Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 Uncertainty of the perpetrator in killing and bodily harm Uncertainty of the perpetrator in killing and bodily harm 9 44 15379 10.22054/jclr.2023.66939.2464 FA Abbas Shiri Assistant Professor of Criminal Law and Criminology, Faculty of Law, University of Tehran, Tehran, Iran Journal Article 2022 03 05 Diagnosis of perpetrators of killing and bodily harm is a complex mystery in terms of science, law and jurisprudence. It is possible to identify the perpetrator through known reasons for proving a crime, such as confession, testimony, evidence, and suspicion of a crime or oath. However, conflicting reasons may make it difficult or impossible to identify and determine the perpetrator. If it is not possible to identify and determine the perpetrator due to the conflict of reasons for proving the crime or the hesitation of the perpetrator between certain or indefinite persons, it will be difficult to reach the truth. There are four different theories in law and jurisprudence based on jurisprudential and narrative sources; The rule of lottery, the theory of fall of retaliation and payment of blood money from the treasury, the theory of equality of responsibility and the theory of criminal joint liability. Each of the views has its advantages and disadvantages, so it is not possible to accept a single theory in this regard. This research, with the method of library study, seeks to propose different points of view and provide solutions to explain the issue of the uncertainty of the perpetrator and the conditions arising from it in two situations of the possibility or impossibility of detection. Diagnosis of perpetrators of killing and bodily harm is a complex mystery in terms of science, law and jurisprudence. It is possible to identify the perpetrator through known reasons for proving a crime, such as confession, testimony, evidence, and suspicion of a crime or oath. However, conflicting reasons may make it difficult or impossible to identify and determine the perpetrator. If it is not possible to identify and determine the perpetrator due to the conflict of reasons for proving the crime or the hesitation of the perpetrator between certain or indefinite persons, it will be difficult to reach the truth. There are four different theories in law and jurisprudence based on jurisprudential and narrative sources; The rule of lottery, the theory of fall of retaliation and payment of blood money from the treasury, the theory of equality of responsibility and the theory of criminal joint liability. Each of the views has its advantages and disadvantages, so it is not possible to accept a single theory in this regard. This research, with the method of library study, seeks to propose different points of view and provide solutions to explain the issue of the uncertainty of the perpetrator and the conditions arising from it in two situations of the possibility or impossibility of detection.

https://jclr.atu.ac.ir/article_15379_0b0805c2460fd34756c326458f1642af.pdf

Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 Jurisprudential-legal Analysis of Panderism Jurisprudential-legal Analysis of Panderism 45 70 15288 10.22054/jclr.2023.57376.2242 FA Hamid Rahimi PhD Candidate, Department of Criminal Law and Criminology, Faculty of Law, Shahid beheshti University,Tehran, Iran Rahim Nobahar PhD, Associate Professor, Department of Islamic Law, Shahid Beheshti University,Tehran,Iran 0000-0002-2043-5955 Journal Article 2020 12 04 Imami jurists have considered panderism as one of the crimes that results in fixed corporal punishments (hadd). All the penal laws after the Islamic Revolution, including the Islamic Penal Code of 2013, follow the well-known opinion of the jurists and consider panderism as a crime results in prescribed and fixed punishment(hadd). The present study has criticized this view with an analytical-critical method and has considered the discretionary punishment awarded by the judge (ta’zir) for this crime to be more justified and rational. The article also studies various elements of the material and mental pillars of panderism. Through a jurisprudential-legal analysis of panderism in cyberspace, the article studies possibility of the occurrence of physical behavior of "bringing together" through mere acquaintance with novelty communicational technologies and participation in panderism physically or virtually. The article further examines the necessary circumstances for committing panderism and its effects on fornication and sodomy. Finally, the article examines the place of "knowledge substituting intent" and "matching the intent of the perpetrator with a criminal incident" in the mental element of this crime. Imami jurists have considered panderism as one of the crimes that results in fixed corporal punishments (hadd). All the penal laws after the Islamic Revolution, including the Islamic Penal Code of 2013, follow the well-known opinion of the jurists and consider panderism as a crime results in prescribed and fixed punishment(hadd). The present study has criticized this view with an analytical-critical method and has considered the discretionary punishment awarded by the judge (ta’zir) for this crime to be more justified and rational. The article also studies various elements of the material and mental pillars of panderism. Through a jurisprudential-legal analysis of panderism in cyberspace, the article studies possibility of the occurrence of physical behavior of "bringing together" through mere acquaintance with novelty communicational technologies and participation in panderism physically or virtually. The article further examines the necessary circumstances for committing panderism and its effects on fornication and sodomy. Finally, the article examines the place of "knowledge substituting intent" and "matching the intent of the perpetrator with a criminal incident" in the mental element of this crime.

