Journal of
Criminal Law and Criminology

Number 21

V11 ● N21

Spring-Summer 2023

The Shahr -e- Danesh Institute of Law

Research and Study

(SDIL)

Managing Editor: Vahid Eshtiagh

Editor-in-Chief: Mohammad Ashoori

CONTENTS

Jurisdiction to investigate terrorist financing crimes

Ahmad Mohammadi; Bagher Shamloo

An Analytic and Critical Review on Imamiyyah Non-famed Fatwas about Criminal Maturity in the Contemporary World

hasan ali moazen zadegan; Hadi Gohari Bandpey; Mohammad-Hasan Maldar

Defendant’s Defense Rights: The Right to Remain Silent and Refraining from Self-recrimination in Iran and the People’s Republic of China’s Criminal Justice System

Fateme Fallah Nezhad; Jafar Koosha; Rajab Ali Goldoust Jouybari

Evaluating Confession in Criminal Matters from The Perspective of Max Weber’s Theory of Rationality

Javad Sadati; Abdolreza Javan Jafari Bojnordi; MEYSAM GHOLAMI

The Social Factors Affecting Domestic Violence Against Women (Case Study in Karaj City)

Zahra Kazemi; Ghassem Ghassemi

Evaluating The Concept of Social Class in Critical Criminology: Qualitative Content Analysis of “Platform” Movie

Hamidreza Daneshnari; Pouria Khosravi; Fatemeh Jomegi

The Necessity of Maximum Protection of Sexual Victims Under 18 Years of Age and The Challenges Related to it, Emphasizing The Law on The Protection of Children and Adolescents Approved in 1399

Nafiseh Bagheri; Shadi Azimzadeh; Nasrin Mehra; Mohamadali Mahdavi Sabet

The Assessment of Impact of Family Economic Status on Sexual Victimization of Children and Adolescents

Sepideh Shahidi; Tahmoores Bashiriyeh; Seyed Mehdi Saberi; Asghar Abbasi

Legislative Criminal Policy in the Light of Cultural Criminology: With a Critical Approach to Examples of Challenges in Iran

Mehrdad Rayejian Asli; Esmaeil Rahiminejad; Reza Razmavar Bonab

Jurisdiction of the International Criminal Court and Dealing with International Cyber Crimes in the Human Fields of International Law

Ali reza Mohaghegh Harcheghan; Mohammad Ali Ardebily; ebrahim beigzadeh

Victimological Approach to Food Insecurity

Mojtaba Jafari; Fatemeh Tabakhian

The Causality in Environmental Crimes in the Light of Vicarious Criminal Responsibility; Challenges and Approaches.

Sahar Hajibeigi; Hasan Aalipour; Batul Pakzad

Jurisdiction to investigate terrorist financing crimes

Ahmad Mohammadi 

PhD student in criminal law and criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Bagher Shamloo

Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract
whereas many cases of terrorist crimes and terrorist financing have international dimensions, the serious and effective fight against these crimes faces two challenges: on the one hand exercising jurisdiction and choosing a qualified court on the other. It is not possible to deal with these dangerous crimes without resolving the issue of contradiction of criminal jurisdiction of countries, as well as qualification of domestic or international courts to deal with these crimes. The present article has been written by descriptive-analytical method and based on written documents and sources and its information has been collected through library study. Based on this research, it seems that for the counter-terrorism campaign and it’s financing to be more effective, accepting the principle of universal jurisdiction is necessary, and it can be a way to prevent criminals escaping, although there is no prohibition on governments using other principles of jurisdiction. In addition, resolving the issue of the qualified court for investigating these crimes is possible by relying on the existing domestic and international juridical literature. This is because, in addition to being able to take advantage of the capacity of domestic courts, governments can use the capacity of the International Criminal Court or case and regional courts to prosecute offenders and to provide global justice and security through Collaboration and under special circumstances, especially when the crime of terrorism or its financing is transnational or international.

