https://jol.guilan.ac.ir/ Criminal Law Research en daily 1 Sat, 22 Nov 2025 00:00:00 +0330 Sat, 22 Nov 2025 00:00:00 +0330 https://jol.guilan.ac.ir/article_9045.html The role of IT commercial platforms in changing lifestyles is undeniable. Considering the crimes committed space of these platforms, their influence on Iran's criminal policy is undeniable. However, it seems that the current criminal policy of Iran is not efficient in dealing with the crimes committed by them. This article deals with the descriptive-analytical method to answer these questions, what are the necessities and requirements of criminal policy-making regarding the criminal activities of IT commercial platforms? The increasing power, speed of growth and speculation of platforms, threats to the power and ideology of governments by them, and the emergence of new crimes in platforms are among the reasons for the necessity; and predicting the policy-making legal entity, redefining some concepts of traditional criminal law, setting up crime prevention mechanisms and responding to it in platforms are considered to be the requirements of efficient criminal policy in this regard. https://jol.guilan.ac.ir/article_8898.html This research adopts a victimological approach to analyze the impact of gender-based violence in the Al Hassan case, examining the dimensions of gender victimization and the challenges of international justice. It emphasizes the integration of credible evidence with gender-sensitive approaches, strengthening criminal justice, and providing psychological, social, and economic support to victims. The Al Hassan case has provided an opportunity to develop policies and tools to combat gender-based violence and rehabilitate victims. This study, employing a theoretical approach and analyzing case data and scholarly articles, seeks to answer the primary question: "How can comprehensive and effective justice be ensured for victims of gender-based violence in cases such as Al Hassan?" Findings indicate that forced marriages and repeated assaults in this case have caused not only psychological and physical harm but also the collapse of social and cultural structures in Timbuktu (a city in Mali). From a victimological perspective, gender-based violence served as a tool for oppression and dominance, leading to consequences such as social isolation, stigmatization, and a decline in trust in justice systems. https://jol.guilan.ac.ir/article_8998.html Today, in the context of criminal law, the victim holds a special position, and various measures have been taken to protect them, ranging from expressing legal views to enacting laws. Legal entities have their own victims, depending on the type of activity and sometimes the criminal behavior they engage in. The legislator, by providing Article 691 of the Criminal Procedure Code, has foreseen the possibility of issuing a demand order against the property of legal entities to create financial restrictions and secure the claim and guarantee the rights of the victim. It seems that issuing this order against some legal entities, such as municipalities and state legal entities, has faced serious obstacles and, for various reasons, including the rule of some substantive laws and the impossibility of seizing the property of public law legal entities, the legislative objectives in this regard cannot be achieved in a desirable manner. In this study, the process of issuing and implementing a demand order against various types of legal entities is examined using a descriptive-analytical method and library resources, and the challenges related to the implementation of this order will be expressed by providing solutions https://jol.guilan.ac.ir/article_8895.html In the upcoming article, we will compare the status of criminal law system of Iran and the penal code of Germany regarding diminished criminal responsibility due to Non-Psychotic Disorders, with a descriptive analytical method. “Diminished criminal responsibility” is a type of responsibility which is in the middle of full criminal responsibility and lack of criminal responsibility, and it is applied in cases where non-psychotic disorders lead to impairment of perception and control power of the criminal as well. German legislator (in the form of article 21th of the German penal code) pays full attention to the issue of diminished Criminal Responsibility due to non-psychotic disorders. The criminal codes after the Islamic revolution of Iran, including the Islamic penal code of 1392, in comparison with the criminal codes before the Islamic revolution, have had a regressive course in the issue of diminished criminal responsibility. Anticipating the diminished criminal responsibility in the case of criminals with non-psychotic disorders in Ta’azirat punishments and thinking about solutions regarding the punishments of Hodoud and Qisas should be followed seriously. https://jol.guilan.ac.ir/article_9105.html Article 91 of the Islamic Penal Code, in line with attention to the psychological characteristics of juveniles and avoiding strict criminal responsibility in crimes punishable by Hadd and Qisas, has introduced a valuable legal provision. However, referring the punishment in Article 91 to the legal provisions of Chapter 10 of the Islamic Penal Code—when one of the conditions mentioned in this article is met—has created ambiguity and led to inconsistent judicial practices. In judicial