https://jclr.atu.ac.ir/article_15288_a754fc1765a45a6bc1a034140afd0669.pdf

Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 Challenges of the prosecutor in the implementation of a fair trial and its solutions Challenges of the prosecutor in the implementation of a fair trial and its solutions 71 104 15289 10.22054/jclr.2022.52761.2126 FA Rahman Peyvast Mahdi Sheidaeian Assistant Professor of Criminal Law and Criminology University of Tehran, Iran College of Farabi Qom. Iran . 0000-0002-9181-5365 Mohammad Salehy Assistant Professor of Criminal Law and Criminology University of Qom, Qom,Iran. 0000-0002-9034-2658 Journal Article 2020 06 17 In this article, we tried to explain the criminal status of the prosecutor by using. documents and library methods and in a descriptive analytical way, using international ·documents and requirements, and the existing gaps and defects should be announced a long with the suggested solutions. The findings of the current research indicate. that according to the Principles of fair proceeding, the role of the prosecutor is very. important, however, despite the huge. change in the new criminal policy regarding the position of the prosecutor's office and ・the reduction of prosecutors Powers in order to protect the defendant's defense rights and human rights standards, our legislator hasremained far away from this development,And in many cases, it has violated the Priniciple of reasoning of the judicial authorities and in some cases It has placed the investigator in the judgment of the Prosecutor's officer. Therefore, the Weakness of its enforcement grounds, which will Pess result in the abandonment of the ruling contained in some legal articles, is inevitable. In this article, we tried to explain the criminal status of the prosecutor by using. documents and library methods and in a descriptive analytical way, using international ·documents and requirements, and the existing gaps and defects should be announced a long with the suggested solutions. The findings of the current research indicate. that according to the Principles of fair proceeding, the role of the prosecutor is very. important, however, despite the huge. change in the new criminal policy regarding the position of the prosecutor's office and ・the reduction of prosecutors Powers in order to protect the defendant's defense rights and human rights standards, our legislator hasremained far away from this development,And in many cases, it has violated the Priniciple of reasoning of the judicial authorities and in some cases It has placed the investigator in the judgment of the Prosecutor's officer. Therefore, the Weakness of its enforcement grounds, which will Pess result in the abandonment of the ruling contained in some legal articles, is inevitable.

