فهرست مطالب mohammad ali hajidehabadi

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

The abnormality of Mal-veiling causes damage to spiritual health and social life, especially the stability of the family, as the core of society. Therefore, a criminal response is necessary. Criminal legislator of Iran, has used the two reactions of imprisonment and fine, But the results have shown that it is useless. Therefore, the punishment of deprivation of social rights has recently been proposed. Social rights are defined as individual rights in relation to social institutions, but both in this sense and in those examples, there is no Consensus In this article with descriptive analytical method and library sources, investigate the nature of the use of this punishment. But deprivation of social rights has advantages compared to prison and fine, and in some cases, it is also prescribed in Sharia. But from a jurisprudential point of view, in cases that are connected with the life of a person and his fundamental rights for example, refusing admission to medical centers does not seem legitimate.

Psychological punishments refer to pressures imposed on the criminals mentally criminals. While every form of punishment has psychological effects on the offender, psychological punishments specifically target the soul and spirit of criminals, excluding their body, property, or freedom. These punishments exhibit significant diversity and align with modern scientific findings. However, there is no notable research on this type of punishment, particularly within the context of the Islamic approach. Consequently, these forms of punishments have a limited presence in the criminal justice systems of Islamic countries, despite the life-guiding principles of Islam. This research, conducted through a descriptive-analytical method using library sources, indicates that, based on the sources of Islamic criminal policy, psychological punishments hold a significant place and play a crucial role in rehabilitating criminals and deterring them from committing further offenses. In essence, they offer a more cost-effective and beneficial approach, justifying their application in the present and future criminal policies of Islamic society.

The founders of the modern criminal justice system in Iran initiated a transition from the traditional to the modern system by drawing inspiration from the criminal justice systems of developed countries. However, this process of change has consistently faced numerous challenges, and in some cases, the adoption of foreign models has been relatively unsuccessful. The adoption of the jury trial institution in English law is one such unsuccessful experience. This article, based on a scientific and systematic approach using the multiple streams theory, seeks to explain the reasons for this failure. The theory focuses on the changes in public policies and aims to identify the influential variables in this area. According to this theory, to develop a new policy, an undesirable situation, referred to as a "problem", must first be identified. This issue is heavily influenced by the values dominant in a society. After identifying a problem, multiple solutions are proposed, but only a solution that meets criteria such as feasibility, practicality, and normative acceptability remains as the answer to the problem. This article demonstrates, through the application of the aforementioned theory, that although the jury trial institution is a successful and effective institution in common law jurisdictions, it has not gained popularity in Iran. The reason for this failure should be sought in the lack of relevance of the jury trial institution to the Iranian context and its conflict with the public values and the values of the Islamic judicial system, which is judge-oriented.

The bulk of criminal cases and the increase in the criminal and prison population is a fundamental and necessary issue in the criminal justice system, and it has negative social, political, economic, etc. consequences. In order to solve this problem, lawyers have suggested changing the path of less important cases from the path of criminal justice. This research was done with analytical-descriptive method and using library tools. The purpose of this article is to answer the question of what is the position of decriminalization in the criminal policy of Islam and Afghanistan. By following the jurisprudence and criminal law sources of Afghanistan, the conclusion is reached that in the criminal policy of Islam, in the stage of discovery, prosecution of the crime, sentencing and its execution, due to the legislator's importance to the principle of innocence and the emphasis on the forgiveness of the plaintiff, ignoring petty crime, rehabilitation, judgment, etc. have a special place. In the criminal law of Afghanistan, factors such as the passage of time, conditional release, suspension of the execution of the sentence, etc. prevent the criminal case from entering the formal investigation stage and even cause it to leave the judicial process. These mechanisms show the importance of decriminalization in Afghanistan's criminal policy.