practice, not only are there different and sometimes conflicting interpretations regarding the determination of maturity , but the impossibility of applying Hadd and Qisas punishments in accordance with Articles 88 and 89 of the Islamic Penal Code is also challenging. The lack of clear criteria for determining maturity and sentencing has resulted in the violation of juveniles' rights in some cases, which contradicts the original purpose of this article. This study, using an analytical-descriptive method and relying on judicial rulings collected from Tehran courts, examines the prevailing judicial approach regarding the determination of maturity and sentencing under Article 91. https://jol.guilan.ac.ir/article_8697.html The country's prisons are facing overcrowding challenges,with one of the factors contributing to recidivism being the lack of job opportunities for former inmates,leading them back into crime.Prison institutions play a significant role in enhancing the skills and personal development of inmates through economic empowerment programs;however,these programs have not always been effective in increasing entrepreneurial intentions.The main hypothesis of this study suggests that high entrepreneurial spirit is inversely related to recidivism rates.Data were collected through random sampling from556inmates convicted of theft and fraud in Tehran’s central prison and analyzed using the Shapiro-Wilk test,ANOVA,and Pearson correlation coefficient.The results indicate that education,age,marital status,and financial literacy have a positive and significant relationship with entrepreneurial spirit,which,in turn,is associated with reduced recidivism.Furthermore,fraud offenders exhibit higher entrepreneurial spirit than thieves.Finally,it is recommended that business training programs be implemented for inmates nearing release and recently released ex-convicts to increase their chances of self-employment and reduce recidivism. https://jol.guilan.ac.ir/article_8975.html Psychological approaches to crime in cinema as a manifestation of popular criminology have always been among the purest and most important approaches. movies, with their ability to depict the simultaneous functioning of several psychological factors effective in committing a crime, play an important and influential role in introducing and developing psychological approaches to crime. With a reflection on Iranian cinema in recent decades, it seems that psychological theories of crime are gaining strength in public discourse, especially cinema. The Spider, with a psychological-criminological reading of the serial murders of the famous killer named Saeed Hanaei, reflects Hermanning's criminal triad theory and thereby contributes to the development of popular criminology. This research, with the general theoretical framework of popular criminology and focusing on the film Spider from the cinematic semiotics method, shows how psychological theories of crime in Iranian cinema are emerging with new interpretations and are also compatible with existing theories in academic discourse. This research also shows that Spider presents its own criminological theory for other crimes, from robbery to prostitution, and depicts the strain theory. https://jol.guilan.ac.ir/article_8900.html The issue of women entangled with ideological factors, complicating efforts to address their unique challenges. The discourse shifts within the regulatory bodies have resulted in significant changes to criminalization approaches and responses to women's issues. This evolution is evident in the decade-long progression of the bill aimed at protecting women from harm and promoting their security against abuse. Employing an analytical and descriptive methodology, the current study aims to investigate the developmental progression of this bill, shedding light on the evolution of regulatory mechanisms for women's criminal protection. The amendments to the bill reflect a fundamental shift of focus from women as the central subject of protection to prioritizing the institution of the family. This shift, coupled with a minimalist approach to criminal law intervention in family matters, has resulted in the removal of many protections initially proposed for women’s physical and moral integrity within the family and society. https://jol.guilan.ac.ir/article_9054.html One form of criminal responsibility in international crimes is superior responsibility, which includes both military and civilian officials. With the indictments against high-ranking military and civilian officials in the cases of Ukraine and Palestine by the International Criminal Court, based on Articles 25 or 28 of the Rome Statute, the question arises: under what conditions can a superior be held criminally responsible under Article 28, despite the various forms of responsibility established in Article 25? This article, using a descriptive-analytical method, examines the statute and case law of international criminal courts and concludes that superior responsibility in the strict sense is limited to cases where the superior fails to properly fulfill their duty to control their subordinates. As a result, due to their omission and subject to the lack of proof of other forms of responsibility specified in Article 25, they will be recognized as having international criminal responsibility. https://jol.guilan.ac.ir/article_9130.html In addition to regulating the relations