https://jclr.atu.ac.ir/article_15289_2262f6bf50905ce704300a4ebe7f14bf.pdf

Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 Online boycott: criminal action or reaction at the level of international law Online boycott: criminal action or reaction at the level of international law 105 125 15290 10.22054/jclr.2023.59356.2297 FA Abolfath Khaleghi Associate Professor, faculty of Law. The University of Qom, Qom, Iran 0000-0002-0518-8204 Parisa Saghafi PhD, candidate of Criminal Law and Criminology, The University of Qom, Qom, Iran 0000-0002-9259-6985 Journal Article 2021 04 14 In today's age, the Internet as a wide and important communication tool can be sanctioned based on Article 41 of the United Nations Charter and international laws under the guaranty of implementation. Despite this prediction, no clear action has been reported by the Security Council in this regard. Although in practice, these are the governments that apply this restriction against each other without any permission and legal order and accept such restrictions within the limits of their international treaties and legal principles, but this is only as long as the countries are within the scope of power. have not taken action. In this case, instead of being a guarantee of enforcement, the internet ban becomes criminal in nature and is condemned by another enforcement guarantee. With the studies carried out in this research, in a descriptive-analytical way, the internet embargo is expressed in two distinct concepts and examples, one time as a guarantee of implementation and another time as an international crime, and finally, this is expected from the Security Council with Such behavior that violates international security and peace on a macro level, such as war and internet terrorism, and the International criminal Court should apply the necessary procedures for judicial proceedings In today's age, the Internet as a wide and important communication tool can be sanctioned based on Article 41 of the United Nations Charter and international laws under the guaranty of implementation. Despite this prediction, no clear action has been reported by the Security Council in this regard. Although in practice, these are the governments that apply this restriction against each other without any permission and legal order and accept such restrictions within the limits of their international treaties and legal principles, but this is only as long as the countries are within the scope of power. have not taken action. In this case, instead of being a guarantee of enforcement, the internet ban becomes criminal in nature and is condemned by another enforcement guarantee. With the studies carried out in this research, in a descriptive-analytical way, the internet embargo is expressed in two distinct concepts and examples, one time as a guarantee of implementation and another time as an international crime, and finally, this is expected from the Security Council with Such behavior that violates international security and peace on a macro level, such as war and internet terrorism, and the International criminal Court should apply the necessary procedures for judicial proceedings

https://jclr.atu.ac.ir/article_15290_1fb5e72be96a57b7a3b995ee40c3e242.pdf

Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 A review of the classification of crimes in the light of the new grading of crime A review of the classification of crimes in the light of the new grading of crime 127 158 15447 10.22054/jclr.2022.67777.2484 FA Gholamreza Esmaeeli Azar PhD student in criminal law and criminology, Islamic Azad University of Gorgan,Iran 0000-0002-0629-886X Baqer Shamlou Associate Professor of the Department of Criminal Law and criminology, Law faculty, Shahid Beheshti University, Tehran, Iran and Visiting Professor of the Department of Law, Islamic Azad University of Gorgan, Gorgan branch, Gorgan, Iran. Keyoumars Kalantary Professor of Law and Political Science Department, Mazandaran University, Babolsar, Iran and Visiting Professor of the Department of Law, Islamic Azad University of Gorgan, Gorgan branch, Gorgan, Iran. 0000-0002-1886-1066 Journal Article 2022 05 01 In the present age, with the increasing growth of new science and technologies, fundamental changes in values and norms, and the multiplicity and entanglement of social and political systems; The nature, form, variety and manner of committing crimes have also changed a lot. Given that crime emerges in the context of social conditions, in this study, in an interdisciplinary study between criminology and strategic sciences with a "descriptive-analytical" method and using the criterion of modern social classification, we seek to divide Present a new classification of crimes in accordance with the complex conditions mentioned above. According to the achievements of this study, unlike the major classification system, inspired by the model of "community management system in modern perception" as well as strategic science data, crimes in three new levels: 1- Strategic or imaginary-paradigm crimes ; 2- We have classified tactological or managerial crimes and 3- technological or individual and technological crimes. In this regard, contrary to the common perception in the alloying of crimes into Micro and Macro crimes, this research in the new alloy, crimes in four layers Nano, Micro, Macro And Super is divided according to the two criteria of Sibel or the target environment of the crime and on the other hand the damages. Finally, by combining the above topics, in a matrix structure, a new classification of crimes in the form of a doctrine can be achieved, which in this research is referred to as "crime Rating ". In the present age, with the increasing growth of new science and technologies, fundamental changes in values and norms, and the multiplicity and entanglement of social and political systems; The nature, form, variety and manner of committing crimes have also changed a lot. Given that crime emerges in the context of social conditions, in this study, in an interdisciplinary study between criminology and strategic sciences with a "descriptive-analytical" method and using the criterion of modern social classification, we seek to divide Present a new classification of crimes in accordance with the complex conditions mentioned above. According to the achievements of this study, unlike the major classification system, inspired by the model of "community management system in modern perception" as well as strategic science data, crimes in three new levels: 1- Strategic or imaginary-paradigm crimes ; 2- We have classified tactological or managerial crimes and 3- technological or individual and technological crimes. In this regard, contrary to the common perception in the alloying of crimes into Micro and Macro crimes, this research in the new alloy, crimes in four layers Nano, Micro, Macro And Super is divided according to the two criteria of Sibel or the target environment of the crime and on the other hand the damages. Finally, by combining the above topics, in a matrix structure, a new classification of crimes in the form of a doctrine can be achieved, which in this research is referred to as "crime Rating ".