Keywords

Terrorist financing Terrorism Jurisdiction Global Jurisdiction International Criminal Court

An Analytic and Critical Review on Imamiyyah Non-famed Fatwas about Criminal Maturity in the Contemporary World

hasan ali moazen zadegan

Associate Professor, Department of Criminal Law & Criminology, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran

 Hadi Gohari Bandpey

Ph.D. Student in Criminal Law & Criminology, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran

 Mohammad-Hasan Maldar

 Ph.D. Student in Criminal Law & Criminology, Faculty of law and Political Sciences, Ferdowsi University of Mashhad, Mashhad, Iran

Abstract
Among Imamiyyah Faqihs, there are two points of view about the age of Maturity: famed and non-famed. Contrary to popular view, the non-famed view, due to important and undeniable effects of Maturity on the Peoples’ lives, has Avoided from Subjectiveness about Maturity and believes in modification and quantitative development on Criminal Maturity subject. this research, while asking untouched questions about the rational foundations that justifying the non-famed fatwa and the possible effects of its implementation. Also explains the nature of Maturity as, i.e. “Imzaei (affirmatory)” and “Gheyre ta’abodi (non-devotional)”.Moreover, by considering human and international changes and developments try to commentating on consequences of the enforcing aforesaid fatwa(non-famed) In the current society of Iran. This article by relying on rational arguments and referencing the current as well as potential consequences of Maturity in Islamic fiqh and the Islamic Penal Code of 2013 propose the age of “eighteen” as a granted legal presumption.

Keywords

Maturity Criminal Maturity Criminal Responsibility Children Adolescents

Defendant’s Defense Rights: The Right to Remain Silent and Refraining from Self-recrimination in Iran and the People’s Republic of China’s Criminal Justice System

Fateme Fallah Nezhad

1 Ph.D. in Criminal Law and Criminology, Faculty of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran

  Jafar Koosha

 Assosiate Professor, Department of Criminal Law and Criminology , Faculty of Law, Shahid Beheshti University, Tehran Iran

Rajab Ali Goldoust Jouybari

 Assosiate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran Iran

Abstract
One of the foremost defense rights of the accused enshrined in international documents and legal systems of most countries including Iran and the People’s Republic of China is the right to remain silent and the right to refrain from self-recrimination in the face of interrogation by a legal body. And handing evidence of innocence is an example of a fair trial. According to Article 197 of Iran’s Criminal Procedure Law, the right to remain silent has been explicitly acknowledged but there is no legal provision for the right to self-incrimination, and this issue is subject to controversy on the part of lawyers at home. Nonetheless, according to Iranian and Chinese jurists, the observance of these two rights in criminal proceedings is open to discussion in terms of its executive dimensions and there are quite a number of differences between them. But with regard to Iranian lawyers’ view about the purview of applying the right to silence, there are some concerns that should be considered; furthermore, some instances such as investigation and prosecution officials’ lack of responsibility for proclaiming the defendant the right to silence, lack of recognizing the exclusionary rule of evidence and lack of requiring audio and video recording during the course of investigation and envisaging the arrangement of the mechanisms thereof have been less noticed by the legislator. In contrast, whereas the Chinese legislator explicitly pointed out the matters of the right to silence, the prohibition of self-incrimination under duress and the exclusionary rule of evidence, the observance of the rights has been subject to conflict in Chinese criminal proceedings in respect of law enforcement; that is, there are a myriad of notions among them.Hence, this article attempts to investigate in a descriptive and analytical way the obstacles and challenges in implementing these rights in Iran and China’s penal systems.

Keywords

Right to remain Silent Prohibition of Self-recrimination Challenges Fair Trial Iran China

Evaluating Confession in Criminal Matters from The Perspective of Max Weber’s Theory of Rationality

Javad Sadati

 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad , Iran

Abdolreza Javan Jafari Bojnordi 

 Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran

MEYSAM GHOLAMI

 Ph.D. in Criminal Law and Criminology, Faculty of Law and Political Science, Ferdowsi University of Mashhad, Mashhad, Iran

Abstract
One of the most important issues in criminal law is the subject of evidence. Because according to the principle of innocence, punishing individuals requires proving illegal behavior by presenting evidence. Among the arguments, confession has unique characteristics and indicators that play a decisive role in all legal systems in terms of probative power. The importance of the position of confession in the Iranian legislative system is such that it is mentioned with special interpretations such as the Queen of Reasons and Seyyed Al-Binat. For this reason, in addition to the importance of the need for in-depth study, it can be viewed from various scientific and methodological perspectives and evaluated from the perspective of thinkers and theorists. Max Weber’s theory of rationality is one of the sociological theories that has been influential in the field of law and especially legislation. In the present article ، an attempt is made to evaluate confession from the perspective of Max Weber’s theory of rationality using a descriptive-analytical method. The result of this article shows that although manifestations of rationality can be seen in important rules such as assessability and biodegradability of confession in the Iranian legislative system. But in contrast to the legislator’s definition of confession, acceptance of recourse to confession, the need for confession before a judge and multiple confessions in some crimes, in addition to contradicting the two rules, with the indicators of Max Weber’s theory of rationality such as evaluation, comprehensiveness, objectivity and tangibility Confession is not in line either.