of individuals with each other, the criminal procedure is responsible for organizing the relations of the state with its subordinate institutions, on the one hand, and controlling excessive power, based on wisdom, prudence, tact and rationality, on the other. Despite significant mechanisms such as judicial and citizen supervision, the prediction of civil and criminal responsibilities, etc., which the criminal procedure laws have foreseen to control the power-seeking of governments, especially the agents of the criminal justice system; however, flashes of the phenomenon of abuse of the criminal procedure are always observed. A process that is responsible for implementing the rules and regulations of the criminal procedure in an integrated, coherent and organized manner so that the real goals of justice, which are the establishment of order, security, equality, transparency, etc., can emerge. https://jol.guilan.ac.ir/article_8984.html Criminalization based on social values leads to gaining the public's trust in the laws and their creators and their creators and leads to obedience to those laws. The fundamental question, however, is how does the mechanism of such criminalization influence the process of trust formation and crime control? In this regard, findings from the field of psychology can be insightful. One of the proposed theories in psychology is Choice Theory. This study, using a descriptive-analytical method, concludes that the aforementioned theory can explain the formation of behavior and the factors involved in it. By illustrating how the legislator and criminal law enter the quality world of citizens through attention to the images in this world, a relationship based on trust and compliance between the legislator and its audience can be established. This could serve as the theoretical foundation for the hypothesis that crime can be reduced through criminalization based on social values, thereby strengthening the trust of the law's audience. https://jol.guilan.ac.ir/article_8897.html The Islamic Penal Code of 1392 has broadened the scope of the crime of rape. Note 2 of Article 224 equates sexual intercourse with a woman who is unconscious, asleep, or intoxicated, intercourse with an underage girl through deception, and intercourse following abduction or threat with rape. This study, informed by psychological findings and comparative legal frameworks, analyzes the comprehensiveness of this Note in addressing situations equivalent to rape. Library-based research reveals that the listed situations do not encompass all forms of non-consensual sexual intercourse. Consequently, a revision of the Note is necessary to include all instances where consent is absent. Such an amendment would enhance protections for victims of sexual crimes while aligning with Islamic legal principles. https://jol.guilan.ac.ir/article_9011.html Imprisonment, in addition to being a legal phenomenon, is also a social and cultural phenomenon. Therefore, to fully understand its transformations, it is essential to go beyond purely legal frameworks. The neoclassical approach in the sociology of culture, with an emphasis on the symbolic aspect of punishment, views imprisonment as a social institution and a symbol of cultural transformations in contemporary Iran. According to this cognitive framework, the changes that have occurred over different periods in the realm of penal systems reflect deep shifts in the underlying and hidden layers of society’s culture. This study aims to analyze, using the methods of the sociology of culture and focusing on the neoclassical approach, the reasons behind the fluctuations in attention to the punishment of imprisonment in contemporary Iran, from a century ago to the present. It will also examine and analyze the social and cultural factors influencing these changes. Ultimately, this research shows that cultural and social transformations in society have a direct impact on the meanings of imprisonment as a symbolic form. In this regard, imprisonment, as an official punishment during the Pahlavi political system, has gradually undergone semantic changes and has been revisited and reassessed at different periods. https://jol.guilan.ac.ir/article_9157.html Whether the principle of innocence is read from the perspective of a phenomenon or a noumenon will have different effects on the interpretation of criminal law. In jurisprudence and Iranian law, the principle of innocence is mostly a practical principle that is used in cases where doubt arises about the existence or lack of a duty. But if we look at the principle of innocence from the perspective of the noumenon, it is based not on duty but on human freedom. Noumenon innocence does not allow the interpreter to expand the legal provision that has been criminalized, and cannot develop exceptions using subjective criteria in interpreting criminalized regulations. In the present study, using a qualitative method, the hypothesis that looking at the principle of innocence from the perspective of a noumenon has different interpretative effects than the practical principle of innocence has been strengthened. https://jol.guilan.ac.ir/article_9158.html The media has the right to cover criminal incidents in light of the principle of freedom of expression. The consequence of this coverage is the public's judgment of the case, which, under the influence of media indoctrination—outside the judicial