https://jclr.atu.ac.ir/article_15447_e5fbd281f43f85152ac3839cc292e22c.pdf

Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 Fundamentals and Criteria of Preventive Detention in German & Iran Law and Imamiyeh Jurisprudence Fundamentals and Criteria of Preventive Detention in German & Iran Law and Imamiyeh Jurisprudence 159 191 15292 10.22054/jclr.2023.51856.2103 FA Seyed Mohamad Mahdi Sadati Criminal Law & Criminology Department, Law & Political Science Faculty, Shiraz University, Shiraz, Iran 0000-0002-5284-9204 Journal Article 2020 05 15 Punishments are changeable and depend on goals. Therefore, when there is valid knowledge that correctional goals of punishment are failed, releasing a criminal who certainly endangers public safety is a denial of public rights. In this case, presumption of innocence has been changed to presumption of guilt and the judge by realizing the objective and qualitative criteria that indicate the survival of dangerous situation, can determine the preventive detention. Therefore, with qualitative approach and phenomenological methodology through library studies, this article seeks to address the following question: "What are the principles and criteria for legislation of preventive detention in the German, Iran and Imamiyeh jurisprudence legal system?" The findings are that the main bases of preventive imprisonment are the discourse of overcoming public security over freedom, the discourse of victim-centered criminal law, the principle of caution and the rule of the need to repel harm, but the problem is the criteria for achieving a valid suspicion of a dangerous situation. It seems that valid suspicion can be obtained by determining quantitative and qualitative criteria. Iranian legislature, relying on reasonable grounds and criteria, in cases of valid suspicion of a dangerous situation can legislate prevent imprisonment for dangerous criminals. Punishments are changeable and depend on goals. Therefore, when there is valid knowledge that correctional goals of punishment are failed, releasing a criminal who certainly endangers public safety is a denial of public rights. In this case, presumption of innocence has been changed to presumption of guilt and the judge by realizing the objective and qualitative criteria that indicate the survival of dangerous situation, can determine the preventive detention. Therefore, with qualitative approach and phenomenological methodology through library studies, this article seeks to address the following question: "What are the principles and criteria for legislation of preventive detention in the German, Iran and Imamiyeh jurisprudence legal system?" The findings are that the main bases of preventive imprisonment are the discourse of overcoming public security over freedom, the discourse of victim-centered criminal law, the principle of caution and the rule of the need to repel harm, but the problem is the criteria for achieving a valid suspicion of a dangerous situation. It seems that valid suspicion can be obtained by determining quantitative and qualitative criteria. Iranian legislature, relying on reasonable grounds and criteria, in cases of valid suspicion of a dangerous situation can legislate prevent imprisonment for dangerous criminals.