Keywords

Rationality Max Weber Islamic Law Confession Legislation

The Social Factors Affecting Domestic Violence Against Women (Case Study in Karaj City)

Zahra Kazemi

 M.A. in Criminal Law and Criminology, Faculty of Law, Theology and Political Sciences, Science and Research Branch, Islamic Azad University, Tehran, Iran

Ghassem Ghassemi

 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran

Abstract
Domestic violence is the most common form of violence against women with the most social, psychological and economic consequences; Therefore, the present study aims to investigate the relationship between spousal abuse (violence against women in the family) and some factors affecting it. The purpose of this study is to identify the extent of spousal abuse and types of violence against women in the city of Karaj. To examine some of the factors affecting violence, theories related to resources, pressure and the theory of patriarchy have been used. This study was conducted as a survey using a questionnaire on 100 women over 18 years of age in Karaj ) married and women in relationship) using cluster sampling.
Findings show that there is violence in the community in different dimensions. The highest rate of common violence is psychological and economic violence and the lowest rate is physical violence.
The results show that there is a direct and significant relationship between female employment and sexual violence and a positive and significant relationship was observed between men’s education and types of violence. The findings also indicate that between the economic status of the family and types of violence There is no significant relationship.

Keywords

Violence Spousal Abuse Education Female Employment Family Income

Evaluating The Concept of Social Class in Critical Criminology: Qualitative Content Analysis of “Platform” Movie

Hamidreza Daneshnari

 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Scinences, Ferdowsi University of Mashhad, Mashhad, Iran

Pouria Khosravi

 M.A. Student in Criminal Law and Criminology, Faculty of Law and Political Scinences, Ferdowsi University of Mashhad, Mashhad, Iran

Fatemeh Jomegi

 M.A. Student in Criminal Law and Criminology, Faculty of Law and Political Scinences, Ferdowsi University of Mashhad, Mashhad, Iran

Abstract
Class, as one of the most important terms in critical criminology, focuses on the political economy of crime in the context of the production process. Class-oriented inequality, as one of the realities of social life, refers to a situation in which the upper class marginalizes, rejects, or ignores the lower class in various spheres. Since critical criminology considers crime as the product of unbalanced economic and social contexts, on the one hand, it examines the relationship between social class, crime and social control, and on the other hand, it seeks to explain the role of class systems in creating criminal environments. For this reason, the present study intends to analyze and critique the crime in the light of the concept of class in the film “Platform” by using the method of qualitative content analysis. The findings of the analysis of the platform film are based on the four axes of the repression of the disadvantaged class by the upper class, the class distance of the cause of crime in the capitalist system, the lack of unity and solidarity between classes and the secret union of victory in the capitalist system. The overall evaluation of the film shows that on the one hand, the director intends to represent social concepts such as class differences, unfair distribution of resources, social justice and human behavior in the context of power relations, and on the other hand, seeks to establish a meaningful relationship between classes and criminal behaviors.

Keywords

Class Social Justice Critical Criminology Platform Class Distance

The Necessity of Maximum Protection of Sexual Victims Under 18 Years of Age and The Challenges Related to it, Emphasizing The Law on The Protection of Children and Adolescents Approved in 1399

Nafiseh Bagheri 

 Ph.D. Student in Criminal Law and Criminology, Faculty of Law Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran

Shadi Azimzadeh

 Assistant Professor, Department of Law, Faculty of Law and Political Science, South Tehran Branch, Islamic Azad University, Tehran, Iran

Nasrin Mehra

 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Mohamadali Mahdavi Sabet

Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran

Abstract
Sexual victims are the most vulnerable victims who, according to their age and gender, need maximum support in orderSexual victims are considered to be the most vulnerable victims who, according to their age and gender, need maximum support and deserve to be compensated for their injuries and their lost security under the shadow of the criminal justice system. While the lack of guarantee of proper criminal execution against the perpetrators of sexual crimes against people under 18 years of age, or the inefficiency and lack of deterrence of these execution guarantees, along with the lack of supervision and the weakness of measures to inform potential victims of this type of dangers, have made children and teenagers more vulnerable, and the way for It makes it easier to hurt them. Ignoring the sexual abuse of children and teenagers not only causes double victimization and repetition of sexual crimes on them, but it is also undeniable that the effect of abuse and the unrepaired injuries caused by it can cause criminal tendencies in the victim and make today’s victim to the criminal. change tomorrow The Law on the Protection of Children and Adolescents approved in 2019 is one of the most important legislative manifestations of Iran’s criminal justice system, which is legislated to protect victims under the age of 18, and the social and criminal mechanisms provided for in it are worthy of consideration, but among the practical challenges of this law, it is possible to He pointed out the precise explanation of the concept of a child, the removal of the concept of emotional abuse, and the imposition of minimum punishments for abusive parents, as well as the imposition of minimum punishments for the crime of extreme sexual abuse. By evaluating the mechanisms and effects of Iran’s criminal justice system against sexual victims under the age of 18, while designing them, protective and restorative programs and measures that have maximum positive effects in an efficient manner; be placed in a pattern of accessible criminal policy.

