https://jclc.illrc.ac.ir/ Research and development in criminal law and criminology en daily 1 Fri, 20 Feb 2026 00:00:00 +0330 Fri, 20 Feb 2026 00:00:00 +0330 https://jclc.illrc.ac.ir/article_735001.html The concept of the Rule of Law traces its roots to ancient thought and resonates across most major legal traditions. Around 350 BC, both Plato and Aristotle articulated concepts foundational to the Rule of Law, and legal philosophers have debated its precise meaning ever since. Consequently, the Rule of Law stands as a long-held aspiration of humanity. In the modern era, it is regarded as a seminal achievement—echoing the ideals of the French Revolution—essential for establishing a free society and upholding human dignity within political systems. However, due to the absence of a universally fixed definition, authoritarian regimes have attempted to co-opt this concept, interpreting it to suit their own ends by hollowing out its substantive content (effectively reducing it to Rule by Law).Admittedly, the definition of the Rule of Law is aspirational; in practice, no state—whether developed or developing, post-conflict or stable—fully satisfies its criteria. Therefore, one should not expect developing nations, given their current realities and competing economic or social priorities, to fully implement the Rule of Law in the short term. Substantive legal transformation requires time, deliberation, and strategic planning. https://jclc.illrc.ac.ir/article_735000.html The concurrent rise of state cyber capabilities and the potential (mis)use of Artificial Intelligence (AI) to advance malicious state objectives pose the critical question: Is the International Criminal Court (ICC) equipped to counter AI-driven cyber attacks perpetrated by and against states? Or does conduct via AI risk creating a legal vacuum, thereby shielding human actors who ordered its use from responsibility? In response, by outlining and explicating the “Responsibility Gap” discourse, this article analyzes how AI impacts the essential elements of international crimes namely, the material (Actus Reus) and mental (Mens Rea) elements from the perspective of the ICC Statute. Specifically, by examining the concept of “Cyber Aggression,” which has recently gained attention in legal scholarship, the study assesses the efficacy of the current text of the Rome Statute and its associated interpretations in establishing international criminal responsibility in cases where AI causes cyber aggression. This article explores a spectrum in which potential acts of cyber aggression may be reducible to human activity thus transferring criminal responsibility to the human trainer of the AI versus scenarios where the committed act is perhaps too remote from human intervention to justify criminal responsibility based on the mental state of a culpable human agent. To engage in this discussion, the article begins with a brief overview of the Crime of Aggression, followed by the introduction of the emerging concept of cyber aggression. Subsequently, the challenges posed by applying AI-based aggression to the conventional elements of international criminal responsibility are examined. Furthermore, solutions proposed in International Criminal Law scholarship are described. It is argued that the elements of criminal responsibility for an act of aggression, within the current structure and interpretation of the ICC Statute, lack the necessary readiness and capacity to adapt to the ambiguous consequences of cyber aggression committed through state-sponsored AI systems. Finally, prior to the conclusion, an additional approach is proposed. https://jclc.illrc.ac.ir/article_731753.html In the realm of criminal law, the concept of the “Subject of the Crime” holds a central and fundamental position as an ontological and functional element. A precise examination of its dimensions is essential for a correct understanding of both legislative processes and judicial proceedings. Beyond being a mere component, this concept is recognized not only as an inseparable and indispensable part of the actus reus (material element)—without which the physical realization of the criminal act is impossible—but also plays a vital and decisive role in establishing the mens rea (mental element) or criminal intent. Specifically, proving criminal liability requires the perpetrator’s knowledge of the subject of the crime and its characteristics. Furthermore, the subject of the crime serves as a full-view mirror of the social values the legislator intends to protect; thus, it holds a key position in explaining the quality of the crime and, ultimately, in determining punishment proportional to the extent of the violation of protected social values. Despite its undeniable importance, a long-standing challenge in this field is the lack of a comprehensive, consensus-based, and exclusive definition among jurists. Prominent figures in criminal law, such as George Fletcher, despite their deep insights, define the subject of the crime as the person or thing against whom the crime is committed. While accepted by many authors, this definition is insufficient for encompassing all instances, particularly in crimes committed directly against public order or general societal interests that lack a specific external instance (an individual or a tangible object). Adopting a critical-analytical approach, this article analyzes and critiques current definitions and highlights instances excluded from their scope, arguing that to provide a unified definition covering all angles, one must explain the common functional characteristics of the subject across various crimes. By filling the theoretical gap in general criminal law literature and explaining the neglected dimensions of this concept, this research attempts to provide a comprehensive definition emphasizing these common functional traits. It addresses the ontology and multiple functions of the concept in the law-making process, the precise determination of criminal liability, the mutual understanding of the concept by litigating parties in court, and its direct impact on the determination and execution of punishment. Finally, this applied research offers recommendations such as expanding academic discourse in universities, establishing a specialized institution titled the “Crime Subject Analysis Bureau”, and conducting a targeted revision of penal code texts to enhance the efficiency and comprehensiveness of the criminal justice system regarding this fundamental concept. https://jclc.illrc.ac.ir/article_728673.html The application of Artificial Intelligence (AI) and Machine Learning (ML) within the criminal justice system represents one of the most critical yet controversial scientific and legal challenges of the contemporary era. The primary concern stems from the inherent nature of these tools; AI-based systems lack human judgment, moral intuition, and the capacity to comprehend value-based concepts. Consequently, absolute reliance on such systems to determine the fate of defendants is not only inappropriate but also potentially dangerous, particularly regarding the complete replacement of human judges. Employing a descriptive-analytical method, this study explores this issue by focusing on two fundamental theoretical approaches in the philosophy of punishment: retributivism and utilitarianism. Simultaneously, it examines the challenges related to free will, moral responsibility, and the preservation of human values in the criminal justice process. Findings indicate that the legitimacy and efficacy of AI acting as a judge depend largely on the prevailing theory governing the penal system. Within the framework of retributivism, critics’ concerns appear justified, as this approach is grounded in judging the moral responsibility of the accused for past actions—a process requiring value assessments and moral reasoning beyond the capabilities of AI. In this context, replacing human judges with algorithms could undermine the moral foundations of criminal justice. Conversely, within a utilitarian framework—which focuses not on the past, but on future-oriented goals such as deterrence, rehabilitation, and social protection—the deployment of AI tools is more justifiable. Although these tools lack moral agency, their ability to analyze vast datasets, predict high-risk behaviors, and ensure uniform, impersonal decision-making procedures can effectively support utilitarian objectives, provided sufficient guarantees are established to protect fundamental rights. Ultimately, the study argues that the acceptance or rejection of AI in adjudication should not be absolute; rather, its legitimacy depends on the theoretical foundations and philosophy of punishment within a given legal system. Therefore, rethinking concepts such as justice, human dignity, and free will in the face of emerging technologies is an inevitable necessity for the future of criminal justice. https://jclc.illrc.ac.ir/article_729901.html The phenomenon of delayed proceedings constitutes one of the most serious structural challenges of the Iranian criminal justice system. Prolonged adjudication not only undermines fundamental principles such as the right to a fair trial, access to justice, and human dignity, but also weakens the deterrent effect of punishment and erodes public trust in the judiciary. In response to this persistent crisis, digital transformation initiatives, and in particular the development of electronic proceedings (e-proceedings), have emerged as a promising technological–legal approach. This article, adopting a descriptive–analytical method and drawing upon legal literature and key judicial policy documents such as the Document of Transformation and Excellence of the Judiciary, seeks to explore the role of e-proceedings in reducing judicial delay within the criminal process in Iran. The findings highlight that various electronic mechanisms—such as online complaint registration, electronic notifications, digital court orders, smart case files, and video hearings—can substantially accelerate proceedings, reduce bureaucratic costs, improve transparency, and reinforce the defendant’s right to defense. These measures also have criminological implications, including the reduction of victims’ secondary victimization and mitigating the psychological strain on defendants caused by prolonged litigation. Nevertheless, the implementation of e-proceedings in Iran faces significant challenges, including infrastructural weaknesses, unequal digital access, limited specialized training for judicial actors, and the risk of digital forgery and security breaches. Without careful regulation, these risks could jeopardize principles of due process and equality of arms. The study concludes that while e-proceedings are not a panacea, they can, when embedded in a precise legal framework, supported by continuous training and effective safeguards, serve as an important tool to reduce judicial delay, enhance efficiency, and restore legitimacy to the criminal justice system. Ultimately, the modernization of judicial processes through e-proceedings represents not only a technical innovation but also a structural reform necessary for realizing fair, timely, and trustworthy criminal justice in Iran. https://jclc.illrc.ac.ir/article_722551.html According to Article 269 of the Code of Criminal Procedure (2013), whenever the Prosecutor disagrees with the Investigator’s opinion and the Investigator persists in their stance, the case must be referred to the competent court for dispute resolution, and the court’s decision shall be final. A