The ability to resist the attractions of crime has been referred to as self-control; the very decisive factor in crime rate in General Crime Theory. Vara, Morāqebah, and Taqwā have been used as equivalents in several Islamic texts including Mahajjatol-Baydā. Despite prima facia similarities, self-control is wider in temporal and palatial aspects in viewpoints of Feyz Kashani and Hirschi, with the former believing in the existence of a persistent and omnipresent guardianship and the latter concentrating on the socialization of all members of the society. Recruiting an analytical-descriptive design, the study revealed that Feyz Kashani provides a more comprehensive account of self-control in purifying the mind of the criminal fancies and perversions and generalization of the effect of self-control on the unified status of the offender and victim. He did not believe that self-control is age-dependent; rather, he proposed several other socializing strategies including Sela-Rahem and training instructions on mastering internal stimuli.

In our legal system in addition to the judiciary, members of parliament and government are qualified to legislative initiative including Criminalization and Penalization. It is obvious that when several institutions have Similar qualification, implementation of qualification should be in such a way that there is no interference. The most important action to solve this problem is to move in a predetermined direction. But in our legal system, this direction is not foreseen and the existing tools are ineffective.This article, by explaining the current situation regarding the institutions qualified to legislative initiative in criminalization and penalization, the solution to achieving coherence in the application of the competence of the three powers in the legislative initiative, in addition to the need to accept the competence of the legislative initiative of the parliament members and the government in the aforementioned area, presenting the authority of this initiative to the authority judiciary and entering it into the legislative process; because the judiciary has the appropriate tools for efficient legislation regarding criminalization and penalization.

The crucial elements for establishing and ensuring the proper functioning of essential governance structures are legitimacy and acceptance, extensively studied by scholars in the field of political science. This research aims to investigate the impact of rules and regulations outside of prisons on the legitimacy and acceptance required for established governance, contrasting with the traditional functioning of prisons and its adverse effects on this governance sphere. Insufficient attention to the fundamental requirements and needs of individuals, coupled with neglecting supportive patterns based on an open social system and reform and education, creates a path towards the non-acceptance and legitimacy of individuals under the scrutiny of the criminal justice system. The present research utilized a descriptive and analytical methodology. Inspired by an approach contrary to formalistic legalism, the institution of caring for criminals outside of prisons was examined, emphasizing the groundwork for social reintegration and the effective political legitimacy of the system. This analysis recognizes the trend of imprisonment aligned with a dry formalist and tradition-oriented perspective in criminal policy, identified as a factor contributing to the acknowledgment of non-acceptance and legitimacy.

The principle of the right to free access to a lawyer in line with the administration of justice is in harmony with other principles, and compliance with this principle is necessary for other principles and rights, such as the principle of arbitration, the principle of public trials, the principle of obtaining evidence through legitimate means, and the principle of impartiality of judicial authorities. , the principle of equality of arms, the principle of non-torture, the principle of the right to remain silent, the principle of fair trial, the principle of acquittal, the right to free defense, the right to appeal and access to fair justice, the right to protest opinions, and it is related and complementary to them because With the existence of a free and independent lawyer, other rights are also respected, and at least the existence of a lawyer prevents the violation of other rights, which the constitution of Iran and other countries, as well as regional and international conventions, have emphasized on their observance, and in all legal systems of the world, more or less It has been accepted, but there are differences in its limits and possible limitations. This right has been accepted in Iran's law for many years, but there are articles and notes in this regard in different eras of criminal law, without any legal reason or mention. Precise and specific rules have limited this right. In the Criminal Procedure Law of 2012, this restriction against the law and fairness is mentioned

Although the criterion for deserving arbitrary punishment in the Penal Policy of Islam is the informed opposition to the divine obligatory rules (religious obligations and unlawful things), a number of institutions have been anticipated in the area of judgment like forgiveness by the ruler and situational repentance. One of these institutions which has been frequently referred in the Quran and Hadith is “excommunication of the evil acts”. Although it has been considered as an example of repentance or the same as it by a number of experts, it seems to be a different institution. It is a grateful-reductive institution based on which the lesser sins of the wrongdoer will be ignored if he/she avoids mortal sins. Takfir is considered by some of the experts to be related only to the otherworldly punishments. However, it has been considered by a number of jurists to be applicable to the worldly punishments. Although in the area of the worldly punishments, it is a subject limited to the arbitrary punishments, the question is that which group of arbitrary punishments are subjected to takfir; verbal or actual?The present article reviews this subject by a descriptive-analytical method. The results show that takfir is an action-controlling strategy in order to return the criminal to the path of justice, to prevent committing severe crimes, and to boost the spiritual level of the society. Furthermore, this is a comprehensive and independent canonical institution with a common criminal function beyond the time which is not specific to the afterworld. It also includes giving up the punishment of those who commit lessor sins. Of course, it does not include the importunate criminals who deliberately commit the lessor crime, as well as the verbal punishments, and the punishment specified for public-right crimes. Finally, this is completely different from the institution of repentance in terms of circumstances, perpetrator, type of sin, and function

Qasameh is a controversial jurisprudential institution in which many doubts have been made with the focus on common sense. This article intends to doubt with a jurisprudential view in this institution. In the Imamiyya sources regarding the Qasameh, its legislation has led to deterrence in some murders for which there is no evidence. First of all, First of all, the question is raised whether these explaining the cause of  giving in the narration are an expression of the full reason or incomplete and a kind of expression of wisdom?. Secondly, if the cause is perfect, has the cause been realized? In explaining the reason, there is a debate as to whether the purpose of legislation; is it mere deterrence, or is crime detection important? Total detection in murder, which is never achieved, but deterrence can be achieved through the new science of crime detection. If this deterrence could have been created by the new Science of Criminalistics, this serious debate and doubt could have arisen in the place of oath-taking legislation at the present time. If we still believe in the legislation of oath, we will at least achieve a redefinition of oaths and the formation of loth in the current situation. This article addresses these issues.

One of the most important topics in the field of criminology is “reformation and treatment of criminals”, which nowadays mostly means rehabilitation and carrying out the necessary activities to return them to a healthy social life; This therapy is not only focused on psychological therapy; rather, it includes all technical and professional education and consulting measures, etc. Analyzing this important task in the Holy Quran is the subject of this article, which tries to provide a general view of the important aspects of this discussion by extracting and analyzing related Quranic statements and narratives. The findings of the research indicate that the Quran, due to its attributes of “healing” and “mercy”, its various dimensions such as words (recitation, reading and listening) and content (rich non-Quranic knowledge and teachings) can be used as a model in the treatment of criminals should be mentioned along with other human models, which, of course, have significant characteristics in comparison. The exact extraction of the foundations and principles and mechanisms and methods of reforming the Quran and their practical testing require many other pieces of research.

The most common strategy to prevent cybercrime in Iran is to refine content. However, filtering is not consistent with criminological knowledge approaches and contradicts the natural rights of citizens, including the right to liberty, equality and the right to security. The findings of this research show that the high use of filtering results in "civil disobedience," "society laziness in protecting morality," "generalisation of crime," and "juvenile delinquency and victimisation". The findings of this research show that the high use of filtering results in "civil disobedience," "society laziness in protecting morality," "generalisation of crime," and "juvenile delinquency and victimisation". There are already some levels of these unfavourable outcomes in Iran's cyberspace. The conclusion and theory of this article is that sustainable prevention of crime in cyberspace is realised when crime prevention is planned in a "right-wing paradigm" through "community measures" and with respect for individual rights and freedoms. Therefore, it is suggested that by moderating the policy of filtering in the current way, a participatory prevention pattern is implemented so that citizens of cyberspace follow the issue of prevention as a right (the right to cultural participation).

