نشریه فقه جزای تطبیقی
سال یکم شماره 3 (پاییز 1400)

Death Penalty is the most severe social and legal response to crimes that are against the interests and security of society. This punishment is the end point of a human life. Although the criminal policy of societies, based on the principle of proportionality of crime and punishment, has legislated this punishment, but this attitude is in complete contradiction with other criminal policies, including the effectiveness of punishment and the correctional and educational aspect of punishment for the offender. In Islamic jurisprudence, crimes punishable by death are few and mostly include Qesas and Hadds. Although the basis of legislation in Iran is on Shiite jurisprudence, the Iranian legislator, due to social requirements has acted contrary. The legislator’s current approach is to reduce executions. The Iraqi legal system is more customary, with executions being reduced to some extent in amendments to the country's penal code, including the death penalty, security-related crimes (domestic and international), and terrorist crimes. For this research data collection done by documentary method and by studying valid laws and sources and the obtained information has been analyzed descriptively-analytically.

Legal causation in the Western context provides a systematic manifestation of an intellectual apparatus. A system that is not sufficient in terms of content, despite conforming to the formal boundaries of modern knowledge and determining the appropriate place to discuss similar concepts. On the other hand, a similar current of thought among Imami jurists has carefully developed many of these concepts, including causality, which, of course, without the form and framework of modern knowledge, seems very irregular. The combination of these two approaches, which meet in the foundations of the conventional cause view, promotes the form and content: In sum, the human cause with other natural causes of a phenomenon, if the result occurs directly from the behavior of the human agent, there is no doubt to attribute the result to him. In indirect damages, mental elements help the jurist to measure the ratio of harmful consequences to the perpetrator's behavior and other natural factors in a reasoned, justifiable and explainable system. Predicting loss When it is probable and also when it is actually predicted by the perpetrator, the knowledge of the perpetrator of the loss, although typically unpredictable, and the intent of the perpetrator to cause the loss as it occurred; Although he has only looked at his own fortune and has acted in its direction, however small; The basic elements of attributing the results to the behavior of the agent are in the causal chain, which is extracted from the perspective of the conventional cause and similar principles in Imami jurisprudence.

Jurists of the Imami school disagree on whether the murderer's retribution is determined or optional. Some believe that the primary punishment for murder is specifically Qesas and receiving blood money is conditional on the agreement of Vali Dam with the murderer. Most Shiite jurists seem to have shown willingness to first one. However, some, such as Ibn Junaid, have chosen the second promise. Ayatollah Khoei and Imam Khomeini have also given Fatwas in accordance with the well-known opinions of jurists. The Islamic Penal Code of 2013, in Articles 359, 362 and 381, refers to both in this respect.

The aim of this study was to investigate the developments about victims’ rights in criminal law in light of criminal procedure law. Victim as one of the most important pillars of the criminal phenomenon has not yet found its real and decisive position in the criminal policy of societies. Criminal researchers have focused their utmost on elements such as crime, offender, and punishment, and as a result, victims of crime or crimes, which often play an effective role in the occurrence of crime, have remained out of sight. With the advent of victimology knowledge in recent decades, great steps have been taken to scientifically study the victims and to identify their characteristics and performance in a crime. In addition, the prominence of human rights issues through the adoption of global and regional documents and regulations on criminals and victims has provided a suitable platform for serious attention to the status of victims in national criminal justice systems. For this reason, material and spiritual protections of victims such as compensation fund, psychological and medical support are seen in the Criminal Procedure Code of 2013.

The right to freedom and the right to safety are among the human rights that are always accompanied by many theoretical challenges. From an executive point of view, there are many obstacles and uncertainties, including common areas of safety and freedom in criminal law, especially in Criminal Procedure Code. Therefore, in this paper, we have tried to discuss the relations between freedom and safety in the procedure laws approved in Post-Revolutionary Iran while presenting fundamental conceptual issues and presenting the existing relations between these two rights from the perspective of Islamic religion, as the basis of penal laws in Iran. From this descriptive-analytical study, it was concluded that in Islam, three types of relationship between security and freedom are imaginable. It can also be acknowledged that the Criminal Procedure Code of 2013 has eliminated all previous legal defects and ambiguities regarding the enjoyment of personal freedom and safety. By completely eliminating the issuance of mandatory temporary detention appointments, as well as the elimination of all mandatory detention appointments in certain laws, except for laws governing crimes of the armed forces, the law emphasizes the necessity of justifying temporary detention, reducing the detention period, the rights of individuals to review the legality of their detention and requesting their release, and protesting the right of individuals to arrest or detain themselves.

