Criminal law and Criminology Studies

Abstract One of the innovations of the Islamic Penal Code of 1392, Article 128, states that: "Anyone who uses an immature person as a means to commit a crime will convict to the maximum legal punishment for that crime. also, anyone who assists in criminal behavior of an immature person will convict to the maximum punishment for accessory in that crime." Several questions arise: What reasons led the legislator to deviate from the principle of individualizing legal and judicial punishment and The legislator chooses the maximum punishment for the crime or accessory in that crime for the offender? Was there no other way to provide the basics of this article other than this writing tone? Couldn't this aggravation be applied to other disabled people like insane? Does the beginning of the article mean only the punishments of Article 19 or does it include all the punishments of Article 14(Haad punishment, Qesas Punishment)? According to the derivative liability system of crime, does the acceptance of the accessory in the juvenile crime mean to deviate from the derivative liability system of crime or does it have another meaning? Is it correct that the maximum punishment is prescribed for absolute accessory in a crime? According to Article 127 and the derivative liability system of crime, as well as taking into account the fact that immature persons are sentenced to security and educative measurer, what is the punishment of the accessory in the crimes committed by immature persons, which can be any of the punishments in Article 14? Does the meaning of “immature person” only mean “indiscerning minor " or does it include " discerning minor " as well? This article addresses the above questions and ultimately provides some suggestions.

Abstract Prison literature can be seen as a collection of literature written by writers or poets because of being convicted of various crimes in prison. This type of literature can provide various information including the governments` policies in the field of prisons, the behavior of prison guards, the way prisoners live, the consequences of prisons, the architecture of this environment, etc. for researchers of other fields of science. Among these works, the book "Guest of these gentlemen" by Mahmoud Etemadzadeh, also known as Beh-azin, is one of the works that has devoted most of its attention to the field of prison architecture during the Pahlavi era. Through his observations in three prisons, he has been able to provide a lot of information about the private and public spaces of the prison. The findings of this research, based on the content analysis method, show that the private and public spaces of prisons are not based on the approach of rehabilitation and correction criminals, but only based on incapacitation and keeping them away from society.

Abstract _{Prior to jury being responsible of weighing the accusation, inquisitorial system being dominated in proceeding and bureaucratic judges rule sentence, European countries used compurgation, ordeal and judicial duel to evaluate evidence in law suits. The compurgation mechanism privileged the accused to be acquitted from the charge in some cases by providing a certain number of his oath-helpers in the court and their oath to his integrity. In the grave matters or failure of the accused to provide oath-helpers, the Europeans used to try to discover the god’s will in order to settle the case. Finally in some cases, a judicial duel between plaintiff and defendant would determined the fate of the case. Law professors and historians have always looked down on medieval proofs and considered them as a symbol of criminal barbarism. In this research, the authors, by distancing themselves from the common views about these evidences, have tried to reveal their hidden functions through a sociological framework; ranging from settling the case to maintaining social solidarity and running the judicial system.}

Abstract The examination of the legal evidence that is available to the judge in each case determines a result for the court, which is known as the"judicial truth."This concept sometimes coincides with the actual truth of the case, and sometimes there is a contradiction between the situation that has occurred in reality and the result that the evidence presented indicates. In this latter case, the importance of analyzing the cognitive domain of judicial truth and examining the validity or invalidity of the judge's knowledge as one of the independent evidences in proving claims in general and crimes against chastity in particular is determined. The findings of the present study show that in the position of hearing claims, the rule of judicial truth prevails as a general principle in the judicial system and the judge is only authorized to examine the evidence presented in the case and the invalidity of citing personal knowledge in issuing a verdict is the view accepted in this study.This view, given the way the legislator and the legislator behave in dealing with crimes against chastity,will be consistent in this category of crimes in particular. In contrast to the general rule of judicial truth in crimes against chastity, there are also cases as exceptions in which, although judicial truth proves the occurrence of a crime, since the judge is aware of the actual non-fulfillment of the crime, he issues a ruling based on his personal knowledge, out of caution and to protect the lives and blood of individuals.

Abstract Cyberspace has revitalised gambling, betting, and lotteries and has attracted a predominantly adolescent demographic. The digital character of the offence, combined with the offenders’ youth, significantly complicates enforcement. In Iran, the prevailing response relies chiefly on situational crime-prevention measures and punitive sanctions. A descriptive–analytical examination of these measures demonstrates that their efficacy is limited. The intrinsic features of cyberspace—anonymity, extraterritorial reach, and readily exploitable tools—enable offenders to evade situational controls with relative ease. Penal strategies likewise prove inadequate, given both the large number of participants and the addictive nature of the conduct, which attenuate the deterrent effect of punishment. A recalibration of criminal policy is therefore required: the structural environment in which the offence occurs should form the principal focus of intervention, rather than the individual gambler. Corrective efforts ought to prioritise the transformation of offenders’ attitudes toward gambling over the imposition of sanctions. As regards illegal online gambling venues, effective suppression depends upon the rapid detection of offending platforms, enhanced participation by cyber-citizens in preventive efforts, an expansion of intermediary liability for internet-service providers, the controlled use of statutory sting operations to expedite investigation and prosecution, and a re-assessment of current broad-spectrum filtering policies, whose implementation has unintentionally facilitated access to cyber-casinos.

Abstract After the decline of consequentialism as the prominent theory of punishment in the last 200 years, the criminal justice system is in a crisis of justification. This stems from practical doubts about the effectiveness of deterrence and rehabilitation, as well as criticisms of instrumental view of the offender, which neglects their moral agency. Meanwhile the retributivism, has sought to fill the justification gap by introducing new intrinsic and non-instrumental goods that do not reduce the offender to a mere tool and deprive them of moral dignity. Some retributivists have sought these advantages in the religious model of treating wrongdoers based on Atonement and Penance. The problem is that this model is incompatible with liberal autonomy and individualism. As a solution this theory suggests a reconstruction that involves secularization of these originally religious institutions. By retaining the form and infusing them with liberal content, this approach seeks to offers a socially beneficial model of punishment that respect the idea of human “being end in itself” and moral agent. This article employs a descriptive and analytical approach to conduct a critical re-examination of this theories. The outcome of the analysis casts doubt on the viability of this adaptation. Firstly, the plan overlooks the interconnection of the institutions of attonement, penance, and repentance from the traditional community, which is based on normative objectivity. Secondly, it disregards the incompatibility of these institutions with a liberal society characterized by individualism and pluralism. Therefore, it pays insufficient attention to both the origin and the destination.

Abstract Every socio-political system is a discourse-linguistic constructive and its link with non-linguistic technologies that dialectically perpetuates this order. By looking at the history of Iran, we can see three breaking points in this order. The socio-political order in Iran from ancient times to the end of Qajar was influenced by the traditional-pastoral discourse, during the Pahlavi period under the influence of pseudo-modernity-pastoral discourse, and in the post-revolution era under the influence of Islamism discourse. Crime is also a structure that is the result of this system of truth. As the order changes, it is these discourses that say what act or omission is the crime and who is to blame. But this normative system requires non-linguistic technologies, which guarantee the continuation of this order and dominant discourse. Therefore, by examining the technologies of punishment, it is possible to see how the political-social order has continued. The main question of the present article is, what punishment technologies have caused the continuation of political-social order in Iran after the revolution? The hypothesis of this article is that the technologies of "torture-ritual", "punitive-correction", "discipline-education" and "care-control" have caused the continuation of the social-political order of Iran after the revolution.

Abstract Identity theft is a type of deception and fraud in which a person uses the identity information of another person to introduce himself instead of that person. This action can allow him to gain financial benefits in various ways. The process of transition from industrial societies to information societies has left a tremendous impact on the development of identity theft. This criminal phenomenon, which includes various forms and degrees and includes the unauthorized use of credit cards to the complete appropriation of a person's identity, is considered one of the most dangerous crimes today and sometimes causes irreparable damages. Considering that stealing people's identity, both in the real world and in cyberspace, can lead to committing illegal acts, this act has been criminalized in some countries and especially in many criminal laws of American states. The current research with descriptive-analytical method and using library resources while explaining the basics of research deals with the dominant approaches to the criminalization of this phenomenon and finally, it provides suggestions for drafting appropriate criminal laws in this field.  

Abstract In the current era, the necessity to enhance efficiency and maximize the use of limited material and human resources is undeniable in criminal policy. Given the seriousness of intentional homicide and the need for prompt preliminary investigations, optimizing the preliminary investigation process for homicide cases holds particular significance in the pursuit of criminal justice. This study aims to address the central question: what challenges hinder the efficiency of preliminary investigations in intentional homicide cases in East Azarbaijan province? Utilizing a qualitative method and interviews with 50 experts, including police detectives, forensic doctors, judges, and criminal law professors, this research identifies key challenges. The findings indicate that inefficiencies in the preliminary investigation process stem from various factors, including a lack of knowledge and expertise among criminal policymakers, poorly formulated laws, a shortage of trained and specialized personnel, inappropriate strategies and procedures, and insufficient hardware and software resources. The study concludes that if criminal policy adopts a rational and comprehensive approach, efficiency in the criminal justice system can be enhanced, public acceptance of criminal responses can be increased, and a gap between the criminal justice system and citizens expectations can be avoide.

Abstract Corporations often defend against criminal accusations by asserting that the wrongful actions of their representatives were arbitrary and contrary to the company’s established policies. They claim that despite implementing all reasonable preventative measures, the representative's criminal conduct violated the corporation's internal regulations. This raises a pivotal issue for judicial authorities, that is, whether these preventative measures influence corporate criminal responsibility if the corporation's claim is valid. This research, employing a descriptive-analytical method and a comparative approach, seeks to elucidate and analyze this issue. The findings reveal diverse approaches across different legal systems. While some legal systems recognize the significance of these measures, others do not address them, resulting in ambiguous interpretations. The study identifies four main legal consequences of establishing such measures: negation of vicarious (responsibility) liability, avoidance of criminal responsibility, mitigation of punishment, and the potential for agreements to suspend prosecution of corporations. An analysis of Iran's legal system suggests that, despite legal ambiguities, effective corporate monitoring and control over representatives' behavior can mitigate corporate punishment or persuade prosecutors to issue an agreement to suspend prosecution.