critical legal ambiguity arises when the Investigator issues a non-prosecution order based on “insufficiency of evidence,” yet upon review, the Prosecutor—while agreeing with the issuance of the order itself—disagrees with the specific legal ground invoked, arguing instead for a “lack of criminal element”. If the Investigator maintains their original reasoning, does this constitute a dispute requiring court intervention due to the Investigator’s refusal to yield, or is the Investigator legally bound to follow the Prosecutor’s instruction regarding the grounds for the order? Since the Code of Criminal Procedure is silent on disagreements concerning the grounds (rather than the essence) of a non-prosecution order, judicial practice is divided. Some jurists argue that the Investigator must submit to the Prosecutor’s view, while others maintain that judicial resolution is required. Among those advocating for court intervention, opinions further diverge on whether jurisdiction is established under Article 272 or Articles 269 and 271 of the Code. Employing a descriptive-analytical method, this study examines these divergent approaches and argues in favor of court intervention based on the application of Articles 269 and 271 to ensure procedural justice and adherence to the principle of res judicata. https://jclc.illrc.ac.ir/article_728293.html  Crime prevention policymaking is not an arbitrary process; rather, it is governed by fundamental principles. These principles regulate the crime prevention system, organizing and guiding decision-making and strategic planning. The extent to which a policymaking system practically adheres to these principles serves as an indicator of its success or failure in preventing crime and providing sustainable security. This study analyzes the concept and components of these principles and critically evaluates the status of their recognition within the Iranian crime prevention policymaking system. It is argued that a comprehensive understanding and pragmatic observance of these principles can promise the evolution of a coherent, purposeful, and efficient system. The central inquiry of this research addresses the identification of these fundamental principles and the approach of the Iranian legal system toward them. The results indicate that these principles consist of: the principle of scientificity, the principle of human rights observance, the principle of sustainability, the principle of calculability, the principle of inclusiveness, the principle of solidarity and differentiation, and the principle of participation. Furthermore, findings suggest that these principles have not been functionally recognized as necessary within the Iranian system—particularly in the Crime Prevention Act. This deficiency exists despite the fact that applying these principles guarantees the formation of a coherent policymaking structure. Consequently, updating approaches and procedures to enhance the efficiency of the crime prevention policymaking system in Iran is deemed essential. This research is qualitative, employing a descriptive-analytical method, and utilizes library resources (note-taking) for data collection. https://jclc.illrc.ac.ir/article_728925.html The structure of the mental element (mens rea) of crime has undergone transformations necessitated by the need for criminal law to address unintentional offenses. Consequently, fault or negligence (Taghsir) has been incorporated into the gradations of the mental element. This development requires criminal law to establish a criterion for identifying and determining instances of negligence. Therefore, the primary questions of this research revolve around how negligence is assessed and how its instances are determined. Adopting a descriptive-analytical method, the findings indicate that theories proposing purely objective or purely subjective criteria for assessment are ineffective due to fundamental differences between the foundations of criminal and civil liability. Instead, a combination of these two criteria is more compatible with the Iranian penal system. According to this approach, the mere commission of dangerous behavior creates a presumption of foreseeability regarding the risk; however, proving the subjective impossibility of foreseeing the risk rebuts this presumption. Regarding instances of criminal negligence, the Islamic Penal Code of 2013, in an innovative measure, categorizes all types of negligence under two instances: carelessness and recklessness/negligence in action, defining the objective states of negligence in the form of positive and negative behaviors, respectively. The necessity of criminal confrontation with negligent behaviors is another critical topic addressed in this study. Findings based on the harm principle and the danger principle suggest that the commission of dangerous behavior, despite the absence of specific criminal intent, necessitates a criminal response. This is because disregarding the consequences of behavior, despite the ability to foresee them, compels society—which requires the preservation of social values such as a sense of security and the establishment of social justice—to respond criminally to perpetrators who undermine these values. Consequently, in modern civic life, which possesses a dual nature (rights and duties), the criminal response to unconventional and dangerous behavior is viewed as a response to the necessities of citizenship. https://jclc.illrc.ac.ir/article_731602.html The effectiveness of control regulations and processes regarding waste crimes has declined due to a failure to secure citizen participation. The primary reasons for this failure appear to be the design of processes based on overt coercion and the centrality of a power-oriented discourse. The unilateral logic of the state, the utilization of coercion as a first resort, conflicts of interest, and a lack of diversity and flexibility in responses have positioned citizens to view waste crime regulations as unjust and unfair, thereby diminishing their willingness to comply. Furthermore, the concentration of interventionist measures on the urban poor—for whom waste-related offenses often constitute a lifestyle and a survival strategy for daily livelihood—indicates a decline in ethical standards, creating a dissonance between legal enforcement and the values accepted by the citizenry. Effective control of waste crimes requires a social context capable of fostering dialogue and stimulating mutual responsibility to promote voluntary and self-willed compliance. The goal is to replace the logic of overt force with an inherent obligation embedded within procedural fairness and civic motivation. The “Responsive Regulation” approach has demonstrated practical capacity in this regard, provided it aligns with the specific characteristics of waste crimes, respects local socio-cultural components, and integrates restorative justice principles at the level of citizen interaction. Currently, waste crime control in Iran lacks a transparent theoretical framework, a deficiency that has paved the way for expansive and arbitrary interpretations. Adopting a descriptive-analytical method based on library research, this article aims to establish a theoretical framework to answer two key questions: What are the consequences of the current logic governing waste crime control? And, given the nature of these crimes, what logic guarantees necessary efficiency? By examining the draft of the new Waste Management Law, this study proposes a “Responsive Regulation Pyramid” as an optimal intervention model. https://jclc.illrc.ac.ir/article_727154.html In criminal proceedings, the complainant is not merely a plaintiff alleging an offense but a potential victim whose material and moral rights must be safeguarded within a balanced procedural framework. Under a victim-centered model, the State bears a duty to protect its citizens, particularly since the occurrence of crime may arguably stem from the failure of the criminal justice system’s preventive mechanisms. While Iran’s Code of Criminal Procedure (2013) incorporates certain elements of this approach, its application remains partial and lacks the comprehensiveness observed in successful comparative jurisdictions. Significant structural and procedural deficiencies continue to undermine effective victim support. These include the inadequacy of applying strict civil procedure formalities to criminal compensation claims; the imposition of court costs on victims akin to civil plaintiffs; the legal inability to compensate the victim from bail confiscated from third parties; the lack of psychological and legal support for victims immediately upon reporting crimes to judicial officers; and the absence of a defined mechanism for calculating moral damages, which has led to judicial inconsistency. Consequently, the victim risks becoming a “forgotten entity” within the procedural framework. A rigid legalistic approach that prioritizes State rights over the immediate needs of the victim fosters dissatisfaction with the criminal justice system, potentially driving victims toward private retaliation rather than public recourse. Adopting a reasoned and analytical approach, this study critiques these statutory shortcomings and proposes legislative and policy-oriented solutions to bridge existing gaps and establish a more equitable, victim-sensitive justice system. https://jclc.illrc.ac.ir/article_728520.html Crimes against cultural heritage, including the deliberate destruction, looting, and trafficking of cultural artifacts and property, target not only the identity and history of nations but also, in certain instances, threaten the shared heritage of humanity. Examples such as the demolition of the Buddhas of Bamiyan in Afghanistan, the destruction of ancient Palmyra in Syria, and the devastation of historical sites in Timbuktu, Mali, demonstrate the scope and depth of these threats. Despite the adoption of international instruments like the 1954 Hague Convention, the existing framework of international criminal law—including the Rome Statute of the International Criminal Court (ICC)—lacks an independent offense of “crimes against cultural heritage” categorized under Crimes Against Humanity. Consequently, these acts are predominantly prosecuted as “War Crimes.” This classification creates a significant gap, as it often precludes prosecution in times of peace, reduces the effectiveness of deterrence, and diminishes the focus on reparative aspects. Adopting an analytical-critical approach, this study examines international documents and judicial practice—ranging from the Nuremberg Tribunal and the International Criminal Tribunal for the former Yugoslavia (ICTY) to the ICC, with a specific focus on the Ahmad Al-Mahdi case—to analyze the objectives of punishment regarding these crimes. The analytical framework combines the traditional approach (retribution and deterrence) with the modern approach (restorative and compensatory). Findings indicate that although restorative elements were incorporated into the sentencing process in certain rulings, notably Al-Mahdi, the prevailing approach remains largely traditional. It is argued that reforming the approach of international tribunals and recognizing “crimes against cultural heritage” as a specific crime under Crimes Against Humanity could facilitate prosecution during both armed conflicts and peacetime. Furthermore, strengthening reparative objectives in sentencing and developing international mechanisms—such as establishing an “International Fund for the Reconstruction and Restoration of Cultural Heritage” under ICC supervision—could elevate the goals of criminalization from a purely punitive reaction to a comprehensive, preventive, and restorative approach. This research utilizes a descriptive-analytical methodology, relying on library resources for data collection. https://jclc.illrc.ac.ir/article_727157.html Sexually Transmitted Infections (STIs) represent one of the most pressing modern threats to public health. Among these, the Human Papillomavirus (HPV) is globally prevalent, distinguished by its association with various malignancies, its highly contagious nature, and the difficulty of detecting asymptomatic carriers. These characteristics necessitate the design and implementation of comprehensive, efficient, and nationally coordinated preventive strategies. Adopting a descriptive-analytical methodology, this study addresses the social and legal challenges posed by the spread of STIs—focusing on HPV—and evaluates the capacity of both criminal and non-criminal preventive measures to control their proliferation within Iranian society. Findings indicate that the Iranian legal system suffers from significant legislative and executive lacunae regarding these viruses. Specifically, it lacks explicit criminalization of high-risk behaviors related to the intentional transmission of STIs, as well as clear policies and programs to counter their spread; a deficiency that severely undermines the effectiveness of control efforts. Conversely, comparative international experiences suggest that a combination of proportionate criminal sanctions, comprehensive sexual health education, public vaccination programs, and transparent media communication can be effective. Consequently, it is essential to formulate a multidimensional, integrated, and justice-oriented criminal policy that prioritizes awareness, empathy, and equal access to healthcare alongside law and order. A dual approach is proposed: Legal Prevention, achieved through transparent and proportionate criminalization aligned with the principles of criminal law; and Social Prevention, fostered through science-based education, public awareness campaigns, strategic media engagement, and nationwide vaccination programs. By drawing on the experiences of advanced legal systems and revising existing statutes, Iran’s criminal justice system can establish a suitable framework for coherent preventive strategies. The success of such policies hinges upon effective intersectoral cooperation among the health, education, and criminal justice systems. https://jclc.illrc.ac.ir/article_731752.html In recent years, Nudge Theory, as one of the key contributions of behavioral economics, has gained increasing attention in the realm of public policy. Nudges, as tools derived from behavioral insights, rely on the premise that Rational Choice Theory does not provide a reliable foundation for designing policy solutions, as human choices are susceptible to cognitive biases. Functioning as strategies for behavioral change, nudges can serve as suitable alternatives to traditional legal sanctions—including criminal penalties—or, at the very least, play a complementary role alongside these traditional mechanisms to resolve issues. However, the applications of nudges in legal policymaking, particularly within Iran, have not been studied as thoroughly as they warrant. Employing a qualitative method and a descriptive-analytical approach, this research seeks to answer the question: What capacities and functions does Nudge Theory hold for legal policymaking in general, and criminal justice policymaking in particular? To address this, the study presents and explains real-world examples of nudge application in legal policies, with an emphasis on criminal justice policies (criminal procedure, crime control, and prevention), and highlights certain existing grounds within Iranian criminal policymaking for their implementation. The findings indicate that, despite some significant criticisms regarding their legitimacy, nudges can be effectively utilized as simple and cost-efficient tools at various levels of the criminal justice system—including criminal procedure and crime prevention—without purporting to replace fundamental policymaking aimed at solving the root causes of justice system issues. This capability, achieved through the redesign of decision-making structures and the utilization of cognitive shortcuts, enables the enhancement of criminal justice policy efficiency. The application of nudges in any legal system is conditional upon observing considerations that guarantee their legitimacy in accordance with the specific characteristics of the implementing legal system. https://jclc.illrc.ac.ir/article_727156.html The specific terminology of “sexual abuse” as a distinct dimension of child maltreatment was first explicitly introduced in Iranian legislation under the Law on Protection of Children and Adolescents (2020). While this statute outlines numerous protective measures, the practical realization of its objectives is entirely contingent upon the initial detection of the abuse and the identification of the victim. Due to their physical and psychological vulnerabilities, child victims often maintain silence and may lack the cognitive awareness to recognize their own victimization. Furthermore, sexual abuse is inherently clandestine in nature. Failure to detect these crimes precludes necessary interventions to prevent secondary victimization and mitigate initial trauma, resulting in severe short- and long-term consequences for the child. Consequently, the intervention of third parties—particularly relatives and close associates—becomes indispensable for bringing these hidden crimes to light. The central inquiry of this study is: How can members of society be effectively mobilized to act as agents in this critical process? The findings suggest four key mechanisms: First, the legislature must dismantle the prevailing culture of secrecy by establishing a universal civic duty for all members of society to report such crimes. Second, public education is paramount; familiarity with behavioral indicators enables those close to the child to recognize warning signs and facilitate disclosure through appropriate questioning. Third, the quality of the response to initial disclosure is critical; negative or dismissive familial reactions can compel the child to retract their statement or retreat into silence. Fourth, raising awareness regarding risk factors—specifically situational conditions that render children vulnerable, such as physical or mental disabilities—significantly enhances the identification of abuse cases. https://jclc.illrc.ac.ir/article_730017.html The manner of prosecuting this violent crime during the preliminary investigation phase has been a subject of attention, concomitant with the increasing reach of terrorism and the necessity for effective countermeasures against this ominous phenomenon. Therefore, the drafting and establishment of special regulations aimed at preventing the occurrence or escalation of terrorist attacks in the pre-trial stage plays a vital and significant role in enhancing the state’s protective function toward society.Differentiated proceedings in the realm of terrorism are justified from two perspectives—the offender and the victim—by considering the high-risk personality of terrorist perpetrators and the complexity of detecting imminent terrorist acts, as well as the need to formulate protective aspects and compensation for victims.Following the September 11 attacks and the July 2005 bombings, the legal systems of the United States and the United Kingdom adopted regulations based on a differentiated approach. These include mechanisms such as preventive detention, surveillance of communications, the use of special agents to monitor potential activities, and the restriction of the right to access a lawyer. The findings indicate that these two countries, with a security-driven approach, have distanced themselves from the tenets of modern social defense and tend towards a return to the classical school of criminal justice.In contrast, despite the ratification of scattered regulations such as the Law on Combating the Financing of Terrorism, the Iranian legal system lacks a comprehensive and coherent framework for differentiated proceedings in terrorist crimes.This paper seeks to answer the question of what differentiated mechanisms the legal systems of the United States and the United Kingdom utilize in the preliminary investigation of terrorist crimes, and how Iran’s laws can be reviewed and supplemented in line with national interests. This research, utilizing library resources and employing a descriptive-analytical methodology, attempts to answer this question and strives to provide solutions for addressing the existing deficiencies and gaps in the Iranian legal system through a comparative study. https://jclc.illrc.ac.ir/article_728519.html  Criminal and harmful behaviors in the field of education and training that violate the right to education necessitate a specific response from criminal policy. The primary question addressed in this study is: What is the response of Iran’s criminal policy to crimes and deviations in the educational sphere, and what challenges does it face? Employing a library-based descriptive-analytical method, this research seeks to provide solutions to improve the implementation of the right to education in the Iranian legal system. The response of criminal policy to the violation of this right is categorized into criminal and non-criminal measures. Due to the dominance of the principle of minimalist criminal law in Iran’s policy, criminal responses are limited, primarily relying on two offenses: “preventing education” and “violating the right to education” pursuant to Article 570 of the Islamic Penal Code. The most significant administrative response is the annulment of regulations that conflict with the right to education, based on Article 30 of the Constitution and Article 12 of the Law on the Organization and Procedure of the Administrative Court of Justice. An examination of the challenges reveals that criminal sanctions are applied mainly to individuals who prevent children and adolescents from receiving education, while the criminal liability of legal entities and the State is often overlooked. This minimalist approach has led to impunity for many criminal and deviant behaviors, preventing full criminal protection. Furthermore, civil and administrative enforcement guarantees rely on general rules of civil liability, which presents significant obstacles; specifically, the impossibility of determining the exact type and amount of damage, the ambiguity regarding the perpetrators of the damage, and the often irreparable nature of losses caused by the violation of the right to education. It is suggested that the response to these phenomena be organized within the framework of a differentiated procedure for all types of crimes and deviations to fully realize the positive effects of education. https://jclc.illrc.ac.ir/article_727192.html The institution of “Postponement of the Issuance of Judgment” serves as a modern leniency measure within criminal law, designed to reduce prison populations, facilitate offender rehabilitation, and enhance the overall efficiency of the criminal justice system. Adopting a descriptive-analytical methodology, this study evaluates the practical efficacy of this institution within the Iranian legal system and compares it with similar mechanisms in English law. In Iran, while the Islamic Penal Code (2013) formally recognizes this measure under Article 40, findings indicate that serious deficiencies in judicial capacity, sentencing determination, and execution mechanisms have hindered its effectiveness. Specifically, “Care-oriented Postponement”—which, under Articles 42 and 43, mandates conditions such as counseling, community service, or abstention from specific associations—faces significant implementation hurdles. Due to the absence of sufficient personnel, specialized social institutions, and coordinated mechanisms between courts and social services, judges are often compelled to resort to “Simple Postponement”, which lacks restorative conditions. Conversely, the English legal system employs a structured approach supported by the Sentencing Council and effective supervisory bodies (such as the Probation Service), ensuring that deferred sentencing is implemented with precision and adequate monitoring. The study concludes that the effective utilization of this measure in Iran requires a fundamental revision of the executive structure, the formulation of detailed judicial guidelines, and the establishment of specialized support institutions. https://jclc.illrc.ac.ir/article_728275.html Juvenile delinquency is considered one of the most critical legal and social challenges in modern societies, and addressing it requires a specialized, differentiated criminal policy centered on the best interests of the child. This study, using a comparative approach and descriptive-analytical method, examines the criminal policies of Iran and Jordan in dealing with juvenile delinquency. Both countries have a relatively long-standing history in this field and, over the years, have taken continuous and significant steps toward developing differentiated criminal policies for children and adolescents. Jordan was selected for this comparative study due to its pioneering role among Arab countries in adopting juvenile-specific criminal policies, the relative simultaneity of its policy developments with those of Iran, and its proactive stance in reforming judicial procedures.The main research question is whether these two countries have managed to develop an effective and desirable model of juvenile justice, and what their similarities, differences, and challenges are in both legislation and implementation. The findings indicate that while both countries have in recent decades moved away from purely punitive and repressive approaches toward more rehabilitative, reformative, and educational strategies for dealing with juvenile offenders—and have adopted differentiated and mitigated criminal policies—significant legislative and practical challenges remain, particularly in harmonizing laws with international standards.In Iran, responses to juvenile crimes vary based on the type of offense (ḥadd, qiṣāṣ, diya, or ta‘zīr), and within the ta‘zīr category, also depend on the offender's age group (from 9 to 18 years). In contrast, Jordan’s legal approach is based solely on age classification, dividing responses into two main categories: custodial measures (Articles 25 and 26) and alternative measures (Article 24).This research concludes by offering recommendations such as strengthening restorative justice, revising certain legal provisions, avoiding legislative ambiguity, enhancing preventive strategies, and increasing public awareness—emphasizing the need to reform and modernize the criminal policies of both Iran and Jordan concerning juvenile offenders. https://jclc.illrc.ac.ir/article_728640.html In recent decades, the rapid spread of digital currencies, especially Bitcoin and Ethereum, along with the development of blockchain technology, has created fundamental changes in global financial systems. Although these developments have provided numerous opportunities for economic development and improved efficiency of financial systems, they have also brought with them complex and emerging cybersecurity challenges. The main issue in dealing with digital currencies is the comprehensive identification of security challenges arising from the decentralized and anonymous nature of transactions, as well as the utilization of the capacities of blockchain technology as an efficient tool for strengthening cybersecurity.The present study examines various aspects of this issue with a theoretical approach and a descriptive-analytical method using library resources. The main objective of the article is to identify and analyze financial and cyber crimes related to digital currencies, explain the security challenges arising from the development of this technology, and examine technological opportunities to deal with its threats. The research findings show that cryptocurrencies, in addition to providing a suitable platform for crimes such as money laundering, terrorist financing, digital asset theft, phishing attacks, and ransomware, also offer important opportunities for improving cybersecurity. In particular, blockchain technology, with its ability to record transactions immutably and create secure decentralized networks, has a high potential for increasing transparency and user trust. Also, using artificial intelligence and machine learning to analyze suspicious behaviors in cryptocurrency transactions is an effective solution for preventing digital financial crimes. The overall conclusion of this research is to emphasize the need to develop comprehensive and interdisciplinary strategies that include legal, technological, and educational dimensions to protect users' personal information and digital assets, as well as to create appropriate legal and technological platforms for optimal exploitation of the opportunities of cryptocurrencies in line with the economic development of countries. In addition, international cooperation, regulatory standardization, and investment in innovative cybersecurity and blockchain technology research are essential requirements for managing this emerging phenomenon. Ultimately, achieving sustainable security in the field of digital curre ncies requires a holistic and synergistic approach between governments, researchers, and IT industry actors. https://jclc.illrc.ac.ir/article_727155.html Compensation for crime-related harm is a key part of criminal justice., contributing to the restoration of the victim’s condition and reinforcing public trust in the judicial system. According to principles recognized in advanced legal systems, the primary responsibility for compensation lies with the offender, who is obligated to redress the damages caused. However, in some cases, victims are unable to obtain compensation due to various circumstances. In such circumstances, the principle of victim protection necessitates state intervention through mechanisms such as compensation funds or insurance schemes. In Iranian law, the state’s obligation to compensate through the public treasury is rooted in religious principles; that is, the treasury, as a matter of religious duty, is responsible for compensating victims in specific cases, even in the absence or after the death of the offender. By contrast, in the English legal system, state compensation has a protective and discretionary character, contingent upon governmental financial policies and available public resources. The state does not consider itself legally indebted to victims, but rather supports them within the framework of a charitable or welfare-based approach. This study adopts a comparative approach to examine state compensation for crime in the legal systems of Iran and England. The findings indicate that, in Iranian law, despite the emphasis on the necessity of compensation, the state’s protective role is restricted to specific conditions such as the inability to identify the perpetrator, their escape, or financial incapacity. In contrast, the English legal system provides a broader scope of protection and, through the establishment of the Criminal Injuries Compensation Authority (CICA), offers specific support mechanisms for vulnerable groups. Using a descriptive-analytical methodology, this research explores the role of the state in compensating crime victims within these legal frameworks, identifies the challenges in realizing this goal, and ultimately presents recommendations for improving compensation mechanisms and overcoming existing barriers. https://jclc.illrc.ac.ir/article_728294.html In the third chapter, the second section of the Iranian Code of Criminal Procedure (2013r, by adopting Article 40 of the French Code of Criminal Procedure, the legislator has referred to the powers and duties of the public prosecutor to issue an order to the archiving of a case by "judicial authority" in offenses of the seventh and eighth degrees. With reference to the above-mentioned provision, the question arises whether, despite the direct investigation and detection of crimes by the court, the word "judicial authority", in the mentioned offenses refers to the prosecuting prosecutor and whether the prosecutor has the authority to issue such an order, or whether it should solely be the competence of the court? The research findings indicate that, contrary to the opinions of some judges, the prosecutor has the authority to issue this order. This has also been observed in the practice of certain public prosecutors. According to the Code of Criminal Procedure, the term” direct referral of the case of the court” does not mean the direct presentation of the complaint or judicial officers to the court, rather, after the identification of instances of direct filing by the prosecutor the public prosecutor, as applicable, the case must be referred directly to the competent court either by an order of lack of jurisdiction (in relation to the Conciliation Court) or without such order (regarding other criminal courts). The prosecutor in this context has the right to utilize alternative measures to prosecuting the accused, as provided in the Criminal Procedure Code, such as filing the case away (archiving the case and thereby prevent the continuation of the case in the court. Accordingly, this does not negate the court’s authority to issue an order for case archiving. This criminal research employs a descriptive-analytical method to examine the subject. https://jclc.illrc.ac.ir/article_728691.html The customization of criminal law, which manifests itself across various stages including pre-legislation, legislation, interpretation, adjudication, and the execution of sentences, constitutes a methodology that delineates criminal norms within legal processes by drawing upon the prevailing customs of society and the cultural contexts of individuals. Numerous Islamic countries, notwithstanding their adherence to Islamic precepts and regulations, have prioritized customary practices in their norm-setting frameworks and judicial determinations. This article, employing a descriptive-analytical approach, seeks to address the following inquiries: How can the duality between custom and Sharia be reconciled within the legislative systems of nations governed by Islamic law? What imperatives necessitate the customization of criminal law? What are the specific manifestations of this customization within the Iranian context? What are the consequences arising from the customization of criminal law? The study examines the conceptualization of customizing criminal law, its expressions across different dimensions of criminal justice structures, and evaluates both its positive and negative implications. Research findings suggest that certain behaviors undergo criminalization or decriminalization over time as a result of normative transformations, thereby underscoring the profound influence of customs on criminal law. Customs, as reflections of societal culture and values, serve to address legal lacunae and enhance the social legitimacy of criminal law. Consequently, although the principle of legality in criminal law constrains the post-legislative role of customs, the integration of customs into the norm-setting phase and other criminal justice processes is deemed beneficial for religious, ethical, sociological, cultural, and criminological reasons. While acknowledging potential adverse outcomes, the overarching advantages—such as heightened legal legitimacy, improved alignment with societal norms, reinforced public order, reduced public discontent, and the prevention of governmental overreach—are considered to outweigh the disadvantages. Nevertheless, it is imperative to recognize that customs may occasionally conflict with Sharia or statutory law, potentially undermining legal authority and giving rise to theoretical and practical conflicts. https://jclc.illrc.ac.ir/article_728872.html Fraud is a set of acts and statements that play a role in both the material and mental elements of fraud-related crimes. In the Iranian criminal justice system, fraud plays a fundamental role in many financial and non-financial crimes (such as fraud, forgery, theft, fraudulent bankruptcy, unlawful acquisition of property, and fraud in the preparation of academic works). These offenses can be referred to as fraud-related crimes. Fraudulent conduct includes actions aimed at misleading the victim by presenting a false or deceptive matter as a true one, with the purpose of obtaining an unfair material benefit for oneself or another and causing harm to the victim. Fraud does not serve the same function in all fraud-related crimes. In this research, using a descriptive-analytical method and after analyzing and reviewing information collected from library sources, the place and role of fraud [deception or trickery] in the material and mental elements of fraud-related crimes have been examined, with the central question of what role this component plays in these elements. According to the findings, in the crimes of forgery, the preparation and circulation of counterfeit coins, and fraud in cultural-historical works, fraud operates in the form of falsification of truth in the material element, and in the form of knowledge of the fraudulent nature of the criminal act in the mental element. In fraud (swindling), fraud within the material element—through fraudulent maneuvers and deception of the victim—is the main condition for the realization of the offense. Within the material element of the crime of unlawful acquisition of property, fraud is realized through the misuse of privileges or the illegal distribution of goods. In the offense of fraud in the preparation of academic works, fraud appears as a criminal motive. In other crimes addressed in this study, fraud, in addition to its role in realizing the material element of the respective offense, plays a role in the mental element in the form of knowledge of the fraudulent subject matter and the intent to commit fraudulent conduct. https://jclc.illrc.ac.ir/article_729616.html Background and Objective: Electronic litigation, as an innovative process, has significantly reduced many challenges in the judicial procedure and plays a key role in achieving the primary objective of criminal law: ensuring justice and legal accountability in the shortest possible time. This type of litigation, by minimizing temporal and spatial constraints, reducing judicial system costs, increasing the speed of case handling, improving information management, and enhancing judicial and administrative security, has brought substantial benefits to the legal system.Despite these advantages, one of the major challenges of electronic litigation is the violation of individuals’ privacy. Digital technologies, by providing extensive tools for data collection and processing, create new threats to the security of personal and professional information and underscore the urgent need for privacy protection. The present study, while examining the manifestations of privacy violations in the electronic litigation system, analyzes preventive measures against these threats across three key stages of litigation: investigation, trial, and enforcement, aiming to propose a comprehensive framework to enhance the efficiency and security of electronic litigation.Research Method: This study employs a descriptive-analytical approach to examine various aspects of privacy protection in electronic litigation. It identifies situational, social, and legislative preventive measures and analyzes mechanisms to improve performance and strengthen public trust in the judicial system.Findings and Results: The findings indicate that privacy in the digital space holds the same legal and ethical significance as privacy in the physical world, and safeguarding personal and professional documents and information is essential. Regarding situational prevention, electronic monitoring and judicial oversight using advanced tools are among the most effective strategies. Social prevention includes enhancing digital literacy, promoting transparency, increasing public trust, and encouraging citizen participation in oversight. From a legislative perspective, enacting an independent and effective law to protect privacy is of critical importance.Establishing a secure and transparent electronic litigation system requires coordinated collaboration between judicial authorities and civil society, and preventive measures across the legislative, situational, and social domains must be implemented simultaneously to mitigate privacy threats and maintain public trust in the electronic judicial system. https://jclc.illrc.ac.ir/article_731303.html This study explores the role of the general will in Jean-Jacques Rousseau’s social contract theory and its application in strengthening restorative justice within contemporary criminal justice systems. The primary objective is to elucidate how the concepts of the social contract can enhance criminal justice frameworks, with a particular focus on restorative justice, which prioritizes rebuilding social relationships, compensating victims, and rehabilitating offenders over mere punishment. The research employs a theoretical-critical methodology with a comparative approach, analyzing classical social contract theories (Hobbes, Locke, and Rousseau) alongside contemporary perspectives (Rawls, Pettit, and Nussbaum). Initially, the theoretical foundations of Rousseau’s social contract, particularly the concept of the general will—representing the collective desire for the common good—are examined. Subsequently, its connection to restorative justice is investigated through philosophical texts and contemporary criminological studies. Findings indicate that Rousseau’s general will, by emphasizing collective participation and social cohesion, provides a robust theoretical framework for advancing restorative justice. This approach, through processes like mediation and victim compensation, not only resolves conflicts but also enhances social trust and the legitimacy of the criminal justice system. However, adapting this framework to modern societies faces challenges such as structural inequalities, cultural diversity, and resistance from traditional judicial institutions. For instance, racial and cultural diversity can complicate social agreements, while economic and gender disparities may undermine equal participation. Proposed solutions include expanding mediation in addressing crimes, enhancing victim support through financial and psychological programs, revising discriminatory laws to reduce racial and gender inequalities, and aligning criminal justice policies with the values of multicultural societies. The study concludes that Rousseau’s social contract, when reinterpreted through contemporary theories, can foster a more just, inclusive, and humane criminal justice system. Future research is recommended to explore the impact of emerging technologies, such as digital mediation platforms, and the influence of globalization on shaping the general will in modern criminal justice systems. https://jclc.illrc.ac.ir/article_731806.html In tandem with the increasing and ever-expanding development of the cyberspace and the pervasive growth of social networks into various layers of individual and social life, this realm has inevitably become a fertile ground for the emergence and spread of novel and complex crimes. Among users, children and adolescents, due to their specific developmental characteristics, psychological traits, and lower level of experience, are more vulnerable to these cyber threats compared to adults. A prominent and concerning example of these dangers is the sinister phenomenon of "cyber grooming," a process in which an adult, by employing deceptive methods, false promises, and advanced techniques of psychological manipulation, gradually gains the trust of a child or adolescent to establish an illicit and exploitative relationship.This applied research, adopting an analytical-descriptive approach and through extensive study and analysis of authoritative library resources and scientific articles, seeks to elucidate and present preventive strategies at both macro and micro levels. The findings of the research clearly demonstrate that at the first level (Governance and Institutional Strategies), effective and strategic solutions include the following: The continuous formulation and revision of deterrent and transparent laws, the structural and budgetary strengthening of regulatory bodies, the development and design of secure, native platforms with high standards specifically for children, the implementation of structured and engaging educational programs in schools and through national media, and the quantitative and qualitative expansion of specialized cyber police patrols utilizing expert personnel.At the second level (Family-Centered Strategies), vital practical interventions and actions such as the following were identified and introduced: Active and intelligent management of children's access to the digital space, securing user accounts with precise privacy settings, the use of control and monitoring software while maintaining trust, and most importantly, the continuous implementation of educational programs and sincere dialogues about the dangers of the digital space within the secure family environment.In final conclusion, it can be stated that an effective and sustainable confrontation with this destructive phenomenon necessitates national resolve and comprehensive cooperation between governance institutions, families, and civil society. The simultaneous and coordinated implementation of legal, technical, and cultural solutions within the framework of a comprehensive support system is the only viable strategy for the effective safeguarding of children and ensuring their psychological well-being and security in the seemingly boundless cyberspace. https://jclc.illrc.ac.ir/article_731906.html Witness testimony may be given in court or outside of it and before authorities such as the prosecutor's office, the Dispute Resolution Council, branches of the Supreme Court, or even in notary offices. The question is, first, can testimony given outside of court actually have the effects of testimony as a religious or legal evidence? Second, if this testimony is given falsely, is giving false testimony outside of court punishable from the perspective of jurisprudence and customary criminal law? Although Article 650 of the Islamic Jurisprudence Act of 1375 (1996) considers false testimony "in court and before official authorities" a crime and punishable, the unanimous decision of the Supreme Court No. 835 dated 06/28/1402 (1996) also considers testimony given in a "prosecutor's office" to be included in this article and punishable. This approach of the General Board of the Supreme Court, in addition to being contrary to the express text of the law, also provides the reason for expanding the scope of the article, which is contrary to the principle of interpretation in favor of the accused in criminal matters. In addition, in jurisprudential sources, since testimony if it is "in the presence of the judge" contains the value and effects of testimony as a religious evidence, therefore, it is generally punishable only if false testimony is given before the judge who issued the sentence. The present study aims to answer the above questions and criticize the unanimous decision No. 835 of the General Board of the Supreme Court, written in a descriptive-analytical and critical manner. The method of collecting information is also library and documentary. It seems that this unanimous decision has caused the undue generalization and development of Article 650 of the Islamic Penal Code, and the preference of expediency over legalism by the General Board of the Supreme Court in issuing the unanimous decision No. 835 is considered an undesirable and dangerous procedure that will have numerous effects and consequences. https://jclc.illrc.ac.ir/article_732370.html The relationship between women's sense of security, taking protective measures, and their vulnerability in traditional societies such as Afghanistan is a topic that has been addressed by few authors. Therefore, the aim of this article is to evaluate the relationship between taking protective measures, women's vulnerability, and sense of security in Kabul city. The method of this research is descriptive-analytical in terms of cross-sectional time. The statistical population of the research is women aged 18 to 70. The sample size is determined as 247 people. The sampling method is simple random sampling. Data collection was carried out through a researcher-made questionnaire. The validity and reliability of the questionnaire were based on face and content validity, with Cronbach's alpha value higher than 0.8. Data analysis was performed using SPSS version 26 software. The research findings show that women who are highly educated in Kabul city have a greater sense of security than women who are illiterate. On the other hand, there is a relationship between women's jobs and security, such that the feeling of insecurity is higher among female soldiers than others; while female students, employees, retirees, and housewives have observed a lower feeling of insecurity in Kabul; single women have a higher feeling of insecurity than married women and women who live alone. In addition to demographic variables, the research proves the hypothesis that the greater the feeling of vulnerability of women in Kabul, the greater their feeling of insecurity will be. The test considered in the present study shows that there is a significant relationship between the feeling of insecurity and vulnerability of women in Kabul. Finally, the variable of protective measures is such that the more protective measures are taken, the less women feel insecure in Kabul. The conclusion of the research states that there is a relationship between protective measures, vulnerability, and the feeling of insecurity in Kabul. Demographic variables are effective in the feeling and lack of feeling of security of women in Kabul. https://jclc.illrc.ac.ir/article_732693.html In the Iranian economy، which is facing the complexity of financial relations and severe currency fluctuations، the role of exchanges is of great importance. They can help economic stability in a crisis by regulating the market and balancing supply and demand. But in practice، the weakness of the rules and the lack of effective oversight have made some of these exchanges، especially their unauthorized types، a suitable platform for organized financial crimes and specifically money laundering.The present study examines the central question of how the activities of exchanges are related to the formation of organized financial crimes and how well the regulatory system is able to contain this process. It is assumed that the expansion of unauthorized exchanges and existing regulatory gaps have directly underpinned the increase in foreign exchange crimes and the weakening of the financial health of the country.Here، using the method of qualitative research and analysis of legal documents، related doctrines، the findings show That illegal exchanges، by exploiting structural weaknesses، play an effective role in facilitating money laundering and exacerbating currency market instability. In contrast، authorized exchanges that comply with regulations and have financial transparency can be a factor in preventing economic corruption.The most important regulatory challenges in this area include the lack of coordination between the responsible institutions and the lack of technological infrastructure necessary for instantaneous and intelligent monitoring of financial transactions. To overcome these problems and reduce currency crimes، two key solutions are proposed: first، the design and deployment of a national intelligent monitoring system for currency transactions، and second، the requirement of all exchanges to accurately authenticate customers ' digital identities. Implementing these solutions can increase the resilience of the financial system to such crimes. It is essential to adopt a preventive and forward-looking criminal policy that relies on risk analysis and adaptive regulation versus possible crimes.They can be effective ways to prevent damage of their kind. https://jclc.illrc.ac.ir/article_732853.html Criminal policymaking is a process that responds to criminal behavior based on a logical framework based on the values ​​and requirements of society in order to restore order and security to society. In some circumstances, legal-political systems, especially under the influence of a populist atmosphere, tend to focus on specific groups of criminals (such as illegal immigrants, addicts, etc.) as "scapegoats" and implement strict criminal policies. The aim of this work is to divert public opinion from the complex roots of insecurity, create a false sense of security and social unity, and gain political legitimacy through a display of power and decisive response. From this perspective, it can be said that criminal policy is related to and affects each other with security, populism, and the scapegoat theory, and the main issue of this article is to examine and explain this relationship in Iranian criminal policy.The research method in this study is descriptive-analytical and, using library and documentary resources, explores the theoretical foundations, indicators, and consequences of this approach. The research findings show that the combination of criminal populism and the scapegoat mechanism leads to the formation of policies that are mainly showy, lack real efficiency in reducing crimes, and violate the fundamental principles of criminal law such as justice, proportionality of crime and punishment, and the prohibition of discrimination. These policies not only do not solve the main problem, but also lead to distrust in governing institutions and the weakening of democracy by fueling moral panic, creating social resentment, and ignoring the root causes of crime.Consequently, it should be emphasized that moving beyond the paradigm of de-securization and short-term populism and moving towards a “rational and evidence-based criminal policy” that focuses on social prevention, rehabilitation, and solving the socio-economic roots of crime is essential. The prerequisite for such an approach, which not only leads to more sustainable security, but is also fully consistent with the standards of a fair criminal justice system and human rights, is the reform of criminal policies in various legislative, judicial, executive, and preventive dimensions https://jclc.illrc.ac.ir/article_732854.html One of the important issues in criminal law is the criminalization of conditions that are not based on the commission of a specific act but rather on the recognition of a particular state or circumstance in a person. Drug addiction is one such condition, which has always been a subject of controversy among criminal law scholars. In the present study, using a descriptive-analytical approach, the criminalization of addiction is examined within the framework of status-based offenses, and an attempt is made, through a comparative study of the legal systems of Iran and the United States, to analyze the similarities and differences between the two systems in addressing this phenomenon. Within this framework, the theoretical foundations of addiction and status-based crimes, along with their constitutive elements, are first explained, and then the perspectives put forward in Iranian and American law regarding the criminalization of addiction are analyzed. Moreover, by examining the U.S. criminal approach toward the status of addiction and the distinction between “use” and “addiction,” the study seeks to provide clearer grounds for explaining and comparing the criminal policies concerning this phenomenon in the Iranian and American legal systems. The findings of this study reveal that the criminalization of addiction conflicts with fundamental principles of criminal law, including the principle of legality and the principle of act-based criminalization. In the U.S. legal system, based on the Supreme Court’s ruling in Robinson, mere addiction has been deemed non-punishable, and most theorists concur with this position. In Iranian law, although addiction has been criminalized since 1980, the legislative approach has gradually shifted from a punishment-oriented model to a treatment-oriented one. From a theoretical perspective as well, the alignment of “mere status” with the material element of a crime (conduct) cannot be justified. Accordingly, a reconsideration of Iran’s criminal policy toward this phenomenon seems necessary. https://jclc.illrc.ac.ir/article_733010.html The legality of crimes and punishments, as one of the fundamental aspects of the rule of law, has traditionally meant the necessity of the guardians to act within the framework of predetermined laws. Today, the realization of this principle requires the observance of numerous formal and substantive criteria in the process of approval and content of the law, which are also derived from explicit or implicit international obligations or recommendations. In the meantime, cultural neutrality is an approach that recommends indifference to most cultural conflicts of individuals and sometimes assumes the implementation of guarantees in favor of minority cultures. The aim of this article is to establish the transnational validity of this approach and its importance in realizing the criteria of the principle of legality of crimes and punishments in domestic criminal law. Therefore, the most important international sources of cultural neutrality, the effectiveness of this approach in legislating crimes and punishments in the field of culture, and the approach of the Iranian criminal legislator in this regard are under question, which are examined in a