PAZHOUHESH NAME HOGHOUGH E KEYFARI
Year:2023 | Volume:14 | Issue:2|Papers Count:12

This article, with a descriptive-analytical method, tries to answer the question of whether in Iran's legal system, the criminal policy of the Estiza Foundation has been fair and effective in dealing with and fighting the crime of disrupting the economic system. Therefore, while referring to the process of approval of Istiza, the challenges of Istizia in 1397 and 1399 have been examined and finally, their function as well as their strengths and weaknesses have been evaluated. The findings indicate the inefficiency of the judicial criminal policy and the failure to achieve the desired result in curbing the crime through its implementation and restricting the rights of the accused. Therefore, measured and scientific methods in the fight against economic corruption should replace the symbolic emphasis on the "war on corruption" and a fair and discriminatory judicial system for economic crimes should be designed and approved in the light of legislative criminal policy in the form of a comprehensive plan or bill. Introduction In Iran as in many other countries, special measures have been adopted in the highest policy-making areas to control economic crimes. In this regard, different approaches have been taken at specific times, and in the last step, following the economic crisis of 2017 and the uncontrolled increase of economic indicators such as the price of currency and gold in a short period, the head of the Judiciary in August of the same year, referring to the Economic war, through a detailed letter, requested from the leadership the formation of special courts to fight economic crimes, and with his permission, the mentioned courts were formed.Although doubts about the ability of the legal mechanism to fight corruption concerns about impartial proceedings and the fear of undue influence have forced the authorities of the criminal justice system to establish special anti-corruption courts (for further reading, see: Ghahramani and Saibani, 2019: 190) and the ineffectiveness of the criminal policy and the usual procedure regarding economic crimes - considering the specific characteristics of these crimes - is an undeniable and obvious issue, but at the same time, it should be noted that granting special powers to special courts and establishing exceptional arrangements should not cause other concerns. At the same time, this action should not lead to leaving the rule of law, threatening or restricting the rights of the defendants, granting extra-legal powers to judicial authorities, or causing other aspects of the crisis in criminal policy; An issue that aims the integration of criminal policy and makes its effectiveness less and less and, according to some, causes double corruption (Heidarizad and Fakhr, 2022: 56). The fact that the judicial system is the designer and enforcer of the law that is the basis for the creation of special discriminatory organizations and proceedings, is not compatible with any of the principles of the separation of powers and the separation of the boundaries of legislation and justice, and ultimately will lead to the distancing of judicial procedures from legislator's desirable criminal policy. (See: Lazerges, 2022: 69). The principle of separation of powers, as one of the principles guaranteeing the status of the rule of law, expresses the granting of the exclusive power of law-making by the society to the legislative body. The obvious result of this principle is the avoidance of other powers from policymaking and legislation. MethodologyIn this article, while analyzing the challenges of resorting to permission-based criminal policy, the rulings stipulated in the first and second permissions of the heads of the Judiciary from the Supreme Leader have been comparatively analyzed and in the first part, the legal position of this permission (Estejazeh) will be examined. Then, entering into the nature of Estejazeh, the contents of its rulings will be analyzed from the point of view of expanding or restricting the rights of the defendants, and finally, the solutions ahead will be explained. Results and DiscussionAfter the two-year execution of the Estejazeh and the activity of special courts dealing with economic corruption, the new head of the Judiciary presented a new Estejazeh to the Supreme Leadership to resolve some of the criticisms and challenges that were raised. The Supreme Leadership also agreed with this request by writing that "...accelerating the follow-up of proposals through the legal path and observing strictness in court rulings is strongly recommended". The focal point of this Estejazeh is the leadership's emphasis and statement on "pursuing proposals through the legal path".The second Estejazeh, despite the disadvantages that were discussed in the previous speech, has taken effective steps to overcome the challenges, but its basic defects remain. For example, the issue of single-stage proceedings is repeated in the Amendment of Permission (Estizan) in paragraph 7 in a different way; with the difference that the 10-day deadline for appeal in the death penalty is not mentioned in paragraph 7.The experience gained from the execution of Estejazeh has now simplified the path and shows us that the permission-based criminal policy is neither logical nor feasible to remove the obstacles of fair trial, crime prevention, and proper sentencing of economic crimes. Returning to the general provisions of the criminal procedure law is an inevitable necessity, and the creation of any discriminatory rule in the organization or procedure for economic crimes depends on the existence of a transparent, consistent, and specific strategy for controlling and curbing disruptions in the country's economic system, and emotional and cross-sectional policies in economic crises and political turmoil, can never be effective in fighting corruption and only has temporary effects. Ignoring and depriving the accused of many defensive and acquired rights does not only mean removing the defect of the present law but also violating it. Therefore, decisiveness and speed in dealing with economic corruption do not mean limiting and attacking the defensive and legal rights of the defendants, and it necessarily requires observing the principles of fair trial as much as possible to obtain valid and well-reasoned judicial rulings. ConclusionsThere is no valid reason for the possibility of setting criminal rules or assigning judicial authority outside the framework of the rule of law principle in dealing with economic disruptors and corruptors. Resorting to special instructions and contrary to the law with the argument that speed and urgency are necessary in dealing with economic crimes is unjustifiable. Considering the delay of the mentioned crimes and the increase in their scope and destructive consequences, it can be said that until there is no local, codified, and regularized legislative, judicial, and executive criminal policy, the adoption of any other strategy is ineffective and there will be no result other than people's distrust of security and judicial justice. Selection of ReferencesAshouri, Mohammad (2016), Criminal Procedures, 1st Vol., 5th edition, Tehran: Samt Publications.Ebrahimi, Shahram and Majid Sadeghnejad Naeini (2013), "Criminological Analysis of Economic Crimes", Criminal Law Research Quarterly, Second year, No. 5, pp. 147-174.Omidi, Jalil (2003), "Criminal Proceedings and Human Rights", Majlis and Research Magazine, 10th Year, No. 38, pp. 113-146.Babakhani, Erfan and Hadi Rostami (2022), "Differential Handling of Economic Crimes in Iranian and French laws", Comparative Studies on Islamic and Western Law Quarterly (CSIWL), 9th year, No. 1, pp. 31-62.Heidarizad, Asma, and Hussein Fakhr (2022), "Extra-legal Proceedings: a Critical Review of the Foundations of Judicial Estejazeh in the Light of the Constitution", Criminal Law Research Journal, No. 27, pp. 33-62.Khanalipour Vajargah, Sakineh (2017), Activists of Iran's Criminal Legislation Process in the Scope of Corruption and Economic Crimes, in Criminal Policy against Economic Crime, edited by: Amir Hassan Niazpour, Tehran: Mizan, pp. 104-71.

The term "Public service officers" is mentioned in several examples of economic crimes in criminal laws, but its meaning and examples have been ambiguous due to the repeal of the law on the trial and punishment of public service officers. Although according to the unanimous decision number 798 of the General Board of the Supreme Court, the employees of private banks are examples of public service officers and the subject of the crime of Article 598 of the Penal Code, the said decision cannot explain the concept and examples of public service officers and its effects have added to the ambiguity of the issue. To respond to the evolution of the concept and examples of public service officers, this article along with the pathology of judgmental procedure, the transformation of the scope and examples of public service officers after the issuance of the unanimous decision, and finally the solution to the legal refinement of this ambiguity, through approval The new single article is proposed, to solve the mentioned challenge. Introduction The existence of ambiguity in the concept of "public service officers" and its examples is one of the most important judicial challenges in recent years, which is rooted in the disagreement of the courts regarding the inclusion of the title "public service officer" about the employees of private banks and compliance or the non-compliance of the criminal title of embezzlement with the crimes committed by employees of private banks is related. Over time, this disagreement has spread to other crimes related to public service officers, and the aforementioned challenge has increased with the repeal of the Law on the Trial and Punishment of Public Service Officers approved in 1315, which had determined its precedents. MethodologyIn this study, by adopting a critical approach and using library sources and descriptive-analytical methods, the results of the unanimous decision No. 798 in the judicial procedure have been analyzed. Results and DiscussionAccording to Article 3 of the Trial and Punishment of Public Service Officers Law, public service officers are people who work in charitable institutions that are under the patronage of the king of the era according to endowment or will, or in charitable institutions and general benefit institutions that are managed by the government or municipality or are managed under the supervision of the government, or in government for-profit institutions or other for-profit institutions managed by the government. In this law, the examples of public service officers have been specified, but Article 570 of the Criminal Procedure Law has been explicitly repealed. On the other hand, in criminal laws, in many cases of economic crimes, including illegal possession, embezzlement, bribery, and collusion in government transactions, etc., the character of the perpetrators has been relevant from the perspective of the legislature, and the phrase "public service officers" has been mentioned. However, the concept and examples of public service officers and the possibility of referring to the Law on the Trial and Punishment of Public Service Officers, to define and calculate it after its repeal, are in an aura of ambiguity, and it is not clear whether it can be referring to the outdated law solely to determine examples and definition of public service officers.The importance of identifying examples of public service officials is related to the difference in the guarantee of executions and the judicial system of crimes committed by public and private sector employees and the severity of punishment for crimes committed by public service officials, which in the case of committing economic crimes such as embezzlement, bribery, illegal seizure of public funds, etc., the relevant punishment is more severe. Regardless of the serious differences in determining the rules for recognizing the cases of public service officers and sometimes the extra-legal development and inclusion of this phrase even about some members of professional organizations such as lawyers, engineers, and members of the Association of Official Judicial Experts, finally, one of the cases of dispute in the judicial procedure regarding the cases of the perpetrators of the crime under Article 598 of the Penal Code, a unanimous decision was issued, and the General Board of the Supreme Court followed a disagreement between the 11th and 14th branches of the Court of Appeal of Yazd Province regarding one of the employees of private banks who committed the crime under Article 598 of the Islamic Penal Code. (Illegal seizure of public funds) entered into the issue and to compensate for part of the legal gap, he issued unanimous decision No. 798 dated 7/15/99. According to the aforementioned decision, the employees of private banks who provide extensive monetary and banking services to the people under the supervision of the Central Bank are examples of public service agents and are subject to the punishment stipulated in Article598 of the Penal Law, but this decision caused many other ambiguities and problems in the judgmental procedure, which are analyzed in this article. ConclusionsAlthough according to the unanimous decision, the employees of private banks are considered as examples of public service officers and their possession of property and funds is considered as an example of the crime of Article 598 of the Penal Code, the said decision is not able to understand the meaning and examples of public service officers, and even though before its issuance, the employees of private banks did not have the description and characteristics prescribed in Article 598 of the Penal Code, the said decision and its effects have added to the ambiguity of this issue.According to Article 36 of the Islamic Penal Code, Article 598 of the Islamic Penal Code, which is the subject of unanimous vote No. 798, is an example of economic crimes, and other crimes related to public service officials, such as embezzlement or bribery, are also included in the scope of economic crimes. Therefore, the achievement of the conceptual and exemplary development of public service officers and the inclusion of punishment in the economic crimes of private sector employees, according to the principle of legality of crimes and punishments, the law on improving the health of the administrative system and combating corruption, the civil service management law, the law of public accounts of the country, the law of the list of public non-governmental institutions and the unanimous vote number 798, is that in addition to the employees of ministries, institutions and state companies, the employees of trade unions and professional associations and the employees of non-governmental public institutions, bank employees private companies are also subject to the example of a public service official and the behavior of these people can be punished under the headings of articles 534, 580, 598, 603, 605, 606 of the Islamic Penal Code, articles 3 and 5 of the Law on intensify the Punishment for Bribery, Embezzlement and Fraud and other criminal provisions regarding government employees. Selection of ReferencesShams Nateri, Mohammad Ebrahim, Riazat, Zeynab, and others, (2019), Islamic Penal Code in the current legal system, fifth edition, Tehran: Mizan. [In Persian]Mohebi, Jalil and Riazat, Zeynab, (2016), Description of the Islamic Penal Code, first edition, Tehran: Mizan. [In Persian]Mansour Abadi, Abbas (2021), "The Concept and Examples of Public Service Officers" Criticism of Unanimity Resolution No. 798", Scientific Quarterly of Modern Researches in Administrative Law, 3rd year, 9th issue, pp. 88-64. [In Persian]Mohammadnejad, Haider (2015), "Public service theory and its governing principles in Iran's laws and judicial procedure", two quarterly administrative law journals, third year, number 10, pp. 104-128. [In Persian]Najarzadeh Hanjani, Majid (2021), "Analysis of public services from the perspective of human rights; The right to benefit from public services", Administrative Law Quarterly, Year 8, Number 27, pp. 215-234. [In Persian]Vaezi, Seyyed Mojtabi; Al-Barzi, Zahra (2016), "The place of the concept of public service in Iran's administrative law", two quarterly administrative law journals, fourth year, number 12, pp. 31-9. [In Persian]Zarei, Mohammad Hossein and Najarzadeh Hanjani, Majid (2016), "The concept of public services and its transformation in the light of the doctrine of public function", Public Law Research Quarterly, 19th year, number 56, pp. 32-9. [In Persian]

Justice is one of the most important demands of humanity, and the hope of realizing it is more in the courts than anywhere else. Citizens expect the statute to be implemented fairly and for all people, but it is known among jurists that in many cases, the fair implementation of the statute depends on a fair interpretation. While justice-based interpretation has been a topic of discourse in civil law, this article probes into the possibility of extending its applicability to criminal law.? Despite the superior principles of interpretation in criminal law (such as the principle of narrow interpretation, interpretation for the benefit of the accused, etc.), the question arises: Can justice-based interpretation find a place within the logical framework of criminal law? If the answer is positive, what are the conditions of justice-based interpretation in criminal law? The article hypothesizes that in criminal law and the light of its legal logic, it is possible to have a justice-based interpretation of the relevant statutes, but in this direction, the judge must use fair capacities such as the principles of interpretation of criminal statutes that are in the constitution and ordinary statutes or even doctrine opinions The article asserts that the expression “justice-based interpretation” should not be invoked independently and for a subjective interpretation. Introduction In the interpretation of civil and criminal statutes, practical and well-known principles such as the principle of citing authentic jurisprudential sources in civil matters, the principles of the legality of crime and punishment, and narrow interpretation in criminal laws are used by judges and jurists and even in some cases the opinions of the courts with Citations are issued based on these principles. But another method of interpretation, called interpretation-based justice, can be proposed and investigated. The purpose of this kind of interpretation is for the interpreter to reach a fair conclusion by scrutinizing the apparent meaning of the statute and supporting the person who is subject to the statute. Justice-based interpretation has been mostly discussed in civil law; therefore, the main question of this article is whether justice-based interpretation is applicable in criminal law as well. If we consider such an interpretation method acceptable in criminal law, it should be examined whether the way and scope of justice-based interpretation are the same in each civil and criminal law. Alternatively, if there are similarities, there may also be differences between them. MethodologyThe research method in this article is descriptive-analytical, with data collected from library sources. Results and DiscussionFirst, it should be noted that in civil law, there are two different approaches to interpreting the statute (law). According to one approach and considering the inherent validity of the statute and its independent identity, what is important in the interpretation is the correctness of the result, not its fairness, and the correctness of the result depends on compliance with the statute (even if the result of the interpretation is not fair). But in The other approach, Although the statute is accepted as the most important source of law and it is necessary to respect it, the jurist is Still obedient and subservient to the statute, but in the name of justice, he wishes for his ideal to become statute. At the time of interpreting the statute, the jurist should interpret it in such a way that at least a part of the justice and the desired interest is observed, and therefore the interpreter of the statute should find a way the influence justice into the government system instead of looking for the will of the legislator.The interpretation based on justice in criminal law can be either subjective and absolute or systematic and objective.Important foundations for absolute justice in interpretation include 'trust in the interpreter' and the 'personality of the interpreter' which ensures the fairness of his interpretation. Although both bases are independent, they are not unrelated to each other. However, in the approach to absolute-based justice interpretation, discussing the logic of criminal law seems like baseless words, because the logic of law is a systematic matter and to achieve it, one should get help from related tools.However, discussing justice-based interpretation in the context of the logic of criminal law is possible when the judge and the interpreter employ the capacities of legal justice and superior principles of interpretation in criminal law. In the systematic and objective approach of interpretation-based justice, to perform a fair interpretation, other interpretive principles should be used and considering interpretation-based justice independent, as a separate interpretive tool and used by the judge to issue judgments, for criminal rights and to reach The valuable goals pursued in this field will be very dangerous and the interpreters of criminal law must pay attention to this important issue. ConclusionsThe judge cannot give a verdict of guilt by making an extensive interpretation of the behavior that there is doubt about its criminality. If there is ambiguity in aiding a criminal from an institution favoring the accused, the judge and interpreter cannot interpret such ambiguity to the detriment of the accused and deprive him of such an institution, although the judge in both cases, considers his interpretation as the interpretation-based justice. In other words, in the interpretation of criminal laws and especially in the cases of imposing punishment, it is not logical to rely on concepts such as the spirit of the law, the will of the legislator, and the interpretation related justice based on trust in the judge or his moral and scientific characteristics. Interpretation-based justice should be done within the framework of a fair system that contains the principles and rules of interpretation of criminal laws. Otherwise, no obstacle can prevent the numerous and subjective interpretation theories that may limit the rights and freedoms of citizens.The logic of criminal law emphasizes the important point that if interpretation-based justice wants to have a place to appear in criminal law, it must be used within and along with other interpretive principles and has no way to act independently. Selection of ReferencesAkbari, Z; Ardabili, M A; Ashuri, M & Mehra, N (2022), Indicators of Judicial Action in Iran's Criminal Justice System Based on Jurisprudential Teachings, Journal of Comparative Criminal Jurisprudence, 2 (2), p 51-63 [In Persian].Al-Sharif, M Mahdi (2019), Logic of Law, 5th edition, Tehran: Sahami Enteshar Publishing [In Persian].Omidi, J (2018), interpretation of criminal laws, first edition, Tehran: Mizan [In Persian].Pourbafrani, Hassan (2023), special criminal law (Offences against the security of the state & Public Tranquility), fifth edition, Tehran: Jungle Publishing [In Persian].Qiyasi, J (2018). Method of interpretation of criminal laws. second edition. Qom: Bostan Kitab Publishing [In Persian].Katouzian, N (2006), "The contribution of justice in the interpretation of the law", Journal of the Faculty of Law and Political Science, Volume 72 [In Persian].Keiwanfar, Sh (2019), Philosophical Foundations of Law Interpretation, 2nd edition, Tehran: Mizan Publishing [In Persian].Cornell, Drucilla; Rosenfeld, Michel; Gray Carlson, David (1993), Deconstruction and the Possibility of Justice, 1st Ed, Pub: New York.

The principle of the legality prosecution of all crimes by the public prosecutor's office has been modified and supplemented with the principle of necessity of criminal prosecution, in such a way that today in the framework of the criminal procedure regulations of the legal system, the latter principle cannot be found.. Article 40 of the Criminal Procedure Law France stipulates that the prosecutor receives complaints and reports of crimes and evaluates their follow-up and prosecution, and immediately in the next regulations, alternatives to criminal prosecution and the rules governing them are discussed. The four alternatives to criminal prosecution ( simple case filing, plea bargaining, judicial agreement, and criminal compromise) in the French criminal procedure and the judicial procedure of this country have faced many ups and downs to the extent that the legislator in recent years tends to eliminate some of them and strengthening and making some others more efficient.1. Introduction On the one hand, criminal prosecution is related to the rights and freedoms of individuals, and on the other hand, to public order and security. Prosecution endangers the rights and freedoms of citizens, and leaving it disturbs public order and security. It is the conflict between two social values ​​in the manifestation and emergence of criminal prosecution that can challenge it; Today, in many legal systems, including France, the principle of the legality prosecution of all crimes is followed; But paying attention to considerations such as avoiding mere security in the process of criminal proceedings has made policymakers in the field of legislation and justice to identify and apply alternatives to criminal prosecution. MethodologyThis research has been done by the descriptive-analytical method and studying the laws and regulations of the French legal system. Results and DiscussionIn the French criminal proceedings, the traditional dual conflict between prosecuting and not prosecuting and case filing without the least criminal action has faded with the emergence of a third way that allows criminal response without prosecution; Because in case of decision not to prosecute, in the criminal procedure of this country, there will be other options such as simple case filing or alternatives to prosecution. Filing the case means that the prosecutor, after making a decision not to pursue a criminal case, issues an order to record the case in the courthouse; This method is used for minor crimes and basically for criminals without a criminal record. Perhaps the reflection of this approach in criminal law, that criminal measures should be used as a last resort in the face of crime, has strengthened the tendency to find and implement alternative measures to prosecution in legal systems. The four alternatives of prosecuting a public lawsuit, simple case filing, plea bargaining, judicial agreement, and criminal compromise, have been accepted in the French criminal proceedings process and the judicial practice of this country with many ups and downs.  ConclusionsWith the beginning of the era of public justice and the provision of prosecution and prosecutor's office in the criminal laws of countries, the principle of the legality prosecution of all crimes was accepted from the beginning. In the practical experience of implementing this principle, judicial practice followed the trend of not prosecuting petty crimes. Therefore, the principle of the necessity of criminal prosecution was predicted as a complementary rule to this principle in the framework of procedural laws.  dealt with it in a way that has less harmful effects and accelerates the possibility of resocializing the criminal and restoring the broken order. The doctrine and judicial procedure in France has not ignored this important issue and nowadays the principle of proportionality of prosecution and its requirements has been explicitly recognized in the criminal procedure law. The judiciary of this country has faced many ups and downs and in recent years the legislator has found a tendency to remove some of them and strengthen and make others more efficient, but these efficient and effective institutions have never been left aside and in Actions have not been unkind.  Selection of ReferencesBerger,V.,(2019), La jurisprudence de la cour européenne des droits de l'Homme , 12ème  édition, paris , sirey.Beziz-Ayache, Annie, (2020), Dictionnaire de droit pénal général et procédure pénale, 10ème  édition, paris, Ellipses .Borricand, Jacques, Anne-Marie Simon, (2019), Droit pénal et procédure pénale, 14ème  édition, paris, Dalloz.Bernard Bouloc (2019),procédure pénale, 16 ème  édition, paris, DallozBouloc,Bernard, Haritini Matsopoulou, (2016), Droit pénal et procédure pénale , 16ème  édition ,paris , Dalloz.Bouloc,Bernard,(2019), procédure pénale, 20ème  édition,  paris , Dalloz.Fourment,FranÇois,(2017), procédure pénale ,7ème  édition ,Editions paradigme.Guinchard, Serge et Jacques Buisson,(2020), procédure pénale, 15ème  édition paris, Lexis Nexis Litec.Mathias, Eric,(2016), procédure pénale, 5ème  édition, paris, Lexifac.Pradel, Jean,(2021), Manuel de procédure pénale,19 ème  édition,paris, cujas.Rassat,Michèle-Laure, (2017),procédure pénale, 15 ème  édition ,paris, Puf.

Formulation of a comprehensive and coherent criminal policy regarding alcohol-related offenses is very important. Iran's legislative criminal policy, based on the prohibition of alcohol consumption, with an emphasis on the theory of absolute criminalization, has attempted to criminalize all behaviors related to it. However, the existence of some legislative gaps and challenges and lack of coherence in jurisprudence in some relevant dimensions raises doubt about the integration. Due to the lack of an initial prohibition on alcohol consumption, the legislative criminal policy of England has adopted a type of legalization and supervisory approach and uses the criminal justice system to control certain behaviors related to alcohol. In the law of this country, various instances of alcohol-related behaviors that are mainly antisocial in nature have been criminalized, and offenses related to drunk driving are among the most important ones. This article uses descriptive and analytical methods to study and evaluate the legislative and judicial criminal policy of these two countries regarding alcohol-related offenses.1. Introduction Nowadays, due to the increase in the consumption of alcoholic drinks and their harmful effects, it is important to examine the legislative and judicial criminal policy regarding related offenses. It seems that the accepted theory in Iran's legislative criminal policy, in terms of the jurisprudential approach to the issue, is the theory of criminalization which, with its emphasis on the absolute criminalization of all behaviors related to and affected by the format and primary prohibition of alcohol consumption, has tried to criminalize previous and subsequent behaviors of consumption.The lack of initial prohibition of consumption in England has caused the legislature to disregard absolute criminalization and decriminalization and emphasize the legalization and regularization of alcohol-related behaviors such as supply, sale, and consumption. The government maintains the supervision of alcohol and gives activity licenses to individuals and necessary sanctions have been considered for violation of the stipulated conditions. The legislator has also criminalized instances of related behaviors and paid special attention to the offenses related to drunk driving. In this area, the ​​judicial criminal policy of this country has moved in the direction of homogeneity of sentencing by following the guideline-based sentencing model.  MethodologyThis article studies describes, analyzes, and evaluates the legislative and judicial criminal policy of these two countries regarding the behaviors related to alcoholic drinks. In this regard, using a descriptive-analytical method based on data review and studying library resources, including documents and laws, after examining the description of related behaviors and response and sentencing, it deals with effective policies in these two categories.  Results and DiscussionIn the laws of England, the legislator, while not prohibiting absolutely, and adopting a supervisory and control approach, in many cases with goals such as maintainingorder and security of society, supporting vulnerable groups, and combatting the irresponsible sale of alcohol, alcohol abuse, hazardous drinking, public intoxication, etc…, has criminalized instances of behaviors. licensing Act 2003, while determining the activities that require a license (including the sale and supply of alcohol), and determining the criteria, has criminalized instances of related behaviors. Selling or attempting to sell or allowing the sale of alcohol to a person who is drunk on relevant premises, or refusal of a person who is drunk to leave relevant premises without a reasonable excuse and following the request of the officer or designated people are among these examples.This law, regarding compliance with age requirements, has also criminalized examples such as selling or supplying alcohol to an individual aged under 18 Moreover, offenses related to alcohol-related driving, including drunk driving, are among the most important criminal titles in this area, which can have heavy consequences for the offender. Legislators in the Road Traffic Act (1988) and other related laws like the Road Traffic Offenders Act (1988) have dealt with them. In Iranian law, the consumption of intoxicants (regardless of the amount and whether or not it leads to drunkenness) is criminalized.  