Keywords

Differential Policy Criminal law Children Sexual Victims Children Protection Law

The Assessment of Impact of Family Economic Status on Sexual Victimization of Children and Adolescents

Sepideh Shahidi 

Ph.D in Criminal law and Criminology, Faculty o Law and political sciences, Chalous Branch, Islamic Azad University, Chalous, Iran

Tahmoores Bashiriyeh 

 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Allameh Tabataba’i University, Tehran, Iran

Seyed Mehdi Saberi 

Associate Professor & Academic Member of Legal Medicine Research Center, Department of Forensic Psychiatry, Legal Medicine Organization, Tehran, Iran

Asghar Abbasi

 Assistant Professor, Department of Criminal Justice and Criminology, Faculty of Law and Political Science, Islamic Azad University, Chalus Branch, Chalus, Iran

Abstract
Background: The main purpose of this study is to investigate the effect of parents’ economic status index as a factor on the sexual abuse of children and adolescents under the age of fifteen among those who refer to four social emergency centers located in Tehran province.
Method: In order to investigate the economic conditions of the families of sexually abused children, the factors related to the economic status were selected using a researcher-made questionnaire and available sampling method, and the relationship between the variables was measured using spss software and statistical tests, and the correlations were analyzed. it placed.
Findings: The results of the analysis of child sexual abuse cases referred to the social emergency indicate that nearly half of the studied sexual victimized children (52.7%) live in bad economic conditions, 35.5% of them have They are average and only 11.8% of them had good economic conditions. The findings of this research confirm that there is a statistically significant relationship between child sexual abuse and the economic status of parents.
Conclusion: The test of hypotheses indicates that many factors, including economic causes and the unemployment status of parents, play a role in the occurrence of child abuse. Statistics show that more than one-third (33.7%) of fathers are unemployed, and the risk of sexual abuse is higher in children whose fathers are unemployed. It is necessary to identify these factors in order to prevent child injury. The results of this research can be used as a useful resource for government agencies such as welfare, non-governmental organizations, parents and teachers.

Keywords

Economic Status Unemployment Sexual Victimization Social Emergency Children and Adolescents

Legislative Criminal Policy in the Light of Cultural Criminology: With a Critical Approach to Examples of Challenges in Iran

Mehrdad Rayejian Asli

 Assistant Professor of the Institute for Research & Development in Humanities (SAMT), Tehran, Iran.

Esmaeil Rahiminejad

 Associate Professor, Department of Criminal Law & Criminology, Faculty of Law and Social Sciences, Tabriz University, Tabriz, Iran.

Reza Razmavar Bonab

 Ph.D. Student in Criminal Law and Criminology, Faculty of Law, Tabriz Branch, Islamic Azad University of Tabriz, Tabriz, Iran

Abstract
Cultural criminology has challenged mainstream criminology with a critical approach emphasizing on the qualitativeCultural criminology has challenged mainstream criminology with a critical approach emphasizing on the qualitative method of study and incorporating the concept of culture into the field of criminological studies. Thus, has influenced on criminal policies of countries throughout the world. Meanwhile, Iranian criminal policy has faced challenges in confront with cultural criminology due to the characteristics of authoritative model of criminal policy as well as security, social and cultural grounds. Such a model, seeks to make all members of society fully homogeneous and integrated in terms of concepts or phenomena such as crime and deviance. The present article, based on a descriptive-analytical method and a theoretical framework relying upon cultural criminology seeks to find out and analyze the relevant challenges of legislative criminal policy from a critical perspective. Accordingly, securitization necessity of reference to cultural norms in criminal policy-making, carnavalization of criminal phenomenon, the gap between dominant culture and informal culture, emergence of new subcultures and new lifestyles in spheres of individual and social life’s are considered as the significant examples of these relevant challenges. With regard to the necessity of categorizing of these challenges into internal and external forms, the diversity and variety of the related examples which are discussed in this paper has been inevitable. For this reason, the authors by adopting a critical approach to certain examples of these challenges, and considering cultural diversity if Iranian society, and the fact that most of crimes have rooted in culture of the society suggest that to tackle the challenges needs to recognizing cultural diversity and pluralism in the process of criminal policy-making. Moreover, any reform within the criminal justice system needs to increasing and synergistic interaction between formal and informal parts of the society.

