Legal Studies in Digital Age

The Role of Artificial Intelligence in Ensuring Fair Criminal Proceedings in Iran: Capacities, Challenges, and Regulatory Requirