"Adl va Ensaf" Comparative Law Researches Quarterly

Abstract Compliance with the minimum guarantees of a fair trial is a human right. Therefore, the judicial system must provide the necessary measures to respect the rights of the accused and prevent their limitation, and provide the necessary facilities to the accused so that he can be acquitted of wrongful accusations if he is innocent. A person who is accused and violated against the principle of innocence, has the right to defend himself against this violation and accusation by using his human rights, because defense is a natural right in every respect. Defendant's defense rights are one of the most important topics of human rights and have been given serious attention in numerous human rights documents. so that limiting the defense rights of the accused is seen as a guarantee of executions; An issue that has been neglected to some extent in the internal documents of our country and in the Criminal Procedure Law of 2012 in order to reduce the limitation of the defense rights of the accused. The current research has been written with descriptive-analytical method and using library-documentary sources.

Abstract Clinical criminology is one of the branches of the great science of criminology that, by having a solution and application of tools such as personality profiles, leniency institutions, amnesty, the principle of judicial separation, etc. to control the dangerous state and criminal capacity of criminals in order to prevent them from committing or repeating crimes, has a worthy and significant effect on reducing the costs of criminal justice. The findings of the research showed that clinical criminology, like a doctor, seeks to reform, treat, and prevent the criminal from repeating crimes by examining them from many angles. Therefore, the dangerous state of the individual must be recognized and subjected to criminological and social measures; in this case, the implementation of punishment or criminological and social measures can eliminate the risk of committing a crime and reduce the cost of crime. This article is descriptive in nature and describes and defines topics such as clinical criminology, criminal policy and the costs resulting from its implementation, and the impact of clinical criminological findings on the commission of crimes in order to determine the path forward. The results of the research showed that clinical criminology, by applying its special models and methods, provides significant assistance to criminal policymakers in preventing the repetition or commission of crimes, reforming offenders, and reintegrating them into society, and ultimately reducing the costs of criminal justice.

Abstract The differential nature of proceedings of legal entities is interpreted along with the objectives and strategic principles of criminal proceedings. According to the crimes and criminal liability of legal entities, the procedure for handling their crimes is raised, and one of its topics is the differentiation of the crimes of legal entities. The differentiation of proceedings has different dimensions and goals. In addition to completing the general regulations of the criminal procedure and fixing the inadequacies, this model of the criminal procedure has other goals such as circuit security and intensifying punishments in some specific crimes, paying attention to the structure of legal entities, supporting the personality of individuals in the criminal process and effectively dealing with forms and It follows new ways of committing crime. Iran's legal system can also be completed and upgraded based on the findings of comparative studies, as presented in the laws of England and other progressive countries, according to the time and place requirements, and take examples from new institutions and mechanisms. The results of the research showed that the discovery and handling of charges against legal entities in the criminal law of Iran and England is done according to a special procedure so that the facts of this category are taken into account throughout the criminal process. The current research uses the descriptive-analytical method; which has been used to collect information using the library and document method.

Abstract Today, international institutions and procedures are fully aware of the fact that in order to prevent the spread and development of the phenomenon of terrorism, the best way is to pay attention to the financial resources of terrorism. After the incident of September 11, 2001, the world community has always considered controlling the financial resources of terrorism as a combined strategy, along with the political, military and legal models of countering terrorism. Among the organizations that focused on the financing of terrorism after these incidents, was the Financial Action Task Force. Prevention of the crime of financing terrorism requires criminological studies to identify the causes of the crime and the criminological characteristics of the crime of financing terrorism. Iran's criminal policy with the enactment of the Law to Combat Terrorism Financing, somehow joined the international community, the most important of which was the Financial Action Task Force, in the fight against terrorism financing. The current research is descriptive-analytical from the point of view of its nature and method and after expressing the concepts, it deals with the statement of preventive measures emanating from the recommendations of the special group and its reflection in the legislative criminal policy of Iran and seeks to answer the question that the preventive criminal policy of Iran How close is it to the recommendations of the Financial Action Task Force? By studying the Anti-Terrorism Financing Law and its regulations, we find out that the Anti-Terrorism Financing Law is affected by the special group's standards.

