Criminal law and Criminology Studies

Abstract Cyber aggression is one of the crimes that has been discussed in the international legal regime due to the late progress of technology. This qualitative research was conducted in terms of purpose, practical and in terms of gathering information in a documentary way and through laws, international documents, the obtained information was analyzed in a descriptive-analytical form in order to answer this question: if the Jurisdiction of confirmation the cyber aggression by the Security Council is not exclusive, what is the function and influence of the United Nations Security Council on the development of jurisdiction of other authorities such as the International Criminal Court? The findings of the research show that Article 8 of the Statute of the International Criminal Court does not include the actions of private individuals, only if a cyber attack can be considered as an aggression if it is an "armed attack". Law 12 of the Tallinn guidelines is also clear in this regard. The competence of the Security Council in the matter of verifying cyber aggression has precedence and priority, this precedence does not constitute exclusive jurisdiction. The jurisdictional regime of the court in recognizing the crime of aggression in the case of government referrals and appropriate investigations can be applied only after approval or acceptance by each of two aggressor and the alleged victim member state. The Security Council can refer a situation to the International Criminal Court or suspend the prosecution and investigation of the Court temporarily, extendable and obliged for one years.

Abstract Vicarious victim refers to any person who, as a result of seeing, hearing, or being exposed to the news of a crime, suffers mental, psychological, and other injuries that affect the life of such a person. Until today, there has always been talk about the direct victims of crimes and legal protection strategies for them in the laws. Unaware that vicarious victims also need attention from various institutions and the criminal justice system; Because this type of victimization, like direct victimization, is associated with negative effects, and neglecting them and not trying to reduce the negative effects of this type of victimization will be detrimental to the penal system. This article seeks to answer the question of how to provide comprehensive support to vicarious victims in Iran's criminal system, just like direct victims. According to the nature of the subject and the desired goals, the present research is qualitative in terms of type and descriptive and analytical in terms of method. The results show that vicarious victimization has not been properly considered in Iran's criminal system. In order to eliminate the existing gaps in the field of protection of vicarious victims and to try to minimize the risks and complications of this matter, criminological solutions, both therapeutic-supportive and preventive, as well as legal solutions, i.e., passing the law, can be used. Also, various individual and social efforts as well as the efforts of the criminal justice system should target not only the people who are personally victimized, but also those who witness being victimized in their communities. For individuals who experience victimization vicariously, helping to build positive social support networks and enhancing self-esteem may prevent delinquency in general and violent delinquency in particular, as well as reduce the risk of other negative outcomes.

Abstract Although the right of the attendance the people in court according to publicity of the hearing is thought of as a fundamental principles of proceedings and plays a pivotal role in the accomplishment of a fair trial, sometimes publicity does not secure good administration of justice so that a hearing held in camera fits in with the interests of justice in proceedings. Accordingly, there are a few exceptions to the principle of public trial in the international human right system and Iranian criminal system whenever preserving individual or collective interests requires. Aim of this research is to answer the question that how many similarities exist between international human right system and Iranian criminal system in the context of exceptions to the attendance the people in criminal hearing, and also scope, and formalities of their.
The present study was carried out using a descriptive-analytical method and library resources.
      The findings of the research indicate that mention of some exceptions (including interests of justice; religious or ethnic feelings; forgivable offenses) in Iranian criminal system and the international human rights system are not very consistent, but most of the legal examples This issue (including national security, public order, morals, juvenile proceedings, family lawsuits) is coordinated to a large extent in these two systems. Therefore, In general, It has been concluded that despite the unreasonable scope and ambiguity in the meaning and meaning of some of these exceptions, as well as the difference in the scope of some examples and the way they are applied in both systems -which could be attributed to the nature of the governing system in Iran and the international community and their different criteria-; it can be acknowledged that regarding the exceptions of the presence of people in the hearing, the Iranian criminal system and the international human rights system are largely aligned and consistent with each other.