In addition, the legislator has criminalized related behaviors, including the preliminary behaviors (carry, having, smuggling, selling, etc.)However, the legislator has not criminalized drunk driving independently and made it a violation. Therefore, in this assumption, there is no change in the charge of consumption of intoxicants or the punishment of the accused. Only in the case that a drunk driver causes death or physical injury, the intoxication will be a factor in aggravating the relevant Ta’zir punishments. Perhaps the attachment of Had penalty to all cases committing acts related to drinking has led to the non-criminalization of drunk driving behavior separately, while there is no connection between proving the state of intoxication and proving Had of intoxicant consumption.Another important aspect of understanding the criminal policy in this area is to examine the nature of the determined responses. In this area, the English legislator has mostly established fines, and in the area of ​​alcohol-related driving offenses, while establishing multiple criminal titles, he has benefited from the various sanctions. fines, community orders, driving disqualification, penalty points, compensation, and in serious cases a custodial (prison) sentence are among these examples. In Iran, whipping is divided into two forms, Had and Ta’zir For the offense of consuming intoxicants, it is Had, and for other related offenses, it is Ta’zir, if determined.In related Ta’zir offenses, in addition to fines and whipping, imprisonment and alternatives to imprisonment are also among deterministic answers.Generally, in Iranian criminal law, the criminal policies governing these offenses can be considered strict. This issue can be seen while describing Had punishment of intoxicant consumption and the strict regulations governing some related crimes. Regarding the offenses of alcohol trafficking, the adoption of a differential criminal policy in terms of the Code of Criminal Procedure in cases such as jurisdiction of the Revolutionary Court, issuance of mandatory bail order, if there are prescribed conditions, and the possibility of imposing a fine other than the conversion imprisonment, even after the release from prison, in case the property is identified, is one of the effects of this approach.In England, the implementation of regulatory regulations is important, and a violation of them causes the person's behavior to be subject to enforcement and any action to buy and sell outside of the established processes and licenses will be subject to accountability.  Licensing Act (2003), which constitutes the main pillar of Britain’s alcohol-related laws, and regulates the terms and conditions of this area and other related laws, tells about the accuracy and strictness in the aspect of supervision. ConclusionsThe difference between these two systems is the lack of primary prohibition of alcohol consumption in English law and the absolute prohibition of this behavior in Iranian law. Iran's criminal policy has emphasized the criminalization of all behaviors related to alcohol. However, the criminal policy of England has considered a type of monitoring and control regime as preferable to absolute criminalization and decriminalization and has criminalized some related behaviors that are mainly anti-social in nature.  UK criminal policy has adopted a more severe approach to alcohol-related driving offenses compared to other related offenses. While Iran's criminal policy regarding alcohol-related offenses is generally severe and strict regarding the offenses of alcohol trafficking, it has also adopted a different formal and substantive criminal policy.These two countries are similar in the description of cases such as drinking alcohol in public places, but in particular drunk driving, it must be said that in Iran's legal system, this behavior is one of the examples of traffic violations and does not have an independent criminal title, and it is only considered as an aggravating quality of punishment in traffic accidents resulting in death or physical injury; This issue is considered one of the legislative gaps in this area. Considering the serious dangers of this behavior, it is appropriate to criminalize it independently and convert it from the form of a violation to a more severe form, i.e. Ta’ziri offense, and in the relevant regulations, formal and substantive criteria related to its various dimensions should be accurately predicted. The necessity of regulating issues such as the seizure of the vehicle in other offenses related to alcohol is also obvious.In Iranian law, the jurisdiction or suspension of the punishment, and the validity of the breathalyzer test are among the topics that have always been or are accompanied by disagreements regarding some offenses related to this area. Therefore, the clarity and coherence of legislative and judicial criminal policy in this field and their alignment will lead to the realization of judicial justice. Selection of ReferencesClarkson, C.M.V. (2005). Understanding Criminal Law. Fourth Edition. London: Sweet & Maxwell.Cross, N. (2020), Criminal Law for Criminologists: Principles and Theory in Criminal Justice. New York: Routledge.Dyson, M (ed). (2020). Blackstone’s Statutes on Criminal Law 2020-2021. 30th edition. Oxford: Oxford University Press.Herring, J. (2022). Criminal Law the Basics. Second Edition. Abingdon, Oxon: Routledge.Herring, J. (2019). Macmillan Law Masters Criminal Law. Eleventh Edition. London: Red Globe Press.  Mehra, Nasrin; Ghoorchi Beygi, Majid; Moazzen, Abbas, (2017). “Sentencing Schemes: Comparative Approach to Iran and UK Criminal Law ", Criminal Law Research, 6th year, no. 20, pp. 105-140. https://doi.org/10.22054/jclr.2017.10525.1185. [In Persian]Mirmohamad Sadeghi, Hossein (2013). Offenses against persons, 11th edition, Tehran: Mizan Publication. [In Persian]Rahmani, Hossein, (2012). Alcohols from the viewpoint of the Quran, ahadith, and medical sciences. Ahvaz: Tarava Publications. [In Persian]Rahmdel, Mansour, (2003). "Comparative study of the criminal policy of Iran, England, and Wales regarding drug trafficking", Doctoral dissertation in criminal law and criminology, Tehran University. [In Persian]Room, R., Cisneros Örnberg, J. (2020). “A Framework Convention on Alcohol Control: Getting Concrete about Its Contents”. European Journal of Risk Regulation, 12(2), 433-443. doi:10.1017/err.2020.73.Sabooripour, Mehdi, (2018), "Systematization the Sentencing in Discretionary Punishment in Iranian Law", Criminal Law and Criminology Studies, vol.48, no.1, pp.143-123. https://doi.org/10.22059/jqclcs.2018.243857.1248 [In Persian]

Iran's new criminal policy in the legislative, judicial, and executive dimensions is in line with the rapprochement. On the other hand, the individualization of the execution of the punishment guarantees the reformative goals of the punishment. The present article emphasizes the necessity of "combining the policy of individualization of punishment with the criminal policy of rapprochement in the light of the role of the execution judge".The question Is: to what extent do the current powers provide the possibility of adapting the execution of the punishment to the personal, family, and social conditions of the criminal in line with the arbitrary criminal policy? In this article, in a descriptive-analytical way, the discretionary authority of the judge in the execution of the sentences has been criticized and analyzed from the perspective of arbitrary criminal policy. The findings of the research show that the authority of the judge to execute sentences is defined only in the framework of "primary exclusion" - based on the individual characteristics of the convicted person, while le the individualization of fraternity requires the creation of "secondary exclusion" mechanisms - based on conditions outside the personality of the convicted person and her/his behavior during the execution of the sentence.1.Introduction The criminal process does not end with the determination of the punishment, but the main stage after the verdict is the "execution of the punishment" and the effectiveness of the reaction against the crime and the realization of the goals of the punishment depends on how the punishment is applied and how much and how much the behavior of the "judge who executes the sentences" in the "pre-decision" stage. On the other hand, arbitrary criminal policy has many benefits for society, the accused, and the judicial system.Some believe that the execution judge entered the criminal system with the purpose of individualizing punishments and has duties and powers in the field of suspension, postponement of sentencing, parole, partial release, and alternative punishments of imprisonment. (Mousavi Fard et al., 2016: 13) Therefore, the judge must know that she is an independent judge and her decisions can be appealed (Cartier, 2001: 90).From the analytical point of view, what distinguishes the "current situation" from the "ideal situation" is the type of activism of the executive judge to combine the policy of individualization with the arbitrary policy. In this context, the main question of the research is whether the current authority of the judge to execute the sentence and the legal mechanisms of individualizing the execution of the punishment can be considered in line with the arbitrary criminal policy. MethodologyIn this article, in a descriptive-analytical way, the discretionary authority of the judge in the execution of the sentences has been criticized and analyzed from the perspective of arbitrary criminal policy.For this purpose, the legal powers of the judge for the execution of sentences include "independent actions" and "dependent actions" and under each section, examples of "mandatory actions" and "discretionary actions" of the judge have been reviewed and in each case, to create areas of "individualization of rapprochement", while identifying and highlighting existing gaps and weaknesses, solutions have been proposed to improve the role of the judge in the execution of sentences. Results and DiscussionFrom the author's point of view, the authority given to the judge for the execution of sentences, rather than being a purposeful and intelligent mechanism in the direction of judicialization of punishment and "executive- arbitrary segregation", is merely a form of incomplete division of work and removal of the workload from the shoulders of court judges.On the other hand, merely involving a person with judicial expertise in the execution stage of the sentence, without giving independent legal powers and without taking into account a corrective approach in the application of punishment, is only an administrative shift rather than a judicial transformation in line with the knowledge of criminology.In such a situation, where the final decision regarding the use of reconciliation mechanisms is in the hands of the court judge, perhaps we can talk about "judicial exclusion", but talking about "executive segregation" is very difficult and far from the realities and existing legal capacities. From this point of view, the exclusive jurisdiction of the judge for the execution of sentences requires having independent powers and turning "dependent actions" into "independent powers".In this regard, the author's proposal, on the one hand, is to amend the legal provisions related to the authority of the judge of execution sentences to increase the independent authority of the judge of execution of sentences to individualize the execution of punishment and on the other hand, the collection of scattered provisions