Keywords

Cultural Criminology Criminal Policy Challenges of Criminal Policy Criminal Justice System Cultural Criminalization

Jurisdiction of the International Criminal Court and Dealing with International Cyber Crimes in the Human Fields of International Law

Ali reza Mohaghegh Harcheghan

 Ph.D. Student in Criminal Law and Criminology, Research Sciences Branch, Islamic Azad University, Tehran, Iran

Mohammad Ali Ardebily 

 Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

ebrahim beigzadeh

 Professor, Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract
International crimes in the human fields have the nature of violating the international standards of human rights and humanitarian rights which the international community is unanimous about them. This violation by ignoring the international standards in the cyberspace will cause a threat to international cyber peace and security. The threat created in the mentioned areas with cyber war crime and cyber crime against humanity will be imaginable. This article, with an analytical-descriptive approach, aims to state that according to Article 7 of the Statute of the International Criminal Court, in case of violation of humanitarian rights, crimes against humanity can be committed in cyber space. Also, according to Article 8 of the aforementioned reference statute, in case of violation of human rights, a war crime will appear in the cyber environment of countries and in the international arena. Finally, considering the existence of individual criminal responsibility inferred from Article 23 of the Statute of the Court, as well as the necessity of impunity for crimes committed in the international law system, it will be possible and possible to deal with crimes committed without any immunity in the International Criminal Court.

Keywords

International Criminal Court Laws of armed conflict Cyber war crime Cyber crime against humanity Individual criminal responsibility

Victimological Approach to Food Insecurity

Mojtaba Jafari 

 Associate Professor of Law, Faculty of Humanities, Semnan University, Semnan

Fatemeh Tabakhian

 MA student in Public Law, Faculty of Humanities, Semnan University, Semnan

Abstract
The victimological approach to food insecurity contains important theoretical and policy-making implications in the field of food security. This approach in the light of the legal concept of crime and the concept of victimization can identify the nature of crimes and threats; Identifying the scope of damages and behaviors that violate food safety that are sometimes not criminalized, the possibility of analyzing and investigating these behaviors; their criminalization; Pursuing the perpetrators as well as providing a better understanding of the characteristics of the victims and protecting their rights. In this article, relying on the descriptive-analytical method and using documentary data from the method of collecting library information, we are looking for that in the light of the human rights and human-centered approach to the category of food security, while conceptualizing the concept of “victim” Viewing food insecurity” to show what theoretical and practical insights the “victimology” approach provides in the field of food insecurity.

Keywords

food insecurity؛ Victimology؛ right to food Human rights Criminalization

The Causality in Environmental Crimes in the Light of Vicarious Criminal Responsibility; Challenges and Approaches.

Sahar Hajibeigi

Ph.D Student in Criminal Law and Criminology, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran

Hasan Aalipour

 Assistant Professor, Department of Criminal law and Criminology, Faculty of Law, College of Farabi, University of Tehran, Gom, Iran Visiting Professor, Department of Criminal law and Criminology, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran

Batul Pakzad

 Assistant Professor, Department of Criminal law and Criminology, Faculty of Humanities, North Tehran Branch, Islamic Azad University, Tehran, Iran

Abstract
The environment is the most prominent concern of human in the 21st century. Environmental challenges and crises are so continuous and pervasive that the intervention of criminal law in this regard is inevitable. Borrowing criminal liability in such a way that the responsibility for the behavior of polluters or those who destroy the environment can be placed on the perpetrators is one of the most important solutions for the development of criminal law intervention in the protection of the environment. Vicarious criminal liability in such a way that the responsibility for the behavior of polluters or those who destroy the environment can be placed on the perpetrators is one of the most important solutions for the development of criminal law intervention in the protection of the environment. However, the main challenge of this article is about the relationship between causality in environmental crimes and the borrowing of criminal responsibility. Environmental crimes have four key features compared to other crimes: extent in terms of the perpetrator, diversity in terms of behavior, dynamics in terms of results and relativity in terms of consequences. These four characteristics directly affect and challenge causality between behavior and outcome.

Keywords

Environmental Crimes Causality Criminal Liability Vicarious Criminal Behavior