Abstract mmitting domestic homicide by women who have been exposed to intimate partner violence is usually occurred after a long-time experience this event that indicates the inability to divorce or leave violent marital relationship due to legal, social or complicated moral issues explained by BWS theory. Then, it raises the question of applying some criminal defenses like self-defense and provocation to these cases debated by studying samples from Fars province criminal courts during a decade that approved by supreme court. According to the research findings, in the first place, the traditional interpretation of self-defense should be made flexible according to the essence and nature of the defensive behavior of battered women in order to save their lives and that of their children, because the variety and continuity of violence is such that women considered it as if every moment will be occurred. Therefore, the interpretation of the immediacy element of the aggression is different according to the continuous nature of this type of violence. Even, some countries, in the light battered woman syndrome, have formed this interpretation according to the battered woman's perception of the occurrence of violence at any moment; As her belief about the threat to life or serious injury to limb is important, which may cause her to use excessive force to repel the attacker. On the other hand, the necessity of killing as the last resort could be obvious, considering the difficulty and sometimes the impossibility of divorce in Iranian law and even the woman's inability to leave a violent relationship on the base of learned disability concept from the battered woman syndrome theory. In this regard, exclusion 2 of Article 156 should be taken into consideration by the judges. Although the need to amend the law cannot be denied.
    On the other hand, there are cases that are not covered by self- defense, following the series of abuses by her husband, the woman will be affected so emotionally that she falls under a strong wave of emotions, but according to the nature of the women's reaction, these emotions gradually burn her. Then, it causes her to perpetrate homicide. Accordingly, the traditional defense of provocation was reformed in some countries such as England, Wales, and Australia to amend its definition to include such murders. Although there are manifestations of this defense such as Article 630 of the Islamic Criminal Code in Iranian criminal law, the defense is not foreseen by the legislator. But, Judicial procedure has accepted to a certain extent the effect of emotion on inciting emotions and then, changing the definition of murder to manslaughter according to the exclusion 2 of Article 302. but it has not been used in such cases as studied here; Thus, both the judicial procedure and criminal code respectively need to be flexible and revised to include new forms of provocation like homicide committed by battered women in the context of intimate partner. All in all, findings suggest a hybrid approach towards this type of killing, considering the separate structure of each case and the legal and procedural capacity of Iranian  criminal law, In such a way that both legal and procedural reforms regarding these two types of defense have the capacity to pay close attention.

Abstract In this article, we have two main goals. First, we examine why steroids, which are part of the daily consumption plan of many people in modern life, have been considered the same as narcotics and psychotropic drugs such as opium, methamphetamines, etc., and in an apparently unpredictable process, criminal control is considered necessary for them. As a result, our problem is to examine the process that has turned steroids into dangerous drugs for health and well-being; A process that has caused the policy makers to pay attention to the concerns of the sports authorities, and in line with this, to resolve the concern of the strictness of the punishment for steroids. Although evaulation studies show that strict policies have never been effective and even have many unwanted consequences for public health and criminal justice resources. The second goal is determined in the context of evidence based policies, based on which, the question is whether the results of criminology research support the claims of policymakers in this field and what judgment they provide about the criminal strictness
In this research, using the analytical descriptive method, we intend to explain the process of criminal strictness regarding steroids and its results. For this reason, we will use the content analysis of the laws to examine the components of criminal strictness and the results of evaluation studies.
The criminal laws related to steroids in different countries indicated the strictness. The views of public health advocates and those who criticized steroids for the spread of organized crime and the existence of a black market played a decisive role in supporting the development of criminalization approach and in fact created the space for the implementation of strict plans and programs to control steroids. But the real starting point of the steroid story is the media and politics. They create fears, threats, and realities in a hidden process, and put forward their trivial but urgent and politicized solution. While, as we show in the last section, these solutions have long been discredited following the disappointing results of effectiveness studies. now we are witnessing the introduction of legalization at least in relation to cannabis. Considering the lack of effectiveness of substance control policies, we will examine the consequences of stricter penalties regarding steroids.
The study of Iran's criminal justice system shows that whenever issues are recognized as problems, policy makers choose strict policies, and therefore we can predict that the situation of steroids will become stricter than in the past. If we know what factors have been effective in making demands for stricter punishment in this field and what results have followed so far, we can learn the way to manage steroids properly. Currently, legalization (both medical and recreational) is the main stream of policy regarding drugs and low-risk substances. But steroids are subject to new strict policies and this is not justifiable. Finally, the steroid control stream continues to favor the elimination policy, which is not in accordance with scientific standards. Finally, the fate of steroids will be in the hands of public health to regulate the use of steroids with policies to reduce harm and strengthen awareness campaigns.