process and regardless of the presence or absence of sufficient and credible evidence against the accused—proceeds to try and convict the accused.The present research was conducted using a descriptive-analytical method, utilizing library resources and a critique and analysis of legal materials and notable cases. Its goal is to identify a mechanism that protects the defendant's right to a fair trial while guaranteeing the media's right to freedom of expression.The research findings show that a fair trial is an absolute and inviolable right that should be preferred to the public's right to information; therefore, it is proposed to amend Articles 96 and 352 of the Criminal Procedure Code and determine legal mechanisms that restrict media freedom in the realm of legal and judicial issues, and in parallel, organize the publication of judicial news by the spokesperson for the judiciary. https://jol.guilan.ac.ir/article_9164.html The emergence and expansion of the metaverse has ushered criminal activity, especially economic crime, into a new phase. The unknown nature of the metaverse provide an ideal space for criminals to conceal their true identities behind avatars and, through the informal economy and the widespread use of virtual currencies, conduct their transactions outside the reach of legal oversight. In fact, this space allows offenders to move and settle large illicit amounts of money. Therefore, identifying the criminal potential of the metaverse and striving to regulate its various aspects in order to prevent crime actively and consciously is essential.This paper, written using a descriptive-analytical method and drawing from comparative and international sources, particularly the FATF document, is divided into two sections. The first part addresses the challenges in the metaverse and its potential for money laundering, while the second part, based on the FATF guidelines, provides recommendations for preventing money laundering.The findings of the research indicate the lack of necessary and essential regulations for proper governance in this area, such that the application of outdated regulations, which have not been updated to match technological developments, has led to ambiguity. This highlights the necessity of proactive policymaking and regulation in this domain. https://jol.guilan.ac.ir/article_9165.html The foundation of restorative justice is the principle of “freedom as non-domination”. This principle, apart from certain republican requirements, is based on the idea of “negative liberty”, which is a product of modern natural rights. Therefore, the realization of restorative justice necessitates conditions where the concept of natural rights is firmly established as incompatible with transcendent (divine) interpretation of the good. Consequently, adopting a “compatibilist” stance that emphasizes similarities between restorative justice and certain mechanisms found in non-liberal regimes does not seem justified. Strengthening restorative justice within Iran’s criminal justice system, especially in light of the increasing modernization in Iranian society, requires a reevaluation and alignment of lawmakers with the implications of freedom as the most crucial foundation of restorative justice. Thus, understanding the modernist foundations of restorative justice and acknowledging the existential realities of Iranian society are essential for bridging the inconsistencies in legal and judicial discourse towards a criminal system that aligns with objective transformations. https://jol.guilan.ac.ir/article_9230.html Empirical research indicates that traditional judicial approaches to child abuse cases are ineffective, often resulting in child separation, high recidivism rates, and an increasing caseload. This study aims to evaluate judicial responses to child abuse by addicted parents from the perspective of problem-solving principles. Data were collected through content analysis of 25 case files, in-depth interviews with 25 judicial and welfare practitioners, and semi-participant observation of seven court sessions. Findings reveal significant potential for adopting a problem-solving approach within Iran’s legal system. These capacities are evident in existing court laws and procedures, reflecting legislators’ growing willingness to incorporate therapeutic dimensions into the justice process. To fully realize this approach, the study highlights the need for judicial training, legal reforms, reduction of bureaucratic rigidity (statism), and strengthened collaboration between the judiciary and partner institutions such as social welfare organizations.Keywords: Child abuse, addicted parents, problem-solving approach, treatment-oriented court, judicial policies https://jol.guilan.ac.ir/article_9334.html Jurisdiction over aircraft-related crimes is one of the challenging subjects at both international and domestic levels and it raises the question of which rules it follows. The importance of the subject gets bold, especially in the case of committing a crime by drones, because usually, the criminal and the state of registration are not obvious. The current research analyzes regulations using descriptive-analytical methods, specifically those outlined in the Tokyo Convention, which establishes the jurisdiction of the state of registration, as well as the Hague and Montreal Conventions, which establish universal jurisdiction and the jurisdiction