https://jclr.atu.ac.ir/article_15292_cfc34923abd8b6492345ffa5b9f40f46.pdf

Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 Removing or Authorizing the Agheleh Guarantee and Proposing the Replacement of the “Physical Injuries Compensation Fund Caused by Mistake Crimes” Removing or Authorizing the Agheleh Guarantee and Proposing the Replacement of the “Physical Injuries Compensation Fund Caused by Mistake Crimes” 193 220 15293 10.22054/jclr.2023.57292.2238 FA Javad Rostami Department of Law Faculty of Law and Theology Shahid Ashrafi Isfahani University, Isfahan, Iran 0009-0008-4657-8795 Mohammad Reza Shadmanfar Assistant Professor of Crimical Law and Criminology, Department of Criminal Law and Criminology, Faculty of Administrative Sciences and Economics, University of Isfahan , Isfahan, Iran. 0000-0003-3235-552X Journal Article 2020 12 12 Of the cases, that the legislator has accepted the criminal liability resulting from the other’s act is agheleh guarantee under section of which the agheleh is bound to pay for the murder blood money and the mistake injuries on behalf of the wrongdoer criminal according to the provisions stipulated in the law. This way of remedy that has been made in systems that lived as tribes, has been followed by many advantages such as unity and cooperation among the tribe members. However, it seems that at present and considering the social structure of current communities in which the kinship relationships and even familial ones are becoming corer day by day, the existence of such a guarantee, which had been created for facilitation, will sometimes become problematic and due to the same reason, it can be stated that the above-mentioned guarantee has lost the efficacy of the past period and one should use the establishment of a new fund in the name of “physical injuries compensation fund due to mistake crimes” by removing or authorizing it. Of the cases, that the legislator has accepted the criminal liability resulting from the other’s act is agheleh guarantee under section of which the agheleh is bound to pay for the murder blood money and the mistake injuries on behalf of the wrongdoer criminal according to the provisions stipulated in the law. This way of remedy that has been made in systems that lived as tribes, has been followed by many advantages such as unity and cooperation among the tribe members. However, it seems that at present and considering the social structure of current communities in which the kinship relationships and even familial ones are becoming corer day by day, the existence of such a guarantee, which had been created for facilitation, will sometimes become problematic and due to the same reason, it can be stated that the above-mentioned guarantee has lost the efficacy of the past period and one should use the establishment of a new fund in the name of “physical injuries compensation fund due to mistake crimes” by removing or authorizing it.

https://jclr.atu.ac.ir/article_15293_a24bec8f118f294b46c98659a72fe06e.pdf

Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 How to re-prosecution the accesed after the issuance of a restaining order through the court How to re-prosecution the accesed after the issuance of a restaining order through the court 221 245 15295 10.22054/jclr.2023.63378.2384 FA Abbas Zaraat professor department of criminal law and criminology ، Kashan University.* Kashan.Iran 0000-0001-9542-4049 Saied Qomashi, associated professor department of criminal law and criminology ، Kashan University.* Kashan.Iran. 0000-0002-1832-8886 Farshad Shirzadifar PhD student of Kashan University. Kashan, Kashan. Iran. 0000-0003-4935-1613 Journal Article 2021 09 22 Re-prosecution of the accused after the issuance of a restraining order is one of the solutions envisaged by the legislature to ensure justice for persons who did not have access to sufficient reasons or reasons at the time of the trial. The grounds for re-prosecuting the accused are in line with the objectives of the criminal proceedings. These include achieving the Judicial truth, preventing norm-breaking in society. The main source of criminal investigation is the prosecutor's office, so the legislator has made the possibility of re-prosecuting the accused based on Article 278 of the Code of Criminal Procedure in this institution. In some cases, depending on the type of charge, the judicial organization and the personality of the perpetrator, step-by-step investigations are carried out in a source other than the prosecutor's office, and it is possible to issue a restraining order. according to the silence of the legislator, this ambiguity has arisen as to what the procedure of re-prosecution will be if the court issues a restraining order? Depending on the position of the court in Judicial system, if a restraining order is issued by the court at the preliminary investigation stage, it is possible to re-prosecute the accused, but contrary to Article 278, if the restraining order is finalized in a higher authority, there is no need to prescribe a higher authority because the court has independence. It is not like the prosecutor's office. Re-prosecution of the accused after the issuance of a restraining order is one of the solutions envisaged by the legislature to ensure justice for persons who did not have access to sufficient reasons or reasons at the time of the trial. The grounds for re-prosecuting the accused are in line with the objectives of the criminal proceedings. These include achieving the Judicial truth, preventing norm-breaking in society. The main source of criminal investigation is the prosecutor's office, so the legislator has made the possibility of re-prosecuting the accused based on Article 278 of the Code of Criminal Procedure in this institution. In some cases, depending on the type of charge, the judicial organization and the personality of the perpetrator, step-by-step investigations are carried out in a source other than the prosecutor's office, and it is possible to issue a restraining order. according to the silence of the legislator, this ambiguity has arisen as to what the procedure of re-prosecution will be if the court issues a restraining order? Depending on the position of the court in Judicial system, if a restraining order is issued by the court at the preliminary investigation stage, it is possible to re-prosecute the accused, but contrary to Article 278, if the restraining order is finalized in a higher authority, there is no need to prescribe a higher authority because the court has independence. It is not like the prosecutor's office.