This study examined the role of social networks in the juvenile crime. The study was descriptive. The instruments consisted of a questionnaire of 30 questions was made by researcher. The study population consisted of all adolescent in Tabriz who used social networks. The sample in this study adolescents in society that use of social networks that Systematic random sampling method, 220 of them responded to the questionnaire. To analyze the data Descriptive analysis, t test and spearman correlation was used. The results of this analysis showed that there is a significance differences between boys and girls that using social networks (p<0/01), and girls tending more juvenile crime. Also, violence was the most juvenile crime that adolescents facing with. Other Result of this Research shows There is a significant Relation between using social networks and juvenile crime (sig=0.346). In fact, using more social networks can affect juvenile crime and increase it.

One of the most essential issues for the implementation of the penal provisions of Islam, including the Hadd of adultery, is to prove it. Due to the problem of adultery in today's society and the existence of differences in the jurisprudential opinions of Islamic religion branches, the question arises as to how the Islamic religions agree or disagree in proving the extent of adultery? In this article, using the library review method, the researcher has stated the way to prove the extent of adultery between the five religions and then, he has applied to match its arguments. In Imami criminal jurisprudence, proof of the Hadd for adulterer is realized through four times confession of the guilty or the testimony of the witnesses and also among the Sunnis, all of them agree to prove the crime of adultery through the confession of the adulterer and adulteress,  as well as the testimony of the witnesses. Despite the differences between the religion branches, the Fatwas of the Imami and Sunni jurists do not differ in general, but in most cases there is a consensus.

The amount of Diyah in Islamic jurisprudence is specified by Shar'a. Its determination also conforms to its own three rules. However, the difference in the amount of it based on the gender of victim is itself disputed by jurists. The famous opinion confirms the equality of blood money for men and women up to one-third, and more than that, it causes the amount of Diyah to fall by half. According to the opposite view, in the Qur'an, Diyah is mentioned only in one verse and there is no mention of men and women and the difference between their Diyah. Hadiths cited by well-known jurists are also contrary to common sense in addition to problems in the text. However, there is a consensus about woman's blood money towards the man.

When the rights of the defendant are violated or denied. The plaintiff, in order to oblige the defendant to return the right or to accept it, resorts to a lawsuit that ethics requires that the defendant's right not be violated as a result of any unsupported lawsuit. The legislator, in order to provide legal and moral protection and to protect the rights of the defendant, and in case the plaintiff is sentenced to injustice, can receive damages resulting from the plaintiff's lawsuit or execution of the sentence. For this purpose, it has been predicted to obtain security. The purpose of this article is to examine the cases of obtaining security from the plaintiff in civil lawsuits. In this article, it has been prepared and compiled using descriptive-analytical method using library methods and using library resources. The findings indicate that; The legislature has proposed an establishment in the Code of Civil Procedure so that the defendant can seize the equivalent of the damages from the property of the plaintiff. This establishment can be described as obtaining security. In addition, these findings of the research show that the possibility of obtaining security from the applicant requires taking the conditions set by the legislator. The security institution is intended for cases in which in the future, due to a lawsuit filed by the defendant, the defendant will not be deprived of his right, and moral teachings emphasize the legislator's protection of the defendant in similar cases. The defendant in the lawsuit, in cases such as fictitious lawsuits and lawsuits of foreign nationals, and in the reviewing authorities of the lawsuit, including the first instance, appeal, appeal, third party objection and retrial, will be obtained from the defendant at the defendant's request. The security institution is intended for cases in which in the future, due to a lawsuit filed by the defendant, the defendant will not be deprived of his right, and moral teachings emphasize the legislator's protection of the defendant in similar cases. The defendant in the lawsuit, in cases such as fictitious lawsuits and lawsuits of foreign nationals, and in the reviewing authorities of the lawsuit, including the first instance, appeal, appeal, third party objection and retrial, will be obtained from the defendant at the defendant's request.

The Kulbary phenomenon has always been followed by the general policies of the criminal system, because it has faced a lot of hardship and difficulty and high risks, and many residents of border regions turn to it to escape unemployment. Today, this phenomenon, in addition to being a serious threat to free trade, imposes a lot of costs on the country's economic body. In this paper, using library method, we examined the main question that the dominant aspect of Iran's criminal policy toward the Kulbari phenomenon is based on repressive or preventive measures? The findings indicate that it seems that the dominant aspect of Iran's criminal policy toward the Kulbari phenomenon is based on preventive measures. The findings also showed that there is no precise definition of the concept of Smuggling in legal texts, which can add to the ambiguity about the criminality of this phenomenon.