نشریه فقه جزای تطبیقی
سال چهارم شماره 1 (بهار 1403)

Volition as an important component of the psychological element of crime is one of the important issues of criminal law, whose role in the realization of criminal responsibility has different dimensions and has always been the solution of debates and opinions. In this article, an attempt has been made to examine the role of volition in criminal responsibility from the perspective of Iranian and French jurisprudence and law. The current article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings indicate that both in Iranian jurisprudence and French law, although material behavior is necessary for the realization of criminal responsibility, it is not sufficient and it is necessary that this behavior is done with free volition. Therefore, if the perpetrator does not have the volition to carry out that behavior, no type of criminal responsibility volition be realized. In fact, the basis of criminal responsibility is the volition of the behavior. If a person does not have the right to freely choose his own behavior, which means that he lacks freedom of volition or there is no opportunity for him to choose his behavior, then he cannot be held criminally responsible. In Iranian jurisprudence and law, lack of volition in cases such as coercion, reluctance, sleep and anesthesia is a civil liability. In French law, coercion in a way that is out of tolerance, as well as drunkenness and any mental disorder that destroys the volition, are responsible for blasphemy. Of course, in both Iranian and French laws, in cases such as drunkenness, the removal of responsibility does not mean the removal of compensation, and the perpetrator must compensate the damage caused to the victim.

In jurisprudence, due to the abhorrence of adultery in Sharia, different rulings have been considered for children born out of wedlock. One of these rulings is about the blood price of an illegitimate child. Due to the difference in the opinion of the jurists regarding the assumption of the problem, the present article has studied the heritage of written jurisprudence in a descriptive and analytical way in a problem-oriented research and has reached three different points of view: 1- The famous theory that the amount of money considers the natural child equal to other people; 2- The view of a group of scholars who believe that such a person's dowry is equal to a dhimmi disbeliever; 3- Shazi's point of view, which basically does not believe in the obligation of money in assuming the problem. In the present research, after the detailed counting of the statements in the issue as well as the documentation of each of the above opinions, in the end, the second view which is attributed to a number of the predecessors of the Imamiyyah is considered to have a solid basis and shows the result of the arguments of the chapter. Famous and Shaz's words are not in question.

The dominance of postmodernism in the life of human societies, and the introduction of various variables into people's lives, has led to the complexity of human relationships. One of the important issues in this field is the increase in tension and violence, among which one of the most important instances of violence is domestic violence. Domestic violence has different dimensions and examples, including violence against women, violence against children and adolescents, etc. The present study, which has been conducted through the descriptive-analytical method, will evaluate the criminalization basics of this phenomenon in Iran's legal system and Jaʽfari jurisprudence. The present study shows that despite appearances, some rules such as correction permit of children and adolescents are prohibited in the framework of the ruling jurisprudence-legal system, and all instances of violence against children and adolescents are prohibited, and the existence of special educational-educational rulings does not provide permission for violence against children and adolescents.

According to the theory of social control, having a job is time-consuming and a person who has a job will not have time to engage in crime, if he suffers from a strong external constraint, he will choose an aggressive act or Homicide. The aim is to evaluate the effect of the unemployment index on the occurrence of Homicide between countries for 24 selected countries and to estimate its regression separately for Iran and compare the results. The research method is a descriptive survey. The statistical population is all the countries of the world. The sample size is 23 developed countries and Iran. The sampling method is a survey. The variables of human development degree, inflation rate, unemployment rate and percentage of urban population have been used. The data were extracted from the Human Development Report of the United Nations, the World Bank and the World Health Organization during the period of 1990-2018 and the economic model of Homicide was estimated from the balanced panel data technique. The findings showed that the variable coefficient of the percentage of the urban population is meaningless and a disturbing variable, so it was removed from the model. The results of the re-estimation of the model showed that the human development index of the countries has the greatest effect on the occurrence of Homicide and the unemployment rate and the inflation rate are in the next categories respectively. The comparison of the results showed that the unemployment rate coefficient is more than three times the inflation rate coefficient, the importance of the unemployment rate in preventing murder is greater than inflation. The estimation results of the model for Iran are completely consistent with the regression results obtained for the group of countries. In Iran, the unemployment rate is higher than the group of countries.

Today, administrative and economic corruption is one of the challenges of society and the administrative and political system of Iran. At the same time, in the statement of the second step of the Islamic Revolution, the Supreme Leader outlined the requirements for the realization of this great ideal, in line with the realization of the new Islamic civilization. In the present paper, an attempt has been made to investigate the importance of the approach of the statement of the second step of the Islamic Revolution to economic and administrative corruption and the mechanisms of its prevention in Iran's criminal law. The present paper is descriptive and analytical using the library method. The results of the study show that the declaration of the second step of the Islamic revolution in its fourth recommendation considers justice and the fight against corruption to be necessary for each other and considers the lack of political and economic health as a factor affecting the legitimacy of the system. From the point of view of the statement of the second step, justice and the fight against corruption can be given serious attention as one of the clear bases for the planning of the executive officials to fulfill the demands of the leadership and take a step towards the creation of a new Islamic civilization. In addition, many laws have been established in criminal law to prevent economic and administrative corruption in criminal and non-criminal forms. Fines and imprisonment are among the most important examples of criminal prevention and supervision and efforts for economic privatization are among the most important non-criminal mechanisms for preventing economic and administrative corruption. Indeed, the existing laws need to be revised due to fragmentation.

One of the most important legal developments, which has become a source of legal dispute and controversy, due to the appearance of Sharia prescribed punishments in the Islamic Penal Code approved in 1392, is the concept, examples and effects of this type of punishment, which is based on the similarity of prescribed punishment with the limit and the concern of non-applicability. According to the approach of the legislator, in line with the evolution of the concept and scope of Ta'azir, since 2013 and according to the note two of Article 115 of the Islamic Penal Code, the legislator tried to present a new separation of Ta'azir into two types of Sharia-mandated and non-mandated punishments. Significant legal effects such as the rule of prohibiting retrials, granting judicial immunity in minor crimes, issuing orders to postpone the issuance of sentences, suspending the execution of punishment, reducing the punishment of children and adolescents to at least half if there are mitigating factors and the expiration of the prosecution time, giving up on the Shariah punishments. has been This is while the concept and examples of Ta’azir prescribed by Shari'ah are still the subject of controversy and the above-mentioned separation has led to the abrogation of the law. In this article, in order to examine the mentioned issue, while presenting the concept and scope of Ta'zir according to Shari'ah, the examples and effects of this legislator's approach in the evolution of Ta'zir are analyzed and analyzed, and suggestions are made in order to solve it.