of the lessee's country. Additionally, it examines personal jurisdiction in the Beijing Convention and in domestic law, as outlined in regulations such as the Civil Aviation Law. However, in addition to the essential of reset one perfect regulation internationally, it is suggested that, because of some lacks in regulations and the importance of solving them, Iran join the Beijing Convention and its protocol 2010 as the latest universal intention about jurisdiction over aircraft-related crimes. https://jol.guilan.ac.ir/article_9349.html This study aims to examine the impact of intra-organizational variables on the level of deviant behaviors leading to criminality among conscripted soldiers. Deviant behaviors is one of the major challenges in military environments. Factors such as the behavior of commanding officers, the relationships with fellow soldiers, and the quality of welfare and healthcare services can influence these behaviors. This research employed a descriptive-survey design, and data were collected using a questionnaire. The statistical population included Iranian Conscripted Basic Military Trainees. A sample of 541 soldiers was selected through a cluster random sampling method. Findings indicate a significant and inverse relationship between the level of soldier misconduct and three variables: the behavior of commanding officers, the quality of interactions with fellow soldiers, and the availability of welfare services. However, no significant relationship was found between healthcare services and the level of misconduct among soldiers. https://jol.guilan.ac.ir/article_9350.html Marital rape,from the perspectives of criminal law and criminology,is a multifaceted and complex phenomenon that requires a simultaneous examination from jurisprudential(Fiqhi),legal,and social viewpoints.From a social standpoint,women are often coerced into unwanted sexual acts within maritalrelations without their free consent—a reality whose nature is in no way justifiable by the marital bond.On the other hand,the jurisprudential doctrines of both Imamiyyah and Sunni criminal jurisprudence regard maritalrape as aclear instance of inflicting harm(Iza'aGhayr)and a forbidden(Haram)act.Using a comparative and analytical approach,this study identifies the main obstacles to criminalizing maritalrape in Iran as the lack of a specific criminal definition,traditional interpretations,and the absence of appropriate criminal sanctions.Implementation challenges—such as the difficulty of proving the offense,deep-rooted cultural barriers,and the lack of unified judicial procedures—arealso among the limiting factors in confronting this phenomenon.The research emphasizes the necessity of a fundamental revision in Iran's criminal policy,grounded in both jurisprudential teachings and human rights principles. https://jol.guilan.ac.ir/article_9354.html Compulsory hijab and criminal penalties have sparked protests by women’s‑rights advocates in Iran and increased scrutiny from human‑rights bodies. This study analyzes the tension between religious and legal obligations to wear hijab and the right to privacy, and examines the criminalization of non‑compliance. Using a descriptive‑analytical method to review relevant texts, the research finds that international human‑rights norms permit restricting privacy rights in public when limitations are lawful, necessary, and proportionate. Nonetheless, while criminalizing some instances of non‑observance may be justifiable in limited circumstances, imposing criminal sanctions at the outset has lost social legitimacy. Early punitive measures often fail to respect certain jurisprudential and human‑rights principles and are disproportionate to public sentiment, undermining their legitimacy and effectiveness. The study concludes that criminal punishment, as initially applied, is unlikely to secure women’s compliance and recommends reconsidering punitive approaches in favor of more proportionate, rights‑respecting measures and emphasizing education and dialogue instead. https://jol.guilan.ac.ir/article_9364.html Bioterrorism, as a threat to global security and public health, can be employed as a political tool to instill fear and destabilize societies. Consequently, traditional security- and reaction-based approaches are insufficient, necessitating proactive measures and comprehensive, multidimensional strategies. Among these, proactive prevention approaches—particularly those targeting individuals, communities, and environments—play a critical role in reducing the risks associated with bioterrorism. Accordingly, this paper employs a descriptive-analytical method, grounded in criminological frameworks and international documents, to examine the role and significance of developmental, community-based, and situational preventive strategies in countering bioterrorism. It also addresses the challenges and limitations of these approaches and explores their application in reducing individuals’ likelihood of engaging in bioterrorist acts. Establishment of robust public health systems, deployment of early detection mechanisms for biological agents, strengthening border security, and the formulation and updating of emergency response plans are among the most important preventive measures in combating bioterrorism. https://jol.guilan.ac.ir/article_9374.html Terrorist crimes on virtual platforms have become a serious threat to security. In this context, the