پژوهشنامه حقوق کیفری
سال چهاردهم شماره 2 (پیاپی 28، پاییز و زمستان 1402)

This article, with a descriptive-analytical method, tries to answer the question of whether in Iran's legal system, the criminal policy of the Estiza Foundation has been fair and effective in dealing with and fighting the crime of disrupting the economic system. Therefore, while referring to the process of approval of Istiza, the challenges of Istizia in 1397 and 1399 have been examined and finally, their function as well as their strengths and weaknesses have been evaluated. The findings indicate the inefficiency of the judicial criminal policy and the failure to achieve the desired result in curbing the crime through its implementation and restricting the rights of the accused. Therefore, measured and scientific methods in the fight against economic corruption should replace the symbolic emphasis on the "war on corruption" and a fair and discriminatory judicial system for economic crimes should be designed and approved in the light of legislative criminal policy in the form of a comprehensive plan or bill.

The term "Public service officers" is mentioned in several examples of economic crimes in criminal laws, but its meaning and examples have been ambiguous due to the repeal of the law on the trial and punishment of public service officers. Although according to the unanimous decision number 798 of the General Board of the Supreme Court, the employees of private banks are examples of public service officers and the subject of the crime of Article 598 of the Penal Code, the said decision cannot explain the concept and examples of public service officers and its effects have added to the ambiguity of the issue. To respond to the evolution of the concept and examples of public service officers, this article along with the pathology of judgmental procedure, the transformation of the scope and examples of public service officers after the issuance of the unanimous decision, and finally the solution to the legal refinement of this ambiguity, through approval The new single article is proposed, to solve the mentioned challenge.

Justice is one of the most important demands of humanity, and the hope of realizing it is more in the courts than anywhere else. Citizens expect the statute to be implemented fairly and for all people, but it is known among jurists that in many cases, the fair implementation of the statute depends on a fair interpretation. While justice-based interpretation has been a topic of discourse in civil law, this article probes into the possibility of extending its applicability to criminal law.? Despite the superior principles of interpretation in criminal law (such as the principle of narrow interpretation, interpretation for the benefit of the accused, etc.), the question arises: Can justice-based interpretation find a place within the logical framework of criminal law? If the answer is positive, what are the conditions of justice-based interpretation in criminal law? The article hypothesizes that in criminal law and the light of its legal logic, it is possible to have a justice-based interpretation of the relevant statutes, but in this direction, the judge must use fair capacities such as the principles of interpretation of criminal statutes that are in the constitution and ordinary statutes or even doctrine opinions The article asserts that the expression “justice-based interpretation” should not be invoked independently and for a subjective interpretation.

The principle of the legality prosecution of all crimes by the public prosecutor's office has been modified and supplemented with the principle of necessity of criminal prosecution, in such a way that today in the framework of the criminal procedure regulations of the legal system, the latter principle cannot be found.. Article 40 of the Criminal Procedure Law France stipulates that the prosecutor receives complaints and reports of crimes and evaluates their follow-up and prosecution, and immediately in the next regulations, alternatives to criminal prosecution and the rules governing them are discussed. The four alternatives to criminal prosecution ( simple case filing, plea bargaining, judicial agreement, and criminal compromise) in the French criminal procedure and the judicial procedure of this country have faced many ups and downs to the extent that the legislator in recent years tends to eliminate some of them and strengthening and making some others more efficient.

Formulation of a comprehensive and coherent criminal policy regarding alcohol-related offenses is very important. Iran's legislative criminal policy, based on the prohibition of alcohol consumption, with an emphasis on the theory of absolute criminalization, has attempted to criminalize all behaviors related to it. However, the existence of some legislative gaps and challenges and lack of coherence in jurisprudence in some relevant dimensions raises doubt about the integration. Due to the lack of an initial prohibition on alcohol consumption, the legislative criminal policy of England has adopted a type of legalization and supervisory approach and uses the criminal justice system to control certain behaviors related to alcohol. In the law of this country, various instances of alcohol-related behaviors that are mainly antisocial in nature have been criminalized, and offenses related to drunk driving are among the most important ones. This article uses descriptive and analytical methods to study and evaluate the legislative and judicial criminal policy of these two countries regarding alcohol-related offenses.

Iran's new criminal policy in the legislative, judicial, and executive dimensions is in line with the rapprochement. On the other hand, the individualization of the execution of the punishment guarantees the reformative goals of the punishment. The present article emphasizes the necessity of "combining the policy of individualization of punishment with the criminal policy of rapprochement in the light of the role of the execution judge".The question Is: to what extent do the current powers provide the possibility of adapting the execution of the punishment to the personal, family, and social conditions of the criminal in line with the arbitrary criminal policy? In this article, in a descriptive-analytical way, the discretionary authority of the judge in the execution of the sentences has been criticized and analyzed from the perspective of arbitrary criminal policy. The findings of the research show that the authority of the judge to execute sentences is defined only in the framework of "primary exclusion" - based on the individual characteristics of the convicted person, while le the individualization of fraternity requires the creation of "secondary exclusion" mechanisms - based on conditions outside the personality of the convicted person and her/his behavior during the execution of the sentence.