The increasing spread of crimes in the current era, along with the emergence of new and different types of criminal and delinquent phenomena has been The failure of the official criminal justice system by using the guarantee of criminal executions in various fields, including: Reactive prevention of crime, timely dealing with criminals, logical and open social reforms Being the perpetrators has led to the formation of the question whether it should be increased, strengthened and updated Were the criminal policy measures and programs based on the active and principled participation of the civil society? As a rule, the participation of the organization People's organizations (Semans) who voluntarily and spontaneously enter the field of criminal law in order to solve social problems and provide public services, is a clear example of participatory criminal policy. The need for the attention of government bodies to identify, organize, evaluate and monitor cement is a necessary and undeniable matter. Therefore, in the last days of 9211, the judiciary, in line with the second step of the Islamic revolution and the transformational movement in the judicial system around Semana, prepared and adjusted the guidelines "How to participate and interact with popular institutions with the judiciary" in order to strengthen their active presence in politics. committed a social (non-governmental) crime. This instruction put many and different axes before the activists of the criminal justice system and semans. In this article, the aim is to use the descriptive-analytical method to develop a cooperative criminal policy in the protection of the victims. examined in the light of the mentioned guidelines, and in addition to removing the ambiguous points, in order to implement the guidelines in a practical way, it should lead to and result in providing new and effective horizons.

The crime detection stage is considered as one of the most significant stages of the criminal proceedings. In cases which are related to sexual offenses such as rape and require violating individual privacy ,therefore is a place of conflict between individual and social rights. The first principle in Imamiyeh jurisprudence and, consequently, the criminal law of Iran, is the maximum observance of individual privacy, which requires the impermissibility of invading one’s privacy and failing to detect a crime. Violation of this principle requires a reason. This article, in a descriptive-analytical method and through using library resources, aims to explore the impermissibility of invading individual privacy in sexual crimes. The findings of the study indicate that there is no Quranic or narrative evidence for such cases which prohibits invading individual privacy when there are more important issues, such as the preservation of an innocent person's personal life or the need to prevent further prostitution or extortion of a completely innocent victim and the realization of his or her rights. Hence, such investigations are necessary due to the need to help the oppressed and to counter the spread of prostitution; This matter has not been neglected to some extent by legislators, and in two articles of  241 Q.M.K and 102 D.K, the investigation is permitted by the judicial authority within the scope of the complaint in cases of sexual assault.

Today, fetal health protection is more important than ever to health and legal actors. Fetal abuse is a term that has evolved with the advancement of medical science in recent decades and includes not only behaviors that result in abortion but also other intentional behaviors that cause harm other than abortion as well as behaviors which is mainly due to the negligence or carelessness of the person carrying the fetus or others. This article uses descriptive-analytic method and library resources to review and compare the criminal laws of Iran, USA and the United Kingdom in the field of fetal abuse. Regarding intentional fetal abuse, especially abortion, most of the world's penal systems, especially the criminal law system of the three countries discussed in this study have developed several laws, but the embryo of harassment due to negligence or carelessness has received less attention from lawmakers. The findings of the research demonstrate that in some US states, such as South Carolina, this issue has received more attention. In the penal system of the United Kingdom and Iran, the issue of fetal abuse due to negligence has not received much attention, although in Iran, occasionally and in the Law on How to Donate Embryos to Infertile Couples has dealt with such behaviors to a small extent.

Informal values of morality and common sense are the hidden layers of the penal system. The interaction of ethics and common sense due to the nature of stability and universality of ethics and the evolution and relativity of common sense has been the battle of the views of social science thinkers, including criminal law. The interaction or conflict of ethics and common sense has wide dimensions in criminal law discussions. The focus of the challenge of ethics and common sense is in the conflict of justice and security in the criminal law system. Explaining the relationship between ethics and common sense in criminal law is not possible without referring to a unified theory in practical wisdom. In this article, under the principles of Transcendent wisdom and relying on the Conventions (i'tibariat) theory of Allameh Tabatabai as the general theory of practical Islamic wisdom, the relationship between ethics and common sense in the field of criminal law with special focus on the challenge of security and justice has been studied. The result of this research is that under the practical wisdom of Islam, the conflict of justice and security in criminal law issues can be resolved.

The purpose of the present study is to review some social preventive measures in the Islamic Republic of Iran to protect freedom of thought and speech based on the Islamic instructions. The method of study is descriptive analysis and the results showed that Islam has offered special social preventives measures to protect freedom of thought and speech as this subject has widely been taken into consideration in Islamic texts. Furthermore, Islam has also offered some other measures such as rationalism, poverty prevention, extension of free and critical thinking, spread of religious arguments, giving advice to the officials, and the protection of critics in order to decrease likely crimes in this field. Therefore, the above measures should be taken into account before any disciplinary or penal measure in order to protect freedom of thought and speech. It should be noted that the implementation of the preventive measures does not intend to omit penal and disciplinary measures, but rather they should also be definitely used as the last step for those who refuse preventive measures and just follow their own deviated way.

A review of criminal law clearly reveals that in Iran's legal system, there is no particular logic of penalization, and in these laws, many inappropriate penalties exist in terms of type, degree and inefficiency in achieving the goals. Cliché and irregular punishments not only result in failure to meet the goals of punishment, but leads to undesirable and adverse effects on the perpetrator. Determining the appropriate punishment and the optimum level of efficiency, is very complex issue and requires attention to many components. The present article, which Seeks to the identify purposeful penalization model, insists that the legislator must, in each crime, before any other issues should determine his "Main purpose" and choose the type of punishment according to that goal, and avoid from totalitarianism for acquisition of opposite objectives. Regarding the amount of punishment, the legislators should also consider the ease and advantages of committing a crime, the dark figure of crime, the commonness of crime and the relationship of crimes with each other, while at the same time, in line with the principle of individualizing punishment and increasing the positive effect of punishment, The judge must give more authority to determine the amount of punishment.

With the autonomy of the generation known as "Network Natives" or "Digital Natives", there has been an exponential increase in the rate of crime in cyberspace, especially in social networks and the crime pattern has undergone a sudden change in the types of crime, crime scenes, age and gender of the perpetrators and the victims. The method of this research is qualitative and its method of analysis is grounded theory. This research seeks to address the origins of the problem and provides answers tailored to the causes of crime and victimization.  In this paper, the causes of victimization are explained by the application of the "lifestyle" attributed to Hindelang and the causes of delinquency by employing the theory of "the neutralization of crime" attributed to Matza. The statistical population of the study was 20 teenage victims and delinquents of social networks from whom the information has been gathered by means of interview and observation. Findings of the research show that the unpredictability of virtual behaviors and interactions provides grounds for the victimization of adolescents and for juvenile delinquents’ avoidance of responsibility by resorting to victim's fault. The result of this study shows that between the two corrective and restorative patterns, restorative responses to digital indigenous people are more suitable for delinquency and juvenile victimization, since restorative responses lead to "cyber alertness" of the victim, "taking responsibility" by the delinquent and "participation" of the passive society of the cyber space.

The importance of investigating foreign exchange crimes and adverse effects caused by the spread of such crimes and its relationship with the consolidation of the economic pillars of the ruling political regimes has led the legislature to resort to special measures based on punishments and criminal offenses against the norms of this Therefore, although analysis of the country’s criminal policy implies an explanation of the way the criminal offense is compared with currency offenses in various scientific texts, it has been investigated, but the review of these policies in terms of compliance with existing theories and criteria in the field of criminology and providing a scientific and practical solution.

The present study is based on a library method and based on the study of studies conducted in related areas, using existing experiences in the legal field of the banking system and reviewing various files in the banking system’s legal departments. Using analytical and descriptive methods, references to books, resources, and articles were attempted to be viewed from other perspectives on currency crimes; also, in view of the special role of the central bank’s legal department in applying the judicial strategy in dealing with foreign currency crimes, reviewing the way of performance. This reference was criticized in terms of adaptation to the criteria and criteria for supervising criminal law and criminological theories.

Findings and conclusion:

In this research, while briefly explaining the way in which criminal offenses are compared to these crimes, legal and judicial policies were examined in terms of adaptation to the emerging jurisprudence in the field of criminology, and finally criticized existing approaches, including McDonald’s approach to dealing with these crimes, appropriate strategies have been proposed to manage the risk of foreign currency crimes, such as the use of circumvention methods, the use of the achievements of the restorative justice system and the like.