descriptive-analytical manner. The findings indicate that cultural neutrality is mentioned in many general human rights documents and procedures, and a number of specific documents and procedures are also in line with its acceptance. By creating immunity for people with different cultures from unjustified restrictions and also recommending positive discrimination against cultural minorities, this approach, in addition to creating the basis for the rule of pre-established norms in crimes and punishments in the field of culture, also lays the foundation for the qualitative and moralization of any criminal norm-setting in this field. In Iran, cultural components such as race, language, and ethnicity are not a factor for suspicion towards their holders, but since this system relies on the existence of a superior religion to guide its citizens, it often does not adhere to the formal and substantive rules of the principle of legality in criminalizing behaviors arising from different religions and emerging religious beliefs, and behaviors based on hatred of these components, as well as punishing their believers. https://jclc.illrc.ac.ir/article_733214.html AbstractThe offense of a broker’s breach of trust, recognized as a specific crime within commercial relations, is provided for in Article 349 of the Iranian Commercial Code and Article 56 of the 2024 Draft Commercial Bill. Despite the significance of this offense in safeguarding intermediary commercial relationships, the precise scope of its constituent elements and the effectiveness of the current criminal policy remain ambiguous and contested. The central inquiry of this study is to delineate the essential elements of this offense and to assess the effectiveness of its current criminalization in light of recent developments in Iranian commercial law, using a descriptive–analytical method. The findings indicate that the broker’s breach of trust possesses a legal nature distinct from the general offense of breach of trust, being grounded in a professional fiduciary duty arising from contractual and customary relations between the broker and the principal. The results further reveal that although the 2024 Draft Commercial Bill has taken a positive step toward reforming the type of criminal sanctions, it still contains shortcomings with respect to the inclusion of non-pecuniary interests, the liability of the other party to the transaction, and the gradation of penalties proportionate to the harm caused. The paper concludes with recommendations for legislative reform and directions for future research. Moreover, by distinguishing the legal, material (actus reus), and mental (mens rea) elements of the offence, the study shows that the criminal conduct may encompass the appropriation, use, or destruction of property and documents entrusted within the scope of brokerage activity, and that its realization requires proof of general criminal intent as well as an intent to cause harm or to obtain an unlawful benefit. An examination of judicial practice and doctrinal opinions likewise offers criteria for identifying the notion of “entrustment” and for delineating the boundaries of professional trust.Keywords:Broker’s Breach of Trust; Criminal Protection; General Breach of Trust; Article 349 Commercial Code; 2024 Draft Commercial Bill. https://jclc.illrc.ac.ir/article_733303.html The Islamic Republic of Iran is founded upon two pillars: divine legitimacy and popular acceptance, with the theory of Velayat-e Faqih forming the cornerstone of its divine legitimacy. However, the absence of a sustained historical experience of Shia’s governance over many centuries, along with the predominantly modern nature of criminal law issues, has resulted in insufficient coherence in contemporary Islamic criminal jurisprudence. Institutionally, the structure of criminal legislation remains influenced by the secular legislative model inherited from the Constitutional era, while no systematic mechanism for continuous ijtihad in criminalization and punishment has been established. In the long run, this situation risks the gradual secularization of criminal law and its divergence from Islamic foundations.Using a descriptive–analytical method, and drawing on theoretical studies, the semantic implications of Quranic concepts, the Sunnah, the opinions of Shia’s jurists, the interpretative views of the Guardian Council, and an examination of prevailing legislative practice, this article seeks to answer the following question: To what extent is the structure of criminal legislation in the Islamic Republic of Iran grounded in the principles of Shia’s jurisprudence and the requirements of the political theory of Velayat-e Faqih, and what structural deficiencies and contradictions have caused its deviation from Islamic principles and the Constitution?The findings demonstrate that criminal legislation in practice faces serious institutional and conceptual contradictions. The main innovation of this study lies in expanding the Quranic concept of qazāʾ and showing that criminal legislation falls within its domain and is inherently juristic–governmental in nature. The analysis also highlights the role of the Guardian Council and the practical obstruction of the Islamic Consultative Assembly in criminal legislation.The article concludes that the continuation of the current structure is incompatible with both Shia’s jurisprudential foundations and the requirements of Velayat-e Faqih. A fundamental revision of the structure of criminal legislation, based on collective, transparent, and accountable ijtihad, is therefore necessary to preserve religious legitimacy and ensure the effectiveness of criminal law. https://jclc.illrc.ac.ir/article_733499.html Proportional monetary fines, as one of the novel and purpose-oriented forms of financial punishment, are designed based on the principle of proportionality between the crime and the penalty, taking into account the offender’s financial and social circumstances. They are considered among the significant measures aimed at promoting justice in response to financial crimes within the Iranian criminal justice system. In this system, the amount of the fine is not determined by a fixed figure; rather, it is calculated based on the benefit derived from committing the crime, the extent of the damage caused, and the financial capacity of the offender. the purpose of this mechanism is to prevent the ineffectiveness of punishment against offenders with substantial financial resources, for whom fixed monetary penalties are practically non-deterrent. Despite its numerous theoretical advantages, the implementation of this criminal law institution faces several obstacles in practice. These include the lack of clear legal guidelines for determining the minimum and maximum fines, the absence of a consistent judicial practice in dealing with recidivism, the conflict of this mechanism with the principle of personal liability of punishments, the risk of inequality in the administration of criminal justice if the offender’s assets are not accurately assessed, and the conversion of monetary fines into imprisonment in cases of non-payment, which can undermine the very spirit of the institution.From a theoretical standpoint, proportional monetary fines result from the convergence of two major approaches in criminal philosophy: retributivism and utilitarianism. Retributivism, emphasizing the proportionality between the crime and the punishment, justifies the legitimacy of this type of penalty based on its correspondence to the benefit gained from the offense. In contrast, utilitarianism, relying on the principle of deterrence, views this mechanism as an effective tool for reducing the incentive to commit financial crimes. especially in today’s economic context, the link between criminal justice and economic efficiency has highlighted the necessity of the purposeful use of such instruments. This study, using a descriptive-analytical method, examines the theoretical foundations, strengths, weaknesses, and practical challenges of proportional monetary fines, emphasizing the need for legislative reforms, clarification of the enforcement structure, and the development of coherent judicial guidelines. Such measures are essential to enable this mechanism to function as an effective, fair, and economically proportional tool within society. https://jclc.illrc.ac.ir/article_733501.html Objective: This study provides a thorough investigation into how four key parenting styles authoritative, authoritarian, permissive, and neglectful are connected to the likelihood of delinquent behavior in children and adolescents. The study examines the intricate effects of psychological, social, cultural, and economic factors on the origin, solidification, and continuation of deviant behaviors. The aim is to create a framework grounded in empirical evidence that enhances both the theoretical and practical comprehension of adolescent delinquency and promotes the development of preventive strategies based on evidence.Methods: The research utilizes an analytical comparative approach underpinned by a comprehensive and in-depth analysis of both domestic and global academic research. The analysis draws on the results of extensive empirical studies, large-scale field research, and recent meta-analyses of parenting practices and developmental outcomes. The assessment encompasses various dimensions, such as parental monitoring systems, the emotional connections between parents and children, the range of disciplinary methods employed within families, family communication patterns, and the direct and indirect influences of socioeconomic status, social class, and cultural background on the development and escalation of delinquent and aggressive behaviors among adolescents.Findings: Results clearly show that authoritative parenting characterized by warmth, balanced control, rational discipline, and mutual respect is strongly linked to reduced levels of adolescent delinquency. In contrast, authoritarian parenting, which involves strict control and severe punishment, permissive parenting without clear boundaries, and particularly neglectful parenting marked by disengagement and inadequate care, are all associated with increased delinquency, aggression, and antisocial behaviors that have strong positive correlations. Further evidence suggests that active and emotionally sensitive parental monitoring, effective communication, constructive discipline, and the avoidance of physical or verbal aggression significantly reduce the risk of behavioural deviance and social maladjustment. Furthermore, factors such as chronic poverty, prolonged unemployment, low educational attainment, poor living conditions, economic pressure, overcrowding, cultural deprivation, and limited access to resources contribute substantially to the increased likelihood of delinquent behavior.Conclusion: Preventing adolescent delinquency in a sustainable manner demands a comprehensive approach that focuses on parenting education, empowering families, and enhancing parenting skills. https://jclc.illrc.ac.ir/article_733512.html this research was conducted with the purpose of examining the twelve-day war initiated by Israel against Iran from the perspective of international criminal law and international criminology. The study places its central emphasis on the legal analysis of the attacks in light of Article 7 of the Rome Statute, while also seeking to explain the reasons for their occurrence through the application of both classical and modern criminological theories. The