in the Islamic Penal Code and the Criminal Procedure Law is under Article 489 of the latter law. ConclusionsMerely giving authority to the judge to execute sentences without formulating and drawing a specific criminal policy will not only cause the punishments to be effective and not have a corrective effect but rather, sometimes the neglect and even abuse of the executive authority's aggravating powers will cause strictness on the convict and her exclusion from correctional institutions.From this point of view, drawing and understanding the arbitrary criminal policy - which is the new strategy of Iran's criminal policy - and justifying the judges who execute sentences to use the capacity of arbitrary institutions, will provide the basis for the individualization of arbitrary and the realization of the reformist character of punishment.Also, the individualization of punishment should not be based only on personality traits and individual conditions of self-condemned (primary segregation), but family, environmental, and peripheral factors and possibilities of punishment should also be considered in individualization (secondary segregation).For example, the density of the prison population the spread of disease in the prison, or the prevalence of drug use or gross immorality in the prison environment should be a reason for the individualization of the execution of the sentence by the judge.The intended mechanism can be in the form of adding a clause to Article 18 of the Islamic Penal Code, with the content that the court takes into account the following matters when issuing a penalty sentence:”… Side factors beyond the defendant's will and conditions such as prison facilities and population, natural disasters such as floods and earthquakes in the defendant's residence or the place of punishment, general health conditions such as widespread diseases and…” Selection of ReferencesAhmadi Movahhed, Asghar (2007), Execution of criminal sentences, third edition, Tehran: Mizan publishing house. [In Persian]Ahmadzadeh, Rasul and Tam, Mojtabi (1402), Procedure of Punishment, first edition, Tehran: Judiciary Publications. [In Persian]Heydari, Ali Morad (2016), General Criminal Law; Jurisprudential-legal review of reaction against crime, second edition, Tehran: Samt Publications. [In Persian]Jessica Breen(2008), “Prisoners’ Families and the Ripple Effects of Imprisonment”, Studies: An Irish Quarterly Review, Vol. 97, No. 385, The Family Today (Spring 2008), Published By: Messenger Publications, pp. 59-71. Louise Robinson, Sue Tucker, Claire Hargreaves,(2022), “Providing Social Care following Release from Prison: Emerging Practice Arrangements Further to the Introduction of the 2014 Care Act”, The British Journal of Social Work, Volume 52, Issue 2, March 2022, Pages 982–1002,Miller v. Alabama, (2012), “Banning mandatory juvenile life-without-parole sentences”, Washington and Lee Law Review, Volume 76 Issue 1 Article 4. pp 312-320.Rahmdel, Mansour (2014), Criminal Procedure Code, third volume, second edition, Tehran: Justice Publishing House.Tavajjohi, Abdul Ali (1402), Arbitrary institutions in the Islamic Penal Code approved in 2013, first edition, Tehran, Judiciary Publications. [In Persian]

Fear of the older sibling's position in sibling relationships can lead to various negative consequences, including domestic violence within the family. Therefore, the development of appropriate preventive policies to control and reduce the fear of this position can have a direct impact on reducing domestic violence and strengthening the foundation of the family. This study, conducted in 2022 using the Q-methodology and purposive sampling, aimed to identify the influential factors in the formation of bullying resulting from the fear of the older sibling's position. The findings of this research indicate that nine factors (mental patterns) with a cumulative variance of 34.78% play a key role in creating fear of the risk of bullying from the older sibling. Moreover, the inferential results of factor analysis suggest a significant relationship between bullying resulting from the fear of the older sibling's position and factors such as "intimate relationships, discrimination among siblings, age and gender, culture, power imbalance, vulnerability assumption, lack of self-esteem, instrumental violence, and lack of knowledge and skills." Introduction One of the challenges in sibling relationships is the fear of the older sibling's position due to the risk of experiencing bullying from them. In this context, it seems that both the fear of the older sibling and bullying can independently create a sense of helplessness and anxiety in individuals. Such a situation in sibling relationships can pave the way for other crimes. Therefore, neglecting to understand the influential factors in the formation of fear of the older sibling's position has been criticized from the perspective of crime prevention knowledge. The present study aims to explore the influential factors in creating fear of the older sibling's position and its relationship with sibling bullying. Existing research indicates that few studies have examined the relationship between fear of bullying resulting from the older sibling's position, creating a research gap regarding the factors contributing to fear of the older sibling's position and its relationship with bullying. MethodologyThis research employed a qualitative approach using the Q-methodology, with Q-statements generated and presented to participants. In the first step, participants were selected purposefully among students, and then Q-statements were provided to each of them. The validity and reliability of the research were also assessed. Finally, the data were analyzed using SPSS software. Results and DiscussionThe findings indicate that the factor of lack of intimacy in sibling relationships has the highest impact, accounting for 18.76% of the variance in creating fear of this position. Although the results reflect the participants' mental factors, the data analysis based on the hypotheses reveals nine factors (mental patterns) with a cumulative variance of 34.78% in creating fear of the risk of bullying from the older sibling, which plays a key role. Moreover, the inferential results of factor analysis suggest that attention to factors such as strengthening intimate relationships, reducing discrimination among siblings, considering age and gender, culture, power balance, reducing vulnerability, enhancing self-esteem, developing problem-solving skills, and enhancing knowledge and skills can significantly help reduce bullying in sibling relationships. ConclusionsThis survey aimed to identify the relationship between fear of the older sibling's position and sibling bullying, and the obtained factors from the selected statements reflect nine mental patterns regarding the reasons for creating fear of this position. Based on this, the most influential factor in creating fear of the older sibling's position is the lack of intimacy and respect between siblings, as children who lack intimate and respectful relationships with their older siblings experience more bullying, as respect plays a fundamental role in regulating their relationships. On the other hand, the least influential factor in creating fear of this position is knowledge and skill in preventing bullying in sibling relationships. Overall, various factors contribute to bullying resulting from fear of the older sibling's position, such as the presence of discriminatory structures in the family, gender roles, culture, power imbalance among siblings, the younger siblings' lack of self-esteem, an instrumental view of violence for problem-solving, and the lack of knowledge and skills in younger siblings to prevent bullying from the older sibling. Furthermore, the findings indicate that in societies where the culture of male dominance is prominent in family relationships, the fear of bullying among children is higher. Selection of ReferencesAndromachi, T. & Christina, Z. (2008). “Fear of Crime and Victimization: A Multivariate Multilevel      Analysis of Competing Measurements”. European Society of Criminology and SAGE Publications Los Angeles, London, New Delhi, Singapore, and Washington DC. 5 (4), PP. 387–409.Anni Kajanusa, Narges Afshordia,& Felix Warneken. (2019). “Children's understanding of dominance and prestige in China and the UK” Evolution and Human Behavior.41(1). pp. 23-34.Boros, S. (2006). “Q-methodology: Applications and Implications: Invited Lecture at the Research Colloquium of the Department of Organizational Studies”, Tilburg University.Bethan Carter, Shantini Paranjothy, Alisha Davies & Alison Kemp. (2020). “Mediators and Effect Modifiers of the Causal Pathway Between Child Exposure to Domestic Violence and Internalizing Behaviors Among Children and Adolescents: A Systematic Literature Review”. Article reuse guidelines: sagepub.com/journals-permissions. 23(2.Chen, Y. Zhang, P. & Wang, M. (2020),” The association between parental favoritism and bullying among siblings: A longitudinal study”. Child Abuse & Neglect, 10(3).pp.104-146.Charlotte M. Dieteren , Nathalie J.S. Patty, Vivian T. Reckers-Droog , Job van Exel. (2023). “Methodological choices in applications of Q methodology: A systematic literature review”. Social Sciences & Humanities Open, 7(1). Pp. 100404.David Finkelhor, (2019). Child Sexual Abuse: Challenges Facing Child Protection and Mental Health Professionals.  Routledge  London.DEREK, C. LIZ, A. & JASON, D. (2007). THE RELATIONSHIP BETWEEN LIKELIHOOD AND FEAR OF CRIMINAL VICTIMIZATION: Evaluating Risk Sensitivity as a Mediating Concept. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD).Erčulj, V.I. (2021). The ‘young and the fearless’: revisiting the conceptualization of fear of crime. Quality & Quantity, 56, 1177 - 1192Hamed Taherdoost, Shamsul Sahibuddin, & Neda Jalaliyoon.(2022). “Exploratory Factor Analysis; Concepts and Theory”. Advances in applied and pure mathematics, 27, pp. 375-382.Jonathan, J. & Loanna, G. (2013). Fear of Crime: An Entry  To the Encyclopedia of Theoretical Criminology. Encyclopedia of Theoretical Criminology. Publisher: Wiley-Blackwell.Jeffords, C. R. (1983). The Situational Relationship between Age and the Fear of Crime. The International Journal of Aging and Human Development, 17(2), pp.  103–111.Kim, J. Y. McHale, S. M. Wayne Osgood, D. & Crouter, A. C. (2006). Longitudinal course and family correlates of sibling relationships from childhood through adolescence. Child Development, 77(66), pp.  1746–1761.Foster, S Giles, Corti, B Knuiman, M. (2010) Neighborhoods design and fear of crime, 16(6). P p  1165–1156.