use of artificial intelligence (AI) to identify and address these threats has become a key priority in the field of security. This technology plays an important role in identifying suspicious patterns and analyzing data, but it faces challenges such as privacy protection and accuracy in detection, which require responsible and balanced governance to overcome. Additionally, there are significant gaps in the legal frameworks and oversight mechanisms for AI governance, which need fundamental reforms. These gaps include the misalignment of laws with the rapid pace of technological advancement and the lack of legal frameworks for international cooperation. Therefore, the development of new laws in areas such as human rights, privacy protection, algorithmic transparency, and international collaboration is essential for effectively combating terrorist crimes, ensuring the appropriate use of AI, and safeguarding individual user rights. https://jol.guilan.ac.ir/article_9399.html Gender-based violence, particularly against women, remains a serious and growing concern in the field of international human rights. Despite various global and regional initiatives, the absence of a comprehensive and effective legally binding instrument is still strongly felt. This study, through a descriptive-analytical method and a review of recent developments, comparatively examines two major approaches to drafting a new instrument: the adoption of an independent convention or the addition of a protocol to existing treaties. The article further analyzes the shortcomings of current legal frameworks, including conceptual, substantive, and enforcement challenges, and explores the existing legal capacities within the international system to address them. The findings indicate that a combined approach may strengthen state obligations, improve monitoring mechanisms, and enhance the overall effectiveness of international efforts to combat violence against women. Finally, the study offers recommendations aimed at making simultaneous use of current instruments while paving the way for drafting a future comprehensive treaty https://jol.guilan.ac.ir/article_9425.html In recent years, autonomous weapons systems, especially military drones, have played an increasing role in armed conflicts. This article, using a descriptive and analytical approach, seeks to address the following questions: How can attacks carried out by autonomous weapons in general—and loitering munitions (LMs) in Lebanon in particular—be legally analyzed in light of potential violations of the principles of distinction, proportionality, and precaution? What capacities does international criminal law offer for ensuring accountability in cases involving the unlawful use of autonomous weapons? The case study of Lebanon demonstrates that in certain instances, the use of drones has been accompanied by violations of the principles of distinction, proportionality, and precaution, thereby paving the way for the commission of war crimes. The absence of real-time human oversight and the difficulty in identifying direct responsibility pose fundamental challenges to legal accountability. https://jol.guilan.ac.ir/article_9447.html In principle, preliminary investigations and judicial orders in this regard are written, which have various foundations such as the transparency of the order, the clarity of the duty of the bailiff, and the ability to rely on the issuer of the order. However, Article 34 of the Criminal Procedure Code has prescribed the issuance of an oral order by the judicial authority to bailiffs in specific cases and circumstances and as an exception. Considering that the above-mentioned article allows the issuance of verbal orders only in urgent and necessary cases, the present article tries to find the answer to the question of what is the scope, conditions and manner of documenting this order in a descriptive-analytical way and by using library tools. What are the problems and challenges faced by the issuing authority and the executing officer and what are the solutions for them. https://jol.guilan.ac.ir/article_9448.html Personality profiling of violent and deceptive offenders is crucial, as these offenses indicate an offender's dangerousness. However, the personality differences between these groups remain unclear. The present study was conducted to comparatively examine the personality traits of these groups. This descriptive study uses a causal-comparative approach on a sample of 177 prisoners (91 violent and 86 deceptive offenders) at Tabriz Prison. Data were collected using the NEO Five-Factor Inventory (NEO-FFI), and analyzed through multivariate analysis of variance and logistic regression. The findings revealed that violent offenders scored significantly higher on "Neuroticism", whereas deceptive offenders had higher mean scores for "Conscientiousness," "Extraversion," "Openness to Experience," and "Agreeableness" (p < 0.05). Additionally, "Neuroticism" and "Conscientiousness" predicted the type of crime with an accuracy of %72.3. These findings indicate the existence of distinct personality profiles in these offender groups and their applicability in crime prevention and rehabilitation programs. https://jol.guilan.ac.ir/article_9460.html Paralysis of body organs is among the types of physical injuries addressed in the Islamic Penal Code, both within the general rules of *Diyyah* (blood money) and the