نشریه مطالعات حقوق کیفری و جرم شناسی
سال پنجاه و سوم شماره 2 (پاییز و زمستان 1402)

Utilitarianism and retributivism, theories have important propositions both regarding criminalization and punishment. Many times, the analyses and the results that are obtained pass by the criminal investigation of criminal liability in the philosophical system of these theories have special importance. Criminal responsibility has components that both their number and their meaning are different in different crimes. One of the components of criminal responsibility is the age requirement. Utilitarianism seeks expediency and prevention of crime by using deterrence, rehabilitation and incapacitation of the criminal. Therefore, educational measures are expected at younger ages. As the age increases, the responsibility gradually becomes complete. Therefore, the age is a component of criminal responsibility for utilitarians. On the other hand, retributivism based on merit considers intellectual development as the age component of criminal responsibility.The Penal Code is consistent with utilitarianism in the crimes that are called ‘Ta'ziri’, and it is consistent with punitiveness in the crimes that are called ‘Had’ and ‘Qesas’. When judging the reactions of articles 88 and 89, the judge should issue appropriate sentences considering the purpose of intimidation, correction and incapacitation. In Had and Qesas, the judge is obliged to obtain the opinion of an expert on intellectual growth. in Article 91 intellectual growth is the age component of criminal responsibility, and it should not be taken into account only in case of doubt and as an exception in determining the criminal responsibility of children.

Human rights refer to values and norms that belong to human nature, regardless of ethnic, linguistic, national or religious affiliations. These values have had important effects on Afghanistan's political and legal structure. One of these is the impact of human rights ideas on the Penal Institution. The present study uses the method of descriptive analysis and discourse analysis to examine the impact of human rights ideas and tendencies on the changes in punishment in Afghanistan. The results indicate that punishment in Afghanistan has gone through a long history, sometimes at the height of criminal violence and at times the lowest level of violent crimes. This issue is affected by many causes and factors, one of which is the issue of human rights and human rights tendencies. Whenever the human rights discourse has entered the Afghan criminal law discourse either formally or externally, there has also been a temporary and apparent change in the way of imposing and executing punishments. The elimination of flogging from criminal law, restrictions on cases and methods of death penalty and moving towards alternative imprisonment punishments are among the most important developments of penal punishment in Afghanistan, which, due to the pressures of the international community and human rights institutions, on the one hand, has caused a relative change in political, legal, cultural and social structure on the other hand, and especially during the last two decades.

The reporting of suspicious transactions, emphasized in Recommendation 20 of the FATF, is considered the cornerstone of the fight against money laundering, and the success of all anti-money laundering measures depends on it. Therefore, the present study employs a descriptive-analytical approach with the aim of familiarizing the reader with the requirements for reporting suspicious transactions related to money laundering and examines the legal, jurisprudential, and executive obstacles that impede the reporting of suspicious transactions. In conclusion, the study investigates the position of Iran in comparison with global standards and highlights the most significant legal, jurisprudential, and executive challenges facing the reporting of suspicious transactions. The findings indicate that in the anti-money laundering regulations of Iran, especially in the amended law on combating money laundering ratified in 2018 and its executive directive of Article 14 ratified in 2019, necessary measures have been taken in line with international standards to report suspicious transactions, and the necessary structures have been established. However, professional secrecy rules, the principle of validity, Presumption of possession, policies related to capital attraction in banks, and high compliance costs with anti-money laundering standards may overshadow this important principle in the fight against money laundering and may cause disruption in the desirable path of reporting suspicious transactions.

Throughout history, punishments have undergone significant changes as a result of being a social institution and phenomenon, with the types and severity of punishments being influenced by historical and social developments. When discussing the evolution of punishments in European legal literature and related works, the focus is typically on the progression and alterations in legal punishments, often referred to as "state punishments" today. However, the nature of punishments in Iran has been distinct, especially prior to the establishment of a codified law that would allow for the examination of the evolution of state punishments. This period marked a notable and substantial transformation in Iran's criminal history when punishment became legally institutionalized in the Constitution, followed by the introduction of the Customary Penal Code of 1295. Despite efforts by thinkers and officials, such as Amir Kabir and Mirzā Hossein Khān-e Sepahsālār, to reform the penal system, including punishments, progress was slow prior to the rise of constitutionalism and public concerns about the legalization of punishments. It was the shift in cultural values, whether through the emergence of new values or the reordering of existing cultural values that ultimately paved the way for the legalization of punishments. Therefore, it is important to explore how cultural values justified the irregularity of punishments during this period and examine how changes in these cultural values led to the systematization and codification of the punishment system. This research posits that the prominent issue in this era is the changing cultural values, particularly the growing societal insistence on law enforcement, which can be seen as the primary catalyst for the legalization of punishments.

Facing the criminal phenomenon and controlling its rate requires the participation of society. Therefore, crime prevention that just applied from official institution alone cannot have an acceptable effect. The power of the community in the prevention of crimes has been taken into consideration by the countries in parallel with the government powers. This concept will have a most impact in relation to the preventive measures of monitoring especially about prevention of economic crimes. Because supervision in this area requires the presence of the supervisor in the ground of economic activities, and this will be too difficult without the participation of the community. The possibility of society's involvement in the prevention of economic crime through surveillance is highly dependent on the type of criminal policy approach to this issue. The fundamental issue of this research is to examine theoretical and practical bases for applying community supervision in order to prevent economic crimes in Iran's criminal policy. This research is based on available data and using method This letter, using the descriptive method has found that preventive surveillance based on Iran's criminal policy model is a government-owned tool, and this is one of the most important factors in the ineffectiveness of preventive surveillance measures against economic crimes in Iran.  Therefore, the clear proposal of this research is a fundamental change in the approach of criminal policy to the supervisory capacities of society.

The virtue ethics theory emphasizes various factors such as moral traits and the role of motives in the actions of a moral agent, which are assessed based on the agent's character and analysis of his regret. This theory offers a distinct interpretation of ignorance and introduces a novel perspective on the criteria for assigning blame to behaviors stemming from ignorance. Consequently, this theory suggests the appropriate treatment of individuals who act out of ignorance. Employing a descriptive-analytical approach, this article seeks to ascertain the appropriate response to individuals who act out of ignorance and examines the role of regret and vices of character in determining criminal responsibility from the standpoint of virtue ethics.Based on the research findings, actions resulting from ignorance of particulars are deemed involuntary. When an ignorant individual is not responsible for his ignorance and regrets his inappropriate behavior, he cannot be held criminally responsible. However, if the individual lacks remorse despite his ignorance, he may not be culpable for his lack of knowledge but may still incur anger and resentment. Legally, this resentment can manifest in the form of security measures. When an individual is responsible for his ignorance, he can be blamed for his lack of knowledge, although the actions resulting from his ignorance are not morally blameworthy. Nevertheless, given the significance of social considerations in criminal responsibility, these actions may be subject to reproach based on the requirements of criminal justice, particularly if the individual does not express regret for committing the crime.