https://jclr.atu.ac.ir/article_15295_17b525960417571dc1220766bbced337.pdf

Allameh Tabataba’i University Journal of Criminal Law Research 2345-3575 11 40 2022 09 23 The Feasibility of Rule-formation toward Confession in Non-sexual Hudud The Feasibility of Rule-formation toward Confession in Non-sexual Hudud 247 274 15297 10.22054/jclr.2023.63757.2427 FA Ashkan Naeimi Assistant Professor of Islamic Jurisprudence and Law, Allameh Tabataba'i University,,Tehran, Iran 0000-0002-5284-8615 Journal Article 2021 12 09 The significant point regarding the proof of non-sexual hudud (pandering, qadhf, wine drinking, theft, muharebeh, insulting the prophet Muhammad, magic, and irtidad) is whether two confessions are required or merely one confession is sufficient? Is there a general rule regarding the above hudud, or the rules vary from one hadd to another? This argument can be presented in two aspects: general evidence for all the hudud, and particular evidence for each one of the hudud. In general evidence, apart from Al-dar’ (the prevention rule), there is no valid reason that necessitates two confessions or suffices one confession. Al-dar’ can also be useful in case of doubt and if there is no evidence to remove doubts. The particular evidence is also not valid for the above cases, yet there are some traditions with respect to theft that if their reputation can make up for their lack of validity, then two confessions are required. Thus, it is possible to resort to priority analogy in those hudud that are severe than theft, but if the above reasoning is not accepted, it is not possible to act accordingly. Finally, most fuqahā's fatwas imply that there must be two confessions and one confession cannot be sufficient in removing the doubts and Al-dar’ rule necessitates two confessions in all the mentioned hudud. The significant point regarding the proof of non-sexual hudud (pandering, qadhf, wine drinking, theft, muharebeh, insulting the prophet Muhammad, magic, and irtidad) is whether two confessions are required or merely one confession is sufficient? Is there a general rule regarding the above hudud, or the rules vary from one hadd to another? This argument can be presented in two aspects: general evidence for all the hudud, and particular evidence for each one of the hudud. In general evidence, apart from Al-dar’ (the prevention rule), there is no valid reason that necessitates two confessions or suffices one confession. Al-dar’ can also be useful in case of doubt and if there is no evidence to remove doubts. The particular evidence is also not valid for the above cases, yet there are some traditions with respect to theft that if their reputation can make up for their lack of validity, then two confessions are required. Thus, it is possible to resort to priority analogy in those hudud that are severe than theft, but if the above reasoning is not accepted, it is not possible to act accordingly. Finally, most fuqahā's fatwas imply that there must be two confessions and one confession cannot be sufficient in removing the doubts and Al-dar’ rule necessitates two confessions in all the mentioned hudud.

https://jclr.atu.ac.ir/article_15297_666448e909901d786f4016828c1312c9.pdf