This study aims to analyze the impact of the implementation of the anti-money laundering law on the detection of the origin crime and the prevention of economic crimes. The statistical population was determined by tax, banking, and justice experts, among whom 54 people were selected in a targeted way. Data was collected using a researcher-made questionnaire and its reliability and validity were confirmed. The research hypotheses were tested using the structural equation modeling approach. The results show that the implementation of the anti-money laundering law by the banking and tax systems did not have a significant effect on the detection of the origin crime and the prevention of economic crimes. Also, the impact of the independent variable directly and through the mediator variable is not significant, and the model lacks predictive power. It seems that the reasons for the failure of the implementation of the anti-money laundering law are the existence of jurisprudential and legal contradictions in the existing law, precedence of proving the origin of crime before proving the crime of money laundering, the lack of coordination of institutions, technical problems in the tax and banking system, and the lack of cooperation with the judicial system. Introduction In Iran's Islamic Punishment Law (I.P.L) economic crime is mentioned with its cases and avoided its general definition, but if only these cases are considered as economic crimes, their volume and number are very large and increasing. Money laundering is known as an economic crime and regarding it, the Anti-Money Laundering Law (A. M. L. L) has been put on the agenda of the Central Bank of Iran. Money laundering is a crime that originated from other economic crimes. Since all economic crimes are financial and their results will be seen in people's bank accounts, or the transfer of assets, a tax organization is on the path of these transfers, it seems that A.M.L.L through these two institutions, can affect the reduction of economic crimes.In today's world, to eliminate or slow down the speed of economic criminal activities, various governmental, public and sometimes private institutions have joined hands with the help of technological advances to protect the property of the people and the government, as well as obtaining the legal share of the government from the economic activities and at the same time to prevent economic crimes, they have provided effective and practical solutions and in addition to implementing them, they have been successful in preventing these crimes. One of these solutions is A. M. L. L and its operationalization in the banking and tax systems of such countries.One of the ways to discover the crime is the quality of A. M. L. L and its systematic implementation. Through money laundering, the proceeds of criminal activities enter the economic system, and related organizations must prevent this process. Meanwhile, the judiciary, the banking system, and the tax organization play the main role in monitoring income and money.A) How the implementation of A. M. L. L. affects the prevention and spread of economic crime.b) How the implementation of A. Does M. L. L. affect the discovery of crimes?c) Is it possible to discover the origin of crime through the implementation of the A. M. L. L and does it affect the prevention and spread of economic crime in Iran?  MethodologyThe current research method is a descriptive, qualitative, and applied survey. The statistical population includes judicial experts including judges of criminal branches and lawyers, banking, and tax experts. Also, the structural equation modeling approach was used to test the research hypotheses.  Results and DiscussionImplementation of A. M. L. L. through the tax and banking system, has not had any effect on the prevention of economic crimes, either directly or through the discovery of the origin crime (intermediary). Also, the influence coefficient (f2) shows that the independent variables do not directly affect the dependent variable. The Sobel coefficient also shows that the influence of the independent variable on the dependent variable through the intermediary variable is not significant. The size of the Stone-Jesser statistic (Q2) in both models shows that, considering that, the implementation of A. M. L. L. through the banking and tax system, does not affect discovering the origin of crime and prevention of economic crimes, it does not have the power of prediction. To evaluate the goodness of fit of the aforementioned model, the value of the SRMR index and NFI index are equal to 0.14 and 0.39, respectively, which the first model lacks and the second has a goodness of fit and predictability.  ConclusionsBased on what was mentioned in the theoretical foundations and previous studies, it was predicted that the implementation of A. M. L. L., cause to discover the origin of crime and therefore prevent the commission and spread of economic crimes. But, not only these crimes have not decreased, their number and even their severity are increasing every day. The research results showed that the implementation of A. M. L. L. has not had a significant impact on the prevention of criminal economic activities. Some empirical studies that have reached a similar conclusion have referred to this issue as the contradiction between jurisprudence and the law in this matter, which means that the bank and the tax administration do not have the right to interfere in people's financial affairs based on the principle of innocence and they cannot ask the customers and taxpayers "Where did you get it (money) from?", and customers can open a bank account and make savings and withdrawals without restrictions.Some researchers believe that if the banking system takes the approach of absolute independence of the origin crime from money laundering, and if the bank system has the right to ask, "Where did you get it from?" the customer, money laundering will be identifiable. It seems that subjecting money laundering to the primary or origin crime and considering it as a secondary crime has caused this lack of success in the implementation of the A. M. L. L.In other words, the crime of money laundering cannot be proven until the origin crime is proven, so contrary to the prediction of the researcher and the mentioned theory, by identifying the origin crime, the crime of money laundering is identified, as the result of the hypotheses test showed, the implementation of the law by the banking system in this regard has not been successful.Considering the answers to the questions in the questionnaire shows that the banking and tax systems have not cooperated to help discover the origin of crime or prevent economic crimes, and they are facing legal obstacles (Abdolahi, 2019). It seems that one of the reasons for the failure of A. M. L. L. is the presence of heavy punishments with uncertainty and broken implementation, which was pointed out by Gharamani and Saibani (2017).  Selection of ReferencesAbdollahi, Hosein. (2021). Tax Assessment Based on Banking Transactions in the Iranian Legal System. Journal of Tax Research, 28(48), 61-82.  doi:10.52547/taxjournal.28.48.61. PersianAbolhasani Hastiani, Asghar, & Daniali, Ghorban. (2018). Developing a Strategic Model for Money Laundering Prevention in the Banking System of Iran. (Case study: Bank Saderat Iran). Quarterly Journal of Public Organizations Management, 6(4), 11-24. Persiandoi:10.30473/ipom.2018.5030Ahmadi Jouibary, Mehdi. (2016). The crime of money laundering and the explanation of its prevalence and spread in societies. Studies of Political Science, Law, and Jurisprudence, 2(2), 57 - 68. PersianAli, Mahrus and et all. (2021). Corruption, asset origin and the criminal case of money laundering in Indonesian law. Journal of Money Laundering Control. PersianAluko, Ayodeji, & Bagheri, Mahmood. (2012). The impact of money laundering on economic and financial stability and political development in developing countries. Journal of Money Laundering Control, 15(4), 442-457. doi:10.1108/13685201211266024

The complexity of corporate crimes in the field of consumption, the extent of their victims, and the ineffectiveness of traditional punishments have made it difficult to deal with these crimes. Dealing with corporate crimes outside the criminal justice system and restoring the processes, in addition to supporting the victims, can prevent damage to the reputation and credibility of companies. This research wants to investigate the possibility of using restorative methods in dealing with corporate crime in a descriptive-analytical way and concerning library sources. The findings of the research indicate that regarding corporate crimes, it is possible to apply restorative mechanisms through the use of a horizontal approach along with a vertical approach and strengthening the responses according to the needs of the victims. To overcome the challenges of the classical restorative methods, it is necessary to use new effects, such as the use of mediation structures and the online dispute resolution system.1. Introduction The development of societies has caused commercial companies to enter the community scene. The presence of commercial companies has brought problems despite certain and undeniable benefits. In such a way that sometimes the activities of these companies cause damage to the property and life of a large part of the society. Their effects and influence can be seen almost everywhere in society. The emergence of criminal behavior against consumers can be considered as one of the side effects related to the activities of commercial companies. The crimes of these companies against consumers impose huge costs on governments and individuals. The extent, cross-border, complexity, and sometimes organization of the crimes of commercial companies, in the context of consumers' ignorance and the imbalance of power between the perpetrators and the victims, has caused a growing number of instances of consumer rights violations.Restorative justice is a system or an approach in which the victim, the criminal, and society in general participate in identifying the causes of the crime, determining the appropriate response to the criminal, and repairing the damages caused to the victim. Restorative justice does not merely punish the wrongdoer, but while compensating the losses caused by the crime, prevents further damages and returns the perpetrator to the same society that violated its norms.The application of restorative justice regarding the crimes of commercial companies is very important because of provides a comprehensive solution. Restorative justice as a principle seeks to do justice. Therefore, at the same time, governments should use all their efforts to maintain order and ensure appropriate punishment, Processes that promote justice in a broader sense and should take into account the needs and expectations created after the crime has occurred. There should be processes that promote justice in a broader sense and take into account the needs and expectations created after the crime has occurred. Corporate crimes are no different from classic crimes and should not be deprived of restorative processes.This research aims to answer the following questions while examining various restorative and compensatory methods in dealing with corporate crimes: Is it possible to use restorative justice mechanisms in response to the crimes of commercial companies and support their victims? What are the methods