Abstract The structure of every society consists of people with different character, dialect, religions and cultures, people form families together, and forming a family requires the marriage of a man and a woman. One of the important and fundamental issues of marriage is age and the presence of physical and mental status, sexual ability and understanding of the concept of marriage for both parties. Marriage at a young age, which is called child marriage in the term, in such marriages, the harm caused mostly affects girls, but its consequences make a breach in the bodies of families and societies. Today, with scientific and communication advances, the age of marriage has undergone fundamental changes, as in some areas it has reached a lower than reasonable limit and in some areas it has reached its maximum, and even the desire to marry has decreased drastically. In the current research, some of these cases have been examined descriptively. The research method of the present study is descriptive according to its title and nature. The research method of the present study is descriptive according to its title and nature. Qualitative research is probably one of the most widely used methods of studying children, marriage, and marriage age-related problems for girls. The data of this research was obtained through books and articles. In this research, the effects of marriage time have been investigated based on jurisprudential and customary criteria, as well as Iran's legal system and the perspective of human rights.

Abstract Social necessities and the increasing role of legal entities in social transformations, as well as possessing sources of risk and widespread involvement in committing various economic, industrial, environmental crimes, etc., made their acceptance of criminal responsibility inevitable. The findings of the article showed that the criminal system of Iran in 1392 accepted the criminal responsibility of legal entities not as an exception, but as a rule; In the criminal system of Egypt, the criminal liability of legal entities has been accepted and implemented since 1945. Also, the legislator of Iran in 1386 and the legislator of Egypt in 2002 (1381) have provided criminal measures to prevent and fight against money laundering by legal entities. The conclusion of the research showed that money laundering is one of the most important issues of criminal law in Iran and Egypt and can have devastating effects on the economy of each of the two countries. In the field of combating money laundering in Iran's laws, an attempt has been made to respond to it by amending the anti-money laundering law in 2017; And on the other hand, the primary goals of developing anti-money laundering legal systems in the two legal systems of Iran and Egypt are different from each other.

Abstract از ویژگی های فردی تاثیر گذار بر تعیین کیفر تعزیری جنسیت می‌باشد که قانونگذار هم در تعیین عنوان مجرمانه و هم در شیوه ی اجرای مجازات به آن توجه نشان داده است. بخشی که پژوهش حاضر با روش توصیفی- تحلیلی به بررسی آن پرداخته ولی در بندهای ماده ی ۱۸ قانون مجازات اسلامی مورد توجه قرار نگرفته است، جنسیت بزهکار و بزه دیده می‌باشد. نتایج این تحقیق نشان می‌دهد که جنسیت در اصول رهنمود محور (ماده ی ۱۸ ق.م.ا) هیچ جایگاهی نداشته و امتیازی برای زنان بزهکار و بره دیده محسوب نمی گردد. درحالی که توجه قانونگذار به نقش جنسیت از این حیث می‌تواند واجد اثر باشد که قضات را در صدور آرائی متناسب با جنسیت بزهکاران و بزه دیدگان زن مکلف دارد. چرا که با توجه به بندهای ماده ی ۱۸ بنظر می‌رسد اعمال تاسیسات ارفاقی که در مسیر حرکت در راستای اصول رهنمود محور می‌باشد نسبت به بزهکاران جنس مؤنث می تواند الزامی گردد.

Abstract Background and purpose: This study was conducted with the aim of providing a practical model for preventing sexual abuse of children and adolescents in Iran.
Method: The present study is classified as cross-sectional research from the perspective of the applied research audience, from the perspective of the exploratory goal, and from the time dimension, which was conducted through a mixed (qualitative and quantitative) approach. The data were collected in the qualitative part of the research synthesis and in the quantitative part through a researcher-made questionnaire. To analyze the data obtained from the questionnaire, chi-square test and Fisher's exact test were used using SPSS version 18 software.
Findings: The results of the research synthesis showed that the factors affecting the sexual victimization of children and adolescents can be divided into eight social, economic, gender, family, demographic, media, psychological and biological factors. Also, the results of the investigation of 22 sexually abused children and 43 sexual offenders in Ardabil showed that the mentioned factors are effective on the delinquency of children and adolescents in Ardabil (P<0.05).
Conclusion: Overall, the results of this study showed that the developed model is based on theoretical and practical principles.

