نشریه فقه جزای تطبیقی
سال دوم شماره 4 (زمستان 1401)

Recent technological advances have made it easy to produce videos called "deepfakes" using human face swaps. Deepfakes are the product of artificial intelligence (AI) applications that merge, combine, replace, and superimpose images and video clips to create fake videos that appear authentic. The widespread and destructive use of this technology on the one hand and the ease of using the technology have caused it to be used for illegitimate and illegal purposes. Deepfakes were used for public policy or entertainment, but in the future it is likely to be used for personal and political vengeance and non - realistic political propaganda. These destructive effects highlight the necessity of criminalization of misuse of it. Some countries, such as the United States, have begun ratification of the laws of combating deepfakes at the state and then federal levels. In the European Union, the three countries (France, Germany and Spain) have adopted national regulations directly or indirectly related to this area. In Iran, according to the law of computer crimes, the spread of false video is considered to be a spreading scandal and if its content causes the defamation of persons, it will also be prosecuted under this criminal title. If the content of production and propagation through deepfakes is obscene, it

The increasing progress and development of industry in the third millennium AD has led to the emergence of new technologies in the world. One of these emerging technologies is the complex HAARP Technology, which has various applications and its creators use it against humanity. One of the most important and widely used of them is forced thinking or mental slavery, because in the present era, the Cold War has given way to the war of wills. On the other hand, in terms of its novelty and secrecy, it is somewhat impossible to prove and has faced challenges for the international community. The most important challenge is not to criminalize it, which has been neglected. The religion of Islam, as a complete religion, is passive and reactive to any action. According to the rules of jurisprudence that the holy Shari'a of Islam, the induction of thought is legally forbidden and its criminalization seems necessary. The main purpose of this article is to study the jurisprudence of forced thinking caused by HAARP Technology and the necessity of its criminalization. The research method is descriptive and analytical. The method of research is qualitative and the research findings indicate that forced thinking is not allowed and its criminalization is necessary.

Qisas (Retaliation) and the owners of the right to Qisas is one of the important issues of jurisprudence and criminal law, which encompasses an important part of the topics related to punishments. According to the importance and determining role of Muoghaddas Ardabili in Shia jurisprudence on one hand and the issues related to Qisas on the other hand, in this paper, an attempt is made to address this important question that how is Qisas from the viewpoint of Muoghaddas Ardabili's and the Islamic Penal Law, especially regarding owners of the right to Qisas? This paper is descriptive and analytical, and the mentioned question is investigated using the library method. The findings indicate that the viewpoint of Muoghaddas Ardabili regarding Qisas and the owners of the right to Qisas is mostly consistent with the famous and dominant view of the jurists and since the Islamic Penal Law has also been compiled in accordance with the dominant and famous view of the jurists, therefore there is a kind of compatibility between his point of view and the Islamic Penal Law.

The Statute of the International Criminal Court allows the victims whose personal interests have been damaged by the occurrence of crimes under the jurisdiction of the Court, under certain conditions, to participate in the proceedings. This issue has been explained more precisely in the provisions of the court's rules of procedure and evidence, as well as the judicial procedure of this authority. Also, the intervention of the victims in the criminal proceedings before the court has been specified. The focus on the rights of the victims and issues related to them in the International Criminal Court is much more than in the courts of Yugoslavia and Rwanda. Attention to the rights of victims has increased in international and internationalized criminal authorities that were established after the International Criminal Court. In total, there are two approaches regarding the provisions of the Court's statute regarding the participation of the victims; The first point of view has a positive view of this issue, but the second point of view considers this participation as having bad effects on international criminal proceedings.

Observing the rights of litigants in the criminal justice system indicates the importance that governments attach to fair trials. The legislator in the Criminal Procedure Code of 2013 seeks to give equal possibility to all parties to the dispute. The right to know a right in many cases is not less important than that right, because many rights are not enforced because they are not known, and the parties cannot defend their rights in a timely manner, and as a result, they become confused. Since most of the plaintiffs, defendants, and witnesses of cases are ordinary persons who do not have the necessary knowledge of these rights, the legislator has obliged the legal authorities, which is one of the most important instances of civil rights, to exercise these rights and obliges the judicial authorities to inform the persons mentioned above.

Human rights, as one of the most important issues in the world today, are always the subject of discussion and opinion. One of the main challenges facing human rights standards is the violation of these standards by governments. The present paper is descriptive and analytical. The findings indicate that from the perspective of international law, the commitment of governments to respect the principles of human rights is due to contractual obligations, mandatory rules, and customs. In various international documents, responsibility of governments and the guarantee of the implementation of these obligations have been specified. The sensitivity is mainly on the violation of fundamental human rights, and the payment of compensation and obtaining the satisfaction of the victim is one of the most important guarantees for the implementation of human rights rules. In jurisprudence, it is possible to accept the criminal responsibility of governments as public law entities, and governments are committed to the implementation of human rights standards if they accept international human rights obligations based on the rule of keeping promises. Violation of human rights rules was accompanied by responsibility for the government, and the government is committed to compensate the victims.

Ilam province, as a border province, has the largest border line with neighboring Iraq, which has led to the smuggling of weapons and access to weapons in the province, and social problems such as murder with firearms occur due to easy access to weapons in the province. Access to firearms in Ilam province has social, cultural, psychological and economic roots. From a social dimension, due to the rule of tribal culture and the possibility of tribal violence and conflict, having weapons is a form of readiness to defend the tribe. From a cultural dimension, in the culture of the people of Ilam province, having firearms is a sign of one's superiority over the other. Psychologically, having weapons spiritually strengthens the sense of superiority and authoritarianism in individuals, and from an economic perspective, unemployment in the province leads to the employment of provincial citizens to smuggle weapons as false jobs.

Alimony for pregnant women and fetuses is one of the important topics that an attempt was made to analyze it in the light of variable verdicts and to examine its criminal sanction. The current paper is descriptive and analytical and has been explored using the library method. The findings of the present paper indicate that alimony of the wife and fetus is the responsibility of the man, but if the woman leaves her husband's house due to her refusal to fulfill her marital duties, her alimony will be reduced, and the fact that the woman is pregnant has no effect on the reduction of her alimony. But the child's father is responsible for maintaining and alimony of the fetus. Regarding the alimony of a pregnant woman, according to the opinion of most jurists and civil law, if a woman is in a retrograde divorce, she is entitled to alimony and during the period of idah, but a divorced woman is entitled to alimony only if she is pregnant. But regarding the alimony of a pregnant woman of dead husband, the woman is not entitled to alimony. The alimony is one of the subjects that are affected by variable sentences due to the consideration of the time requirements and conditions of the wife and the examples of alimony, which are subject to the custom and social conditions of the wife. Husband refusal to pay alimony to wife is punishable by imprisonment penalty.

The principle of equity is one of the important issues in jurisprudence and law, and its various aspects have always been the subject of debate. The present paper is descriptive-analytical, and the mentioned question is investigated using the Library research method. The findings of the paper indicate that equity is widely used in jurisprudence in the form of the principle of justice, and the principle of equity can be inferred in jurisprudence rules such as La-Zarar and Principle of Equality. In criminal law, the principle of equity is not used as a legal principle. Nevertheless, it has contributed in fair proceedings and has been at the center of the attention of the legislature in issuing decisions in cases such as reductions in discretionary crimes. The Principle of Equity has not been reflected in criminal law to its fullest potential, therefore, it is necessary to present it as an effective rule so that jurists and judges can evaluate the regulations of criminal law by such rule, and put aside whatever they find contrary to justice and equity, in an attempt to issue a decision which is appropriate for justice and equity.

Being an environmental guard is the principle that, in addition to the law, should be invoked in the implementation, and depending on the conditions defined for it, he allowed actions such as carrying and using weapons to this group of community jobs. The purpose of the current research is to examine the status of environmental guards as special law enforcement officers. This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. As a result, the environmentalists working in environmental protection are given permission to carry weapons based on the type of mission. According to Article 15 of the Environmental Protection and Improvement Law, environmental guards are considered to be bailiffs if they have been trained in the duties of law enforcement officers in a special class under the supervision of the prosecutor.

Persons with different sexual-gender traits and types (Queers) are considered people with gender disorder, and in this paper, an attempt is made to investigate the victimological approach to these people from the perspective of law. This article is descriptive and analytical, and this issue is investigated using the library method. From the perspective of initial victimology, these people are exposed to being victim for reasons such as depression, personality disorder, and gender identity disorder. From the perspective of secondary victimology, both in the stage of crime detection and preliminary investigation in cases such as participation in the preservation of the scene and examination of the place, and in the stage of criminal proceedings in cases such as the necessity of the presence of a lawyer, openness and speeding up the proceedings and summoning or arresting offenders or victims, attention is required. However, it cannot be said that this is a special and differential support for people with certain sexual and gender characteristics (Queers). Given the vulnerability of Queers, it is necessary for legislator to act a kind of differential and supportive approach towards them.

Targeted killing refers to a series of measures taken by some governments, including the United States and Israel, over the last decades to assassinate suspects of the act of terror. Since these actions lack any legitimacy from the perspective of international law, the countries involved try to make their intentions legitimate using such titles as a preventive legal defence to survive an imminent attack. There has always been some degree of ambiguity in the legitimacy of a targeted killing. On the one hand, it is important to distinguish between peacetime and wartime because, from the perspective of international law, targeted killing is only considered legitimate during the armed conflict and by observing its legal criteria; on the other hand, it is crucial who is assassinated. That's why some individuals, including official authorities, enjoy immunity due to their position, so competent domestic courts are thought of as the only eligible entities which could bring them on trial, let alone if they are murdered without trial. Also, the killing of General Soleimani is facing charges of political murder, which is prohibited both in international law and in the domestic law of the United States. The present research is a descriptive-analytical study. Considering the U.S. assassination attempt to kill General Qasem Soleimani, this research aimed to study different aspects, legitimacy, and prohibition of targeted killing from the perspective of international law, as well as investigate specific features of that crime.