of restorative proceedings that can be applied to the crimes of commercial companies? To answer these two questions, firstly, the ability to use the restorative justice system to support the victims of commercial companies is examined, and then the methods and mechanisms of restorative proceedings appropriate to the crimes of commercial companies are discussed.2. MethodologyThis research aims to investigate the possibility of using restorative methods in dealing with corporate crimes in a descriptive-analytical way and concerning library sources.3. Results and Discussion4. ConclusionsApplying correct management and coordinating the responses with each other can help to form an efficient criminal policy in the fight against the crimes of commercial companies and provide comprehensive support to the victims of these crimes. Considering the complex nature of the crimes committed by the companies and the many obstacles that exist in the detection and handling of these crimes, the design of online systems to include the complete specifications of the products, so that it can be easily Monitoring institutions, non-governmental associations and consumers can be tracked, it can increase the visibility and clarification of these crimes. Today, the direction of all commercial rules in the world is based on the facilitation and development of commercial relations, and in the event of a dispute, the priority is to repair and strengthen these relations, rather than simply insisting on coercive and destructive responses that lead to the breakup of these relations.To have an efficient restorative mechanism in response to corporate crimes against the consumer, first of all, the platform for accepting such responses in the traditional criminal justice system should be provided and the realization of this importance depends on the development of coherent and appropriate laws for the activities of commercial companies, in such a way that in the establishment of criminal responses, in addition to complying with the appropriateness of the crimes committed and establishing the distinction between crimes and violations, the need to use and compensation for their losses should be taken into consideration. If the victimization of consumers is not recognized in the criminal justice system, the use of restorative mechanisms or any non-judicial mechanism to support these victims will be sterile and ineffective in practice and will only result in the delay of the proceedings and the wandering of the victim. Therefore, while adhering to the principles of restorative justice, by updating traditional tools and formulating new methods such as using a multi-layered mediation mechanism, solving online disputes, and facilitating the space for dialogue and agreement between companies and consumers, from this The system was used to respond to new and complex corporate crimes.  Selection of ReferencesAbedi, Fahimeh & Zeleznikow, John & Emilia, Bellucci,  2019 “Universal standards for the concept of trust in online dispute resolution systems in e-commerce disputes” International Journal of Law and Information Technology, P 412-446Adgulwar, Rani, 2021 “Consumer Protection and E-commerce in India” Palarch’s Journal of Archaeology of Egypt/Egyptology 18(10), P. 990-997.Brogan, Patrick, 2020 ” Consumer Redress Through Online Dispute Resolution: The Role of Online Dispute Resolution in Facilitating Consumer Access to Justice in E-Commerce”, Volume 12, P 423-476Schmitz, Amyj, 2018, “App for Tht: Developing Online Dispute Resolution to Empower Economic Development” 32 Notre Dame Journal of Law, Ethics and Public Policy, p 85-112

The aim of this paper is to defend the following thesis: It is rational to believe that the right to life is restrictively a Divine right and not a human right; that is, only God has the (moral/legal/religious) authority to make and issue the laws surrounding life and death. This paper is structured as follows: after some introductory points are given, two arguments in favor of the above thesis will be formulated; the first argument is based on the fallibility of human knowledge and judgment, and the second argument is based on the rejection of the human right to life because of its implausible implications. Finally, some implications and advantages of the favored thesis will be explained briefly. Introduction Concerning the above questions, two main approaches are Natural Rights Theories and Legal Positivism. According to the first, the origin of the rights is natural laws (Kelsen, 2006: 392), and the main properties of the laws are Universality and Immutability. (Freeman, 2014: 128-9) Hence, the proponents of this approach try to find a solution to the question of how and why a natural law can produce a rational basis for the legitimacy of human rights and make justified decisions about them. The famous slogan of this group is: “Unjust laws are not laws.” (Finnis, 2020)Natural Rights Theories can be placed into two groups. According to the first, natural rights are stemmed from Divine Will since men are the creatures of God. The proponents of the second group, however, have tried to secularize natural laws. According to them, natural laws are the ontological implications of Human nature such that even God cannot change or remove them. As Hugo Grotius, one of the founders of this school, says natural laws were valid even if there would not be God. (Bix, 2010: 215) So, human nature qua human nature is the origin of human rights.At any rate, in all these approaches, despite all differences, the right to life is one of the most important rights, if not the most important, at least for the simple reason that without it other rights are useless and pointless. The right to life simply means that a human being has the right to live and, nobody, including governments, can try to end her/his life.Now, concerning the right to life, the main question is who and which source has the right to make laws, issue judicial rulings, and issue death penalties. To find the answer, in this paper, I will try to defend this thesis: It is rational to believe that the right to life is exclusively a Divine right and not a human right; that is, only God has the (moral/legal/religious) authority to make and issue the laws surrounding life and death. MethodologyThe method of Inference to the Best Explanation (IBE) will be used to evaluate and justify the suggested theory. The outcome of IBE can hardly prove the truth of an idea. However, the method can show which theory best explains available evidence among the rivals. In other words, IBE can show that belief in the truth of which theory is more rational and justified. Results and DiscussionThis paper is structured as follows: after some introductory points are given, two arguments in favor of the above thesis will be formulated; the first argument is based on the fallibility of human knowledge and judgment, and the second argument is based on the rejection of the human right to life because of its implausible implications. Finally, some implications and advantages of the favored thesis will be explained briefly.The first argument can be formulated as follows: (1) All judicial rulings made and issued by humans are fallible; (2) In the realm of irreparable rights, humans’ (individual/collective) wisdom is not legitimately allowed to issue fallible legal judgments; (3) Right to life is an irreparable right; (4) So, humans’ (individual/collective) wisdom is not legitimately allowed to issue legal judgments about right to life; (5) Only humans or God are allowed to issue legal judgments/judicial rulings about right to life; (6) So, only God is legitimately allowed to issue legal judgments/judicial rulings about right to life. In the paper, it is shown that all premises of the argument are justified. So, the argument is valid.The second argument can be formulated as follows: (1) A theory is wrong if its consequences/implications are wrong; (2) One of the implications of the theory that the right to life is a human right is passing the laws by humans’ (individual/collective) wisdom according to which killing people or execution of people are allowed; (3) A posteriori, it can be shown that such laws are obviously wrong or extremely controversial; (4) So, the theory that the right to life is a human right has wrong consequences/implications; (5) So, the theory that the right to life is a human right is wrong; (6) Only humans or God are allowed to issue legal judgments/judicial rulings about right to life; (7) So, only God is legitimately allowed to issue legal judgments/judicial rulings about the right to life.It seems that premises 1 and 2 are unquestionable. Premises 4 and 5 are the consequences of previous premises. Premise 6 was explained in the previous argument. Premise 3, however, is controversial. So, this paper presents some thought experiments to justify premise 3. Consequently, the argument is sound and valid. It is worth mentioning that the two abovementioned arguments are philosophical and theological, and hence, their results dominate the limits of legislation laws. ConclusionsIn this paper, we tried to defend the theory that it is rational to believe that the right to life is exclusively a Divine right and not a human right. The implications and the scope of the theory are significant and wide. The first is that any kind of killing people, including capital punishment, is illegal unless it can be shown clearly and undoubtedly that God has allowed it. So, the number of legalized killing cases will decrease significantly. Moreover, in the case of conflict between rights, no one has the right to sacrifice the lives of people to reach other aims. Besides, some important theological and legal problems are solved or dissolved if the suggested theory is accepted. The author hopes that he can publish his notes on these topics soon.  Selection of ReferencesBix, Brian (2010), A Companion to Philosophy of Law and Legal Theory (2nd Ed.), D. Patterson (Ed.), West Sussex: Wiley-Blackwell.Dworkin, Ronald M. (1977), Taking Rights Seriously, Cambridge: Harvard University Press.Finnis, John (1980), Natural Law and Natural Rights, Oxford: Clarendon Press.Finnis, John (2020), "Natural Law Theories," The Stanford Encyclopedia of Philosophy (Summer 2020 Edition), Edward N. Zalta (ed.), URL = .Freeman, Michael D.A. (2014), Lloyds Introduction To Jurisprudence, London: Sweet & Maxwell.Green, Leslie & Thomas Adams (2019), "Legal Positivism", The Stanford Encyclopedia of Philosophy (Winter 2019 Edition), Edward N. Zalta (ed.), URL = .Hart, H. L. A. (2012), The Concept of Law (3rd Ed.), Oxford: Clarendon Press.Himma, Kenneth Einar (2023b), “Legal positivism,” The Internet Encyclopedia of Philosophy, https://iep.utm.edu/legalpos/Kelsen, Hans (2006), General Theory of Law and State, New Brunswick: Transaction Publishers.Lauren, Paul Gordon (2003), “Philosophical Visions: Human Nature, Natural Law, and Natural Rights", The Evolution of International Human Rights: Visions Seen, Philadelphia: The University of Pennsylvania Press.Musavi Karimi, Mirsaeid (2023) “Right to Life, a Divine Right or a Human Right? The Journal of Human Rights, Vol. 18, No.1, Spring & Summer 2023 Issue 35, pp. 7-35, DOI:10.22096/HR.2023.1971570.1520Raz, Joseph (2009), Between Authority and Interpretation: On the Theory of Law and Practical Reason, Oxford: OUP.Wenar, Leif (2021), "Rights", The Stanford Encyclopedia of Philosophy (Spring 2021 Edition), Edward N. Zalta (ed.), URL = .

The crime against the fetus is not limited to abortion; Rather, it has different types. One of these types is the crime that leads to the creation of works after birth. After years of silence about these crimes, in 2012, the legislator addressed them in a note to Article 306 of the Islamic Penal Code. According to this note, there is a possibility of retribution for committing crimes that lead to the creation of works after birth; This is even though in the article itself, the proof of retribution in crimes against the fetus is ruled out. This point causes the question of whether there is a contradiction between the article and the note, or whether the legislator has excluded these crimes from the scope of Article 306 for some reason, and also the reason and basis for proving retribution in the note, considering its flaws and gaps. It is a serious question. The information in this research was collected by searching library sources and analyzed in a descriptive-analytical way. The findings show that there is no contradiction between the article and the note and their status was based on jurisprudence and some forms of crime. Although the enactment of Article 306 and its note is a new measure regarding crimes that lead to the creation of effects after birth, and its fruit is to prevent crime and strengthen the deterrent aspect of the law, it is suggested to take measures as soon as possible to fix the problems of the note and eliminate the contradictions. It should be provided and its loopholes should be taken into consideration by the legislator.1. Introduction The crime against the fetus includes abortion and other operations; It means that there is a possibility that the fetus will be aborted or some other effect will appear in it due to the crime against the fetus. Based on this, as a result of crime, we may witness the emergence of work after birth. After the birth of the crime against the fetus, it is subject to abortion. In 2012, the legislature enacted Article 306 and its following note regarding the punishment of crimes against the fetus. In general, this article is about crimes against the fetus, and the note is responsible for stating the verdict of committing a crime that causes effects after birth. According to this note, there is a possibility of retribution for committing crimes that lead to the creation of works after birth; This is even though in the article itself, the proof of retribution in crimes against the fetus is ruled out. This point causes the question of whether there is a contradiction between the article and the note, or whether the legislator excluded these crimes from the scope of Article 306 for some reason, and also the reason and basis for proving retribution in the note, considering its flaws and gaps. It is a serious question. MethodologyThe information in this research was collected by searching library sources and analyzed in a descriptive-analytical way. Results and DiscussionThe provisions of the article and the note of article 306 are not in conflict with each other; Rather, in the article, the punishment for crimes whose result appears in the fetus is stated, and in the note of the article, the punishment for crimes resulting in the creation of effects after birth is mentioned.The problems with the note related to the existence of the clause "having the ability to continue life" and the ruling to prove retribution for crimes lead to the creation of birth defects, and in all the different forms of crimes against the fetus, due to the lack of a spiritual element, it cannot be accepted. Based on jurisprudence and legal principles, there are also gaps in the note, which include: the existence of ambiguity about the adverb "after birth", the lack of attention to the punishment of crimes caused by which the disease is eventually cured, the lack of clarification regarding the classification of diseases. Based on their nature, the existence of ambiguity regarding the inclusion of the note regarding infants without independent life and the existence of ambiguity regarding the inclusion of the note regarding laboratory and frozen embryos and genetic manipulation of sex cells that lead to defects or death after birth. ConclusionsEven though the legislator's action in establishing Article 306 and its note is a new and admirable step in considering the crimes that lead to the creation of works after birth, it is suggested that as soon as possible, to fix the problems, to fully adapt the provisions of the note to the famous saying of jurists and eliminate Necessary measures should be taken for discrepancies. Also, the proposed legal loopholes should be taken into consideration by the legislator so that necessary decisions can be made regarding them. The suggested text for amending the note is as follows: "If a fetus is born alive and the crime before birth leads to its defect or death after birth, the retribution is fixed, but if the defect was created during the fetal period and after birth only appears in such a way that it is considered part of birth defects, retribution is not established, but its punishment is determined according to Article 720 of the Islamic Penal Code. Selection of ReferencesAkrami Ruhollah, An Analysis on the Jurisprudential and legal requirements determination of retaliation in abortion (1394). Medical Law Journal. 9 (33):pp.151-173.Aghaie-Nia Hossein, Criminal Law Crimes Against Persons (1399). Tehran: Mizan.M.M.Sadeghi Hossein. Offences Against Physical Integrity Of Persons (1399). Tehran: Mizan.Hajidehabadi Ahmad. Offences Against The Person (1397). Tehran: Mizan.Najafi, Mohammad Hassan, Saheb Javaher (1404), Jawahir al-Kalam, Beirut: Dar Al-Ihyaa Al-torath Al-Arabi. [In Arabic].Ameli, Zein Al-Din b. Ali, Al-shahid Al-Thani (1413), Masalik al-faham fi sharh shara'i' al-Islam, Qom: Institute Of Almaearif Al-Islamihi. [In Arabic].Helli, Mohaghigh, Najm Al-Din b. Hassan (1408), Sharaie Al-Islam Fi Masael Al-Halal Va Al-Haram, Qom: Institute Of Ismaeilian. [In Arabic].Isfahani, Mohammad b,Hassan, Fazel Hendi (1416). Kashf Al-Letham An Qawa'ed Al-Ahkam. Qom: Islamic publishing office of the seminary. [In Arabic].Mousavi Khoei, Seyed Abal-Qasim (1422), Mabani Takmelat Al-Menhaj, Qom: Institute Of Ihya Al-Athar Al_Imam Khoei. [In Arabic].Muhammad b.Al-Hasan, Sheykh Tusi (1387), Al-Mabsut Fi Fiqh Al-Imamie, Tehran: Al-Maktab Al-Murtadiwih li'iihya Al-Uathar Al-Jaefarih. [In Arabic].Mirhashemi, Z. S., & Jalili Kalhori, T. (1396). Population Increasing in Quran verses and Islamictraditional sources. Journal of Woman and Family Studies, 5(2), pp.153-192.doi: 10.22051/jwfs.2017.9418.1127.Hosseini, S. M., & Rostami Ghazani, O. (1397). Legal, Philosophical, Political, and Sociological Aspects of Punishment. Criminal Law Research, 9(1), 89-114. doi: 10.22124/jol.2018.5001.1199.

For a long time, the realization of justice has been the most important Objective of governments, and the most fundamental element of achieving this goal is easy access for people to an efficient judicial system; The requirement to achieve this is to deal with lawsuits within a conventional deadline. However, the problem is that several factors have affected the functioning of judicial systems and the existence of some inadequacies has caused the failure of impartial proceedings and the Appearance of a problem known as delayed proceedings. This research aims to identify the factors affecting this problem and provide a solution to solve it by studying the issue of judicial delay proceedings. The results indicate that the aforementioned problem arises from various causes such as the scientific and functional weaknesses persons related to the proceedings and the inefficiency of formal and substantive laws, and adopting measures in these fields can help solve the problem.1. Introduction Procrastination of proceedings, or in other words, the problem of prolonging the process of legal and criminal proceedings, has existed as a trans-temporal and trans-spatial phenomenon since the formation and establishment of judicial institutions.  It has been an obstacle to achieving fair proceedings and the realization of justice, also, this obstacle has resulted in the violation of people's rights and their dissatisfaction and has created an ineffective image for judicial authorities. This problem by overshadowing the principle of speed in proceedings as one of the formal principles that oversees the quality of proceedings has caused the result of their performance to appear weak and inefficient, despite the continuous efforts of judges and other appointees to the judicial system. MethodologyIn this research, a descriptive and analytical method has been used, and in this regard, library sources and the opinions of lawyers have been used to finally reach a conclusion that is by the law and the existing situation in the country's legal system. Results and DiscussionToday, due to the expansion of societies and the consequent increase in disputes, in practice, many issues provide reasons for delaying the proceedings, due to the complexity of the proceedings and the involvement of various factors such as the rules and regulations governing the proceedings and numerous people involved in the proceedings, including judges, Employees, bailiffs, lawyers, experts, litigants, etc., the causes and factors affecting the problem of delaying proceedings can be divided into two groups of weakness in the performance of human resources and legal inadequacies.Human power is considered to be a significant influential factor in proceedings, which plays a critical role in the realization of fair proceedings; In such a way its efficiency will lead to the dynamics of proceedings and the realization of justice as much as possible. Therefore, considering the importance of the role of this factor, one of the most important reasons for the delay of proceedings is the result of the inappropriate performance of people relating to the judiciary, which is rooted in their scientific or executive (functional) weakness.Another factor that plays the most noticeable and most important role in the direction of quick processing and benefiting from a fair trial is undoubtedly the legislator; Because having the attribute of being "wise" and being noble in the matter of legislation and legislative policies, a legislator can,  measure such as establishing formal laws and regulations by the facilities and tools available in the judiciary, cancel substantive laws that are redundant and inconsistent with legislative standards and reduce Criminalization of normal behavior (from the point of view of people and customs)  To provide reasons and prerequisites for reducing the delay in criminal proceedings. On the other hand, some inefficient substantive and formal regulations (both legal and criminal) that have been approved regardless of the existence of infrastructures and facilities have fueled the aggravation of this problem; In such a way that these laws themselves directly lead to an increase in the time of the proceedings, or by providing the possibility of abuse by the parties and lawyers of these inadequacies, it has indirectly caused delays in the proceedings. ConclusionsProceeding within the usual period is one of the principles of the organizer and monitoring the quality of the proceedings. Failure to pay attention to it causes the problem of delaying the proceedings and many harmful and irreparable effects, such as eliminating the deterrence aspect of punishments in the long term, deprivation of public trust in the judicial system, and financial losses for people (especially in societies with inflationary economy). The investigation and study about the causes of the damage of the delay of the proceedings indicates that the most important causes for this problem are the weak performance and scientific manpower function about proceeding, on the other hand, inadequacy and inefficiency of laws and formal and substantive regulations. Selection of ReferencesMohseni, Hassan (2009), “Ritual justice research in theories of fair civil proceedings”, Journal of Law, Volume 38, Number 26. pp.285-319. [In Persian].Kazemi, Sajad, and Chegini, Hamed (2023), “Institutional oral indictment to reduce the delay of criminal proceedings”, Journal sublimity of Rights Number 42, pp.294-315. [In Persian].Shiravi, abdoal-hosein (2005), Comparative Law, Tehran, Samt Publishers. [In Persian].Shams, abdolah (2002), Civil procedure, Tehran, Mizan Publishers. [In Persian].Mahmodi, Fariba (2018), “Administration of evidence in proceedings with the approach of prohibiting the delay of proceedings”, Journal of Law Studies, Number 26. pp.153-166. [In Persian].Saneei, Parviz (2002), Law and Society, Tehran, first edition, New design publications. [In Persian].Hasani, Alireza (2002), “Reasons for delaying proceedings in Iran's judicial system, the role of lawyers and legal advisors in the process of speeding up proceedings”, Advocacy magazine, Number 11. pp.23-28.  [In Persian].