Abstract This study sought to analyze the constructive role of judges of the Shahid Fahmideh Judicial Complex in dealing with juvenile cybercrimes based on the Constructivist Grounded Theory.
By following a qualitative methodology, the research data were collected from fifty-two cases (April 1395 - April 1401), four intensive semi-structured interviews, and memo writing. Data collection continues until our findings reach theoretical saturation. The data were coded using MAXQDA software.  By revealing the relationship between the categories, the theory was discovered.
The manner in which the reality of the problem of behavior against the law is defined by the judges will play a significant role in determining the specific model or models to respond to it. Judges often responded with a procedural approach. The patterns used are divided into two categories: the modern three-level pattern and the traditional two-level pattern. The modern three-level model was based on the centrality of protectionism, and most efforts were made to solve the problem of behavior against the law and its consequences. Whereas, the judges who believed in the traditional two-level model by adhering to legal formalism sought to determine the guilt and assess the possible risk to determine the appropriate response.
"Lack of capacity to participate with social networks" and "lack of discriminatory computer criminal policy of the digital generation" are the two main challenges faced by judges to provide constructive interpretations in line with the best interests of children and adolescents.

Abstract In the case that the omission, the criminal behavior of the Consequence-bound crimes, the omission must lead to the realization of the result, and this is where the difference of opinion arises. Because it is not easy to imagine that omission can lead to the realization of the result, and therefore, although Article 295 of the Islamic Penal Code accepted omission as a Actus reus of JENAYAT, but the causation in omission is still the path of conflict.
In order to clarify some of the ambiguities related to the relationship of causality in omission, the author has collected related jurisprudential and legal sources in a library form and has tried to solve the problems of this issue with a descriptive analytical method. 
The result of the present research is that all human behaviors are act, and none of the voluntary behaviors can be called omission, unless the person is the addressee of an order or request, and the failure to do so is called omission. Therefore, if a person does not do an order to do a task, he has committed an omission; Even if he is doing an act when he is not doing it. Like an officer who refuses to give pills to a prisoner because of exercising, although exercising is an action, this does not invalidate his omission. In terms of the causation, omission is sometimes the only condition for the realization of the crime, and sometimes it can be considered as its cause. If omission is a condition for the realization of the JENAYAT, if the omission is not done, the JENAYAT will not be committed, but the omission cannot be considered the cause of the JENAYAT. But in the case that omission is the cause of the JENAYAT, it goes beyond the mere conditionality and attribute the result to itself.

Abstract A wide range of studies, approaches and analyzes are discussed under the discourse of "law and development". The requirements of a development-oriented criminal justice system based on the concept of "development as freedom" and with an emphasis on economic freedom, is one of them that has been less discussed.
This article aims to show how can we reach "law as development" by understanding "development as freedom". That is, in order to achieve development in the sense of "the process of expanding basic freedoms belonging to people and removing obstacles of freedoms, not only the law is important and inevitable, but also legal reforms, including the reform of the criminal justice system, is a goal of development in itself."
In this article, the performance of Iran's  judicial and criminal legislative system is examined in terms of one of the most important indicators of the rule of law, i.e. "protection of private property", emphasizing the crime of disrupting the country's production system as the main issue. this issue was investigated in a descriptive-analytical way and by studying the related cases in the specialized complex for handling economic crimes.
One of the five types of freedom in the theory of  development as freedom, is economic freedom, and one of its most important indicators is the rule of law. Results show that the judicial interpretation sometimes imposes mandatory restrictions on the transactions and economic activities of producers and considering them as crimes; In a situation where it is currently being done with the aim of continuing production and not making profit and disrupting the production system of the country.
      in terms of the need to respect contracts and adhere to the security of property rights, reforms from the point of view of production and economic development requirements, are necessary.