In the Islamic jurisprudence, "prescribed punishments (Hudud)" are an important group of the punishments that are often physical; they have also been taken into consideration by the Iranian criminal legislator after the victory of the Islamic Revolution of Iran and have been executed for more than three decades. During these years, the execution of some hadd (prescribed) punishments especially the murder and stoning to death has caused some problems for the country. A useful strategy to reduce the negative consequence of executing the physical punishments is to use the agreed reactions. Because based on this strategy, the physical punishments also are in the texts of the laws and can equally fulfill the horrendous target of the punishments. On the other hand, ignoring the execution of the physical punishments and using the agreed punishments in exceptional cases, the criminal can be encouraged to perform the positive and constructive behaviors, to compensate for the damage to the victim and the community and to make up the past, to understand his/her bad behavior and ultimately to improve and to rehabilitate physically and mentally. Regarding the emergence of theory of having an agreement on criminal justice, the question is arisen that is it possible to use the agreed punishments for the crimes that deserve hadd? In the present article, in addition to emphasizing the existence of religious jurisprudential principles and non-negligence of the executive challenges, the possibility of the case execution of the theory in the hadd crimes has been concluded.

The Pyramid Companies phenomenon with its very own destructive effect has emerged in Iran under the pretense of network marketing and electronic trading development. In 2005, during the process of criminalisation of these businesses, a single article was added to the Penal Code for those who Disrupt The Economic System. However, the increase in the number of cases, revealed that this article did not work effectively. Therefore, paying attention to the understanding of the reasons and applying non-criminal reactions seem necessary. Individual factors such as greed, the lack of knowledge, the desire of becoming independent and earning more money together with problems arising out of a business environment with no sense of economical security will cause such crimes. Economical and social system factors such as unemployment, the lack of meritocracy will also eventually lead to such criminal offense. Respecting the economical and social rights of people in the society, training them and developing the culture for improving the individual personality in the form of Social Prevention, supporting the network marketing and consumers rights in the form of Situational Prevention are those non-criminal approaches that can be useful.

Like any other branch of the human sciences, criminology, is based on western theories. However, since Islam guarantees man`s prosperity, it necessitates that criminology be analyzed from Islamic scholars` point of view. Allameh Tabatabaei`s view on this topic is reviewed in the paper. This study aims at recognizing the views of Allameh Tabatabaei about crime and its factors and the ways to prevent it. Using an analytical-descriptive method, Allameh Tabatabaei`s views are mostly extracted from ((Tafsir al-Mizan)). Allameh believes that actions that are followed by a punishment are sin. In this definition, sin has a close relationship with crime. He believes that the main root of all the sins is ignorance of Allah and his position and not believing in the hereafter. Allameh also mentions other factors like, absolute wretchedness and untold riches. He believes the best way to prevent the crime is virtuous human morale based on monotheism.

Convict’s right to self-determination in a penal case is a privilege granted by a judicial authority according to laws and after fulfilling particular conditions to the convict and based on which the convict specifies his fate in the penal case. In the Islamic Law as well as in Iranian Law, this right has a particular place and, in binding and guiding statements of human rights and UN rules, it has been mentioned as well. The present article aims to discuss foundations as well as effects of granting such a right of self-determination to the convict fate in a penal case and challenges faced by it. Thus, to attain their goal, the authors adopt a descriptive-analytic methodology to discuss and explain foundations and general, penological, and craniological arguments for using such a right and its effects in trials. The authors come to the conclusion that this way of judging may be used in the context of most penological and criminological theories. Granting identity to the convict, accelerating penal proceedings, preventing [unnecessary] penalties, and reducing making uses of sanctions for execution of such penalties as well as reducing costs borne by the system of penal justice, increasing punctuality in proceedings, and increasing people’s trust in judicial system are among benefits of granting such a right to the convict.