the realm of criminal policy - can also be detected which indirectly influence essentials، structure، manifestations، and evolution of Islamic criminal policy. Using the method of discourse analysis and reviewing perspectives in the realm of Islamic criminal policy in the research literature of the country as well as recent legal evolutions، the present essay explains detriments of existing perspectives in the juristic-legal literature in the category of Islamic criminal policy – with an emphasis upon philosophy of jurisprudence – and describes what relation can be established between policies governing criminal jurisprudence and Islamic criminal policy. The ultimate goal of this essay is to draw general characteristics of a reading of Islamic criminal policy which، in turn، is a part of a wider theory named “the Islamic-Iranian pattern of criminal policy.”