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Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
ISSN 2345-3575 · Allameh Tabataba'i University Press · 421 artikel di indeks
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A Legal Analysis of the Role of Foreign Military Bases in Armed Conflicts and Their Implications for State Responsibility and Individual Criminal Liability: A Case Study of the Iran–United States Conflict
Problem Statement and Literature Review The use of foreign military bases located within the territory of third States has become one of the challenging issues in contemporary international law, particularly in the context of armed conflicts. These facilities may serve important functions in…
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The Application of Southern Criminology in Redefining Iran’s Enemy Criminal Law Approach to Crimes Against Security
Problem Statement and BackgroundCrimes against national security lie at the intersection of national security and citizens’ rights and freedoms. In the Global South, the concepts of security and security-related crimes cannot be analyzed independently of the historical, social, political, and…
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The Criminal Liability for Presenting a False Balance Sheet
Background and Problem Statement The integrity of financial reporting constitutes one of the fundamental pillars of corporate governance and market transparency. Among financial statements, the balance sheet plays a particularly significant role because it presents the financial position of a…
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Prevention of Violations of the Right to Social Health in the Light of Participatory Criminal Policy; Obstacles and Strategies
Introduction and Background In any society, the establishment of public order and security is considered one of the fundamental pillars. The main goal of this effort is to prevent chaos and create a peaceful and secure environment for citizens to live. The most important component that is directly…
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Differential Criminal Procedure for Juveniles: From Legislative Intent to Challenges of Implementation
Problem and Background Differential criminal procedure for children is one of the important achievements of modern criminal policy and the movement for the protection of child rights. It is based on the recognition that children, because of their age, developmental characteristics, psychological…
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An Introduction to the Logic of Substantive Criminal Law
Introduction The rules of criminal law logic in a legal system must be applied both at the time of legislation and at the time of implementation and interpretation. Observing these rules at the time of legislation or interpretation reduces ambiguities and is a factor in preventing deviation from…
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Synergy Between Formal and Indigenous Justice in Controlling Violent Crime
Problem and BackgroundIranian nomadic communities, owing to their traditional social structures, tightly knit kinship networks, and strong clan-based norms, may in some circumstances become settings in which severe violence, honor-based conflicts, and retaliatory cycles are reproduced and…
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Comparative Legal Analysis of President McKinley’s Assassination: Perspectives from the U.S. Legal System and Imami Jurisprudence
Introduction and Problem Statement The assassination of William McKinley, the 25th President of the United States in 1901, represents one of the most complex intersections of politics, medicine, and law in the history of criminal proceedings. Leon Czolgosz, a Polish-born anarchist, targeted the…
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Post-Release Electronic Monitoring of Repeat Theft Offenders as a Security Measure
Research ProblemContemporary criminal law has gradually shifted from a reactive model centered on completed offences towards preventive strategies designed to manage future risks. While classical criminal law recognizes criminal liability only where a person's intention has materialized in an…
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Jurisprudential-Legal Feasibility Assessment of Postponement of Sentencing in the Case of Multiple Crimes
Research Problem Given the developments and changes that have occurred in the teachings of criminal law, new theories have been expressed about crimes and punishments. Based on these theories, in the present era, the implementation of punishments will no longer definitely reduce criminal behavior…
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A Legal Analysis of the Status of Pregnant Women with Substance Use Disorders in the Iranian Legal System
Problem and Background Substance use among pregnant women constitutes one of the most complex and multidimensional problems facing contemporary legal and public-health systems, since it simultaneously involves medical, social, economic, and legal dimensions. Substance use disorder is a chronic…
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The Role of the Principle of Minimality in Criminal Law within Criminal Policy
Today, criminal law is often viewed as the primary solution for preventing and addressing many social disorders and deviant or antisocial behaviors. In Iran, following the Islamic Revolution, there has been a significant increase in the criminalization and punishment of various activities. The…
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Regional Criminology: Regional analysis of Criminality
Criminality is a complex phenomenon that has been analyzed from various perspectives by criminologists. Traditionally, criminality was perceived as an internal issue, with studies focusing primarily on the factors within a given society that contribute to different types of crime. This approach…
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The Impact of Cultural Differences on Online Victimization
Online victimization, as a growing phenomenon, presents unique challenges that differ significantly from traditional forms of victimization. Features such as the anonymity of both perpetrators and victims, the dissolution of geographical boundaries, reduced trust, and heightened vulnerability make…
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Admissibility of Digital Evidence at the International Criminal Court
Digital evidence refers to information obtained from both “closed” sources, such as USB flash drives, and “open” sources, like social media posts. This information is produced, stored, received, processed, and transmitted by digital devices. Over the past few decades, the rapid growth of…
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Evaluation of Restorative Justice in Domestic Violence in Iran
A common form of domestic violence is intimate partner violence. According to statistics from the World Health Organization (WHO), in industrialized countries, about 24% of married women have experienced physical or sexual abuse by their husbands at least once. This rate increases to approximately…
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Verbal Aggression in the Iran`s Criminal Justice System: Psychological Causes, Challenges, and Solutions
Psychology, in the context of both crime commission and issues related to punishment, criminal responsibility, and criminal capacity, is deeply connected to criminal law. Criminal law and criminology intersect with psychological studies at various stages of the criminal process—ranging from…
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A Comparative Analysis of Criminal Appeals in Iranian and French Law
In the Iranian legal system, which is based on the principle of two levels of judicial decisions, particularly in criminal cases, judicial decisions are subject to review by a higher authority to prevent judicial errors. If a criminal decision is issued by the prosecutor’s office, it can be…
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A Jurisprudential Analysis of Hadd Punishment for Intoxication and Its Repetition in the 2013 Islamic Penal Code: From Excessive Caution to Lack of Caution
Following the Islamic Revolution in Iran, the legislator, grounded in Article 4 of the Constitution, criminalized the consumption and use of intoxicants. This criminalization is enshrined in various legal texts, including the 1982 Penal Code (Hudud and Qisas), the 1991 Islamic Penal Code, and most…
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The Role of Indices in Evidence Law: Implications for Civil, Criminal, and Administrative Cases
This article delves into the distinct roles and implications of indices in evidence law within civil, criminal, and administrative lawsuits. While Iranian myths and epics, such as the story of Siavash and the Prophet Joseph in the Quran, exemplify the use of presumptions and indices as evidence…