methodology of the research was organized around three complementary dimensions. First, the analysis of the three constitutive elements of crimes against humanity—namely the material, mental, and contextual elements—based on official data, eyewitness accounts, and international reports. Second, the investigation of the personality traits of Israel’s political leaders, carried out through psychological approaches and discourse analysis of their security-oriented statements and behaviors. Third, the comparison of Israel’s actions with criminological theories, including techniques of neutralization, rational choice theory, differential association, conflict theory, strain theory, state crime, and peace-oriented criminology. The findings demonstrate that Israel’s attacks can be aligned with the criteria of Article 7 of the Rome Statute. The widespread destruction and civilian casualties fulfill the material element; the awareness and deliberate intent of the leaders establish the mental element; and the connection of the attacks with the broader national security policy of the state satisfies the contextual element. From a criminological perspective, the personal characteristics of Prime Minister Netanyahu, combined with a culture of securitization and global power asymmetry, created conditions conducive to the choice of violence. Each criminological theory explains a different aspect of this behavior, and together they provide a comprehensive picture of the interaction between individual, structural, and ideological factors. The conclusion of the study is that even short-term conflicts may qualify as crimes against humanity. Their analysis requires an integrated approach that combines international law, criminology, and political psychology. Such a multidisciplinary perspective can enrich the literature of international criminology and contribute to the design of more effective mechanisms for holding political leaders accountable. https://jclc.illrc.ac.ir/article_734521.html One of the famous classifications of criminals in criminology is their division into white- collar and blue-collar criminals. White-collar criminals, who are considered dangerous criminals, have a well-groomed appearance and are from the middle and upper classes of society. In the science of law, causing damage and the existence of a causal relationship between the harmful act and the result are necessary for the realization of the guarantee, and social damage-oriented criminology, compared to criminal law, deals with social issues from a higher perspective. Failure to comply with work- related and job- related regulations, environmental, economic and trade-related issues by owners of workshops and factories and financial and economic enterprises that impose extensive physical, psychological, etc. damages on members of society, are examples of behaviors studied in social damage-oriented criminology. Despite the adoption of various laws, the criminal justice system does not have a significant ability to prevent the repetition of white-collar social damage-oriented crimes. The present study, in response to the question of what factors cause the spread of white-collar crimes from the perspective of social damage-oriented criminology (sociological damage), and what solutions are proposed to deal with them, has reached the conclusion using the descriptive-analytical method and the library data collection method that the harmful behavior of white-collar workers is not identified and criminalized in the criminal justice system and criminology, and until these behaviors are explicitly criminalized, their detection and prosecution will be more difficult. The multiplicity of parallel organizations for inspection and supervision, lack of coordination and systematic communication for the exchange of information between them, along with the inappropriate administrative structure, are considered to be the most important factors in the spread of white-collar crimes. It is also necessary to formulate and implement a differentiated criminal policy regarding the handling of the aforementioned white-collar crimes. https://jclc.illrc.ac.ir/article_735024.html Abstract:Observance of the principle of equality of arms is directly linked to the protection of the defendant’s right to defense. Any disregard for these defense rights may undermine this principle. In other words, safeguarding the rights of the defense ensures the establishment of balance and equality between the parties to the proceedings. The prosecution of offenders is intended to secure public safety and order; however, this process must be conducted within the framework of justice and fairness, since a trial is valid only when all the rights and freedoms of the defendant are duly respected. The defendant's defense rights are considered to be one of the fundamental pillars of a fair trial and guarantee a balance between the authority of the government in prosecuting a crime and the protection of individual freedoms. The basis of these rights in the Iranian legal system is seen in the principles of the Constitution and the articles of the Criminal Procedure Code, especially Article 190 thereof, and has also been emphasized in international documents such as the 1966 Covenant on Civil and Political Rights. Observing these rights not only prevents the possible violation of individual freedoms but also promotes public confidence in the criminal justice system. The duty of the legislator in any society is to provide natural, social, economic, political and legal facilities and arrangements equally for all individuals; so that it can be said that there is no discrimination between individuals. In this regard, granting the defendant's defense rights can guarantee and ensure equality of rights for the parties to a criminal case. The issue of the principle of equality of arms is an issue that has a special appearance in criminal procedure and against the accused, so that the existence of such a principle causes the accused to face less restrictions against the prosecutor, who has all the legal means to file charges and impose them on the accused; therefore, the legislator and the courts must provide the necessary measures to observe the rights of the accused and prevent their restriction, and provide the necessary facilities to the accused so that he can be acquitted of unjust accusations if he is innocent. The results of the research showed that the defendant's defense rights are one of the most important human rights issues and serious attention has been paid to it in numerous human rights documents; so that the restriction of the defendant's defense rights is considered to be faced with guarantees of execution; an issue that has been neglected to some extent in the Criminal Procedure Code of 1392 in order to reduce the restriction of the defendant's defense rights. The present study was written using a descriptive-analytical method and using library and documentary resources.Keywords:Defendant, right to defense, fair trial, restriction of rights https://jclc.illrc.ac.ir/article_735142.html Anti-money laundering laws play an important role in legal systems regarding the illegal circulation of assets and the prevention of the integration of these assets into the formal economy. In the Iranian legal system, despite the enactment of Anti-Money Laundering Law in 2007 and the second amendment in 2018 alongside other norm-generating legal sources, notable deficiencies and procedural shortcomings continue to undermine its practical effectiveness. This article examines the legislative structure of the Iranian legal system’s approach in the anti-money laundering framework through a critical analysis approach particularly about how the Iranian criminal justice system responds to money laundering crimes and over-criminalized behaviors without sufficient attention to the mental element(mens rea). The analysis is conducted from a legislative perspective and identifies several structural deficiencies, including the absence of precise and comprehensive definitions of notable concepts like money laundering and proceeds of crime and the over-expansion of criminalization through broadly framed provisions and inattention to the fundamental principles of criminal law especially the principle of legality of crime and punishment and the presumption of innocence. In addition, lack of clarity regarding jurisdiction and some important concepts about organized forms of money laundering and the law’s response to legal persons have caused conflicting interpretations and divergent judicial treatment and judicial decisions. The article also highlights the challenges posed by the unconditional classification of money laundering as an economic crime under the 2014 amendment to the Islamic Penal Code, regardless of the classification of the predicate crime and the lack of proportionality in punishment. Consequently, this article proposes several legal reforms aimed at clarifying structural definitions, ensuring proportionality in punishment, harmonizing domestic regulations with international obligations, and strengthening procedural coherence. By aligning anti-money laundering legislation with constitutional principles and international standards, the effectiveness of criminal law can be enhanced without compromising individual freedoms. https://jclc.illrc.ac.ir/article_735218.html Under the Islamic Penal Code, in cases where the offender remains unidentified, the payment of diyah (blood money) is borne by the public treasury as an alternative source of compensation. Given the exceptional and subsidiary character of this rule, together with the necessity of safeguarding public interests and preserving state resources, liability should be imposed on the treasury only after establishing, through diligent judicial efforts, the practical impossibility of identifying or prosecuting the offender. Such a cautious approach both guarantees the victim’s legitimate right to compensation and prevents the premature, unnecessary, or unjustified depletion of public funds. Judicial practice, however, indicates that in certain cases courts have ordered payment from the treasury without granting sufficient time for comprehensive investigation and evidentiary inquiry, despite the possibility that extended and more meticulous proceedings might have resulted in the identification of the responsible party. This inconsistency has generated procedural uncertainty and divergent judicial approaches in similar cases. The central question of this study is therefore how, and according to which objective and legally defensible criteria, courts can attain relative judicial certainty regarding the non-identification of the offender before assigning financial liability to the public treasury. The research hypothesis suggests that adopting a time-based ranking criterion proportionate to the degree and gravity of diyah claims may provide a practical and coherent solution. More specifically, by relying on the medical forensic certificate, evaluating the extent of bodily harm, and establishing a structured hierarchy ranging from minor to severe injuries, Article 85 of the Criminal Procedure Code can be applied in a more systematic, transparent, and equitable manner. Employing a descriptive-analytical methodology with utilization authoritative library sources and examining relevant judicial decisions, this study seeks to formulate a reasoned framework aimed at reducing disparities in judicial practice nationwide and strengthening consistency in the allocation of treasury liability.