specific provisions concerning individual organs. However, the legislator has primarily focused on complete paralysis, while only determining the amount of *Diyyah* for partial paralysis without clarifying its related legal consequences. Using a descriptive–analytical method and library-based data, this study examines the jurisprudential basis for calculating *Diyyah* in cases involving partially paralyzed organs. The findings indicate that if the jurisprudential approach is based on “Arsh,” the paralyzed organ is treated as sound, and any subsequent injury is compensated according to the full *Diyyah* of a healthy organ. Conversely, if the “Relative Fixed Diyyah” view is adopted, other injuries are calculated proportionally. Considering Islamic jurisprudence, the principle of proportionality, and criminal justice, the latter view provides greater coherence and legislative efficiency, warranting reconsideration of Article 564 of the Penal Code. https://jol.guilan.ac.ir/article_9482.html Every legal system is based on norms called "principles or rules" and ordinary laws or the issuance of judicial decisions must be based on them. Legal order, like natural order, is established when all norms are logically related to each other and there is no conflict between them. The issue of this research is the relationship of legal rule with higher or parallel rules and minor rulings and its place in the jurisprudence and criminal law system. The scope of validity of the rule must also be determined: absolute validity or lack of validity or limited validity. The conclusion of the article, which was conducted qualitatively and in a descriptive-analytical manner, is that the provisions of the "Dara" rule in some cases are not in line with other norms and changes must be made to form an appropriate legal system. https://jol.guilan.ac.ir/article_9483.html In recent years, both in Iran and in other Islamic countries, judicial practice has moved towards including worship as a form of punishment. Despite its rarity, this initially raises several challenges, which this article examines from the perspective of Imami and popular jurisprudence in a descriptive-analytical manner based on library studies. In summary, it can be said that the dominant approach in these two areas of jurisprudence is the possibility of ta'zir through worship, but several considerations must be observed, including "prohibition of excommunication from religion", "non-disparagement of crime", "non-infringement of the rights of the aggrieved", "sentencing heavy punishments in the absence of deterrence and failure to achieve the goal of ta'zir", and "proportion between punishment through worship and the nature of the crime". https://jol.guilan.ac.ir/article_9484.html Accountability of public officials and citizens for committed offenses constitutes a fundamental pillar of democratic legal systems. Deprivation of social and political rights as a special sanction serves as a key instrument for ensuring such accountability. In European jurisdictions, beyond conventional criminal and administrative penalties such as imprisonment and fines, specialized sanctions are provided, including disqualification from public office, ineligibility to stand for election, deprivation of the right to vote, and permanent or temporary bans from re-entering electoral processes. These measures—applied to both administrative functions (day-to-day executive duties) and sovereign functions (high-level political decision-making)—pursue primarily preventive and democracy-protecting objectives. In contrast, the Iranian legal system predominantly relies on criminal and administrative sanctions such as disqualification from public service and ineligibility for candidacy, with a primary focus on offenses related to administrative functions. Offenses arising from the exercise of sovereign authority receive significantly less attention and lack specific sanctions. Employing a descriptive-analytical methodology, this study conducts a comparative examination of the Iranian legal framework and leading European systems. Findings indicate that adopting certain European models—temporary deprivation of electoral rights, independent oversight mechanisms, and a clearer distinction between administrative and criminal sanctions—could substantially enhance political accountability within Iran’s governance structure. https://jol.guilan.ac.ir/article_9594.html Critiquing the institutional approach that views punishment merely as a legal-juridical mechanism, this study redefines punishment as a painful, imposed lived experience. Utilizing a conceptual-analytical method grounded in phenomenological and normative analysis, the research examines the nexus between suffering and punishment and its implications for criminal justice. By challenging objectivist and institutional theories, the findings demonstrate that suffering constitutes the substantive core of punishment; without the subject’s personal experience, punishment is reduced to a formal abstraction. The distinction between institutional severity and actual severity reveals that the formal equality of judicial sentences does not equate to parity in the experience of suffering. Consequently, the study concludes that criminal justice necessitates an experience-oriented approach, the individualization of sanctions, and the systematic reduction of unnecessary suffering to achieve genuine equity.