Fear of the older sibling's position in sibling relationships can lead to various negative consequences, including domestic violence within the family. Therefore, the development of appropriate preventive policies to control and reduce the fear of this position can have a direct impact on reducing domestic violence and strengthening the foundation of the family. This study, conducted in 2022 using the Q-methodology and purposive sampling, aimed to identify the influential factors in the formation of bullying resulting from the fear of the older sibling's position. The findings of this research indicate that nine factors (mental patterns) with a cumulative variance of 34.78% play a key role in creating fear of the risk of bullying from the older sibling. Moreover, the inferential results of factor analysis suggest a significant relationship between bullying resulting from the fear of the older sibling's position and factors such as "intimate relationships, discrimination among siblings, age and gender, culture, power imbalance, vulnerability assumption, lack of self-esteem, instrumental violence, and lack of knowledge and skills."

This study aims to analyze the impact of the implementation of the anti-money laundering law on the detection of the origin crime and the prevention of economic crimes. The statistical population was determined by tax, banking, and justice experts, among whom 54 people were selected in a targeted way. Data was collected using a researcher-made questionnaire and its reliability and validity were confirmed. The research hypotheses were tested using the structural equation modeling approach. The results show that the implementation of the anti-money laundering law by the banking and tax systems did not have a significant effect on the detection of the origin crime and the prevention of economic crimes. Also, the impact of the independent variable directly and through the mediator variable is not significant, and the model lacks predictive power. It seems that the reasons for the failure of the implementation of the anti-money laundering law are the existence of jurisprudential and legal contradictions in the existing law, precedence of proving the origin of crime before proving the crime of money laundering, the lack of coordination of institutions, technical problems in the tax and banking system, and the lack of cooperation with the judicial system.

The complexity of corporate crimes in the field of consumption, the extent of their victims, and the ineffectiveness of traditional punishments have made it difficult to deal with these crimes. Dealing with corporate crimes outside the criminal justice system and restoring the processes, in addition to supporting the victims, can prevent damage to the reputation and credibility of companies. This research wants to investigate the possibility of using restorative methods in dealing with corporate crime in a descriptive-analytical way and concerning library sources. The findings of the research indicate that regarding corporate crimes, it is possible to apply restorative mechanisms through the use of a horizontal approach along with a vertical approach and strengthening the responses according to the needs of the victims. To overcome the challenges of the classical restorative methods, it is necessary to use new effects, such as the use of mediation structures and the online dispute resolution system.

The aim of this paper is to defend the following thesis: It is rational to believe that the right to life is restrictively a Divine right and not a human right; that is, only God has the (moral/legal/religious) authority to make and issue the laws surrounding life and death. This paper is structured as follows: after some introductory points are given, two arguments in favor of the above thesis will be formulated; the first argument is based on the fallibility of human knowledge and judgment, and the second argument is based on the rejection of the human right to life because of its implausible implications. Finally, some implications and advantages of the favored thesis will be explained briefly.

The crime against the fetus is not limited to abortion; Rather, it has different types. One of these types is the crime that leads to the creation of works after birth. After years of silence about these crimes, in 2012, the legislator addressed them in a note to Article 306 of the Islamic Penal Code. According to this note, there is a possibility of retribution for committing crimes that lead to the creation of works after birth; This is even though in the article itself, the proof of retribution in crimes against the fetus is ruled out. This point causes the question of whether there is a contradiction between the article and the note, or whether the legislator has excluded these crimes from the scope of Article 306 for some reason, and also the reason and basis for proving retribution in the note, considering its flaws and gaps. It is a serious question. The information in this research was collected by searching library sources and analyzed in a descriptive-analytical way. The findings show that there is no contradiction between the article and the note and their status was based on jurisprudence and some forms of crime. Although the enactment of Article 306 and its note is a new measure regarding crimes that lead to the creation of effects after birth, and its fruit is to prevent crime and strengthen the deterrent aspect of the law, it is suggested to take measures as soon as possible to fix the problems of the note and eliminate the contradictions. It should be provided and its loopholes should be taken into consideration by the legislator.

For a long time, the realization of justice has been the most important Objective of governments, and the most fundamental element of achieving this goal is easy access for people to an efficient judicial system; The requirement to achieve this is to deal with lawsuits within a conventional deadline. However, the problem is that several factors have affected the functioning of judicial systems and the existence of some inadequacies has caused the failure of impartial proceedings and the Appearance of a problem known as delayed proceedings. This research aims to identify the factors affecting this problem and provide a solution to solve it by studying the issue of judicial delay proceedings. The results indicate that the aforementioned problem arises from various causes such as the scientific and functional weaknesses persons related to the proceedings and the inefficiency of formal and substantive laws, and adopting measures in these fields can help solve the problem.