Abstract treason in the word means" deceit "and in Islam it Means sin and it entered the religion of Islam influenc of signature decrees, The crime of betrayal, in the United States and Canada has been adapted from the "Act of 25 Edward III", approved by 1351 UK. The elements of "betrayal, in the United States and Canada legal system, are levying war against them "and adhering to their enemies, and Commiting a crim against the kings physical integrity. the common denominator of jurisprudential and the American and canada legal system is the condemnation of treason and its distinction the wide scope of treason in jurisprudential compared to the legal system of the American and canada. In this article, from the comparison, it has been found that blaming treason in jurisprudential and considering it as a sin, compared to the criminalization of adultery in the common Law legal system(USA and Canada), has a time precedence of nearly eight hundred years. The purpose of the current research is to compare treason in "jurisprudence" and American and Canada legal system using an analytical and descriptive method,, and it has been tried as much as possible, while critically examining the elements that constitute the crime. the effectiveness of the common Law (American and Canada) in the category of "betrayal" from "jurisprudential matters" and its instrumental and political use in the American society should be depicted

Abstract Citizens' participation is not a new concept, but it has become much more important during recent decades, due to the occurrence of violations such as administrative corruption crimes. In general, citizens have not only the right but also the duty to participate in decisions that affect their general welfare. This participation, while being a moderator of the ruling power, helps to deal more appropriately with cases of administrative corruption. The main question that the author sought to answer in this descriptive-analytical research is what are the differences between the national and international bases of people's participation in the prevention of administrative corruption with an emphasis on Conflict of Interests? The results of the present research indicate that there are differences between the domestic and international anti-Conflict of Interests frameworks, such as the lack of criminalization of Conflict of Interests in the private sector, as well as the lack of provision for the mechanism of international judicial assistance in the field of Conflict of Interests , lack of It is worth mentioning the detailed explanation of whistle-blowing regulations regarding the fight against Conflict of Interests in Iran's internal law, in contrast to the regional to international nature of anti-Conflict of Interests rights and the lack of guarantee of effective implementation at the international level to fight Conflict of Interests .

Abstract Risk management of the medical violations and negligence is one the important issues in the field of providing medical services. Although solution management of negligence that amount to physical injuries, loss of benefit or death of patients is necessary for full compensation of patient’s damages, but applying criminal penalties to the person whose fault has led to quasi intentional crimes does not lead to efficient management of the risk of medical errors recurrence. Therefore, in addition to solution management of deficiencies, prevention management and recognition of effective factors in the incident of medical staff’s errors and providing practical methods to prevent them is very important.
In this article we tried to explain the most common causes of treatment staff’s criminal medical negligence by using the existing approaches in preventive criminology and provide appropriate solutions in order to prevent the occurrence of these failures. Among these solutions are: Providing legal incentive regarding reducing the amount of punishment for those who have expressed their mistakes which will lead to the creation of an error reporting system, Providing free medical services by the guilty person with the condition of reducing the period of providing free services if no fault is committed during that period, establishing an independent inspection unit in each hospital which provides the possibility of reporting and informing about the dissatisfaction of the patients.

Abstract The basic procedure, which is based on the supremacy of the constitution over other laws and the necessity of preserving the basic freedom of citizens against government interventions, is based on the delegation of affairs to political, judicial, administrative and even judicial institutions in different rights. Institutions Institutions Systems This research, which was conducted with a descriptive-analytical approach, the main question of the research is what are the differences and similarities of the basic legal system in Iran, America and Germany? In addition to similarities, such as the rule prohibiting the employment of members of basic judicial institutions in other areas, including the structure and organization of these institutions, the annulment of their decisions, the need to publish them in the official newspaper, there are also important differences. . The results of the present research are as follows: Other powers of law enforcement should be delegated to the Trustee Council by the Constitution. . To be extended. Thirdly, the decisions and opinions of the Guardian Council are only substantive in this case and are not in the form of a temporary order like the US Constitutional Court in the field of issuing cases. In this article, the basics of the three basic procedures and pathology of the Guardian Council in Iran were discussed and analyzed, and a solution was presented.

Abstract Childhood marriage is a sinister and unfortunate phenomenon that on the one hand deprives the child of the taste of the sweet taste of childhood and on the other hand creates the ground for numerous social and personal harms. In addition to adverse individual and social effects, the spouse child can cause various family crimes; Honor killings, sexual abuse, etc., on the basis of which it is necessary for the legislator to take action to resolve this crisis. In our country's law as well as in international procedures, several measures have been taken to eradicate this ominous phenomenon; Moreover, the measures taken so far have not been able to bring the desired result and according to the statistics of the Statistics Center of Iran, the number of child marriages per year is recorded in Iran. Attempts have been made to describe the depth of the crisis and ultimately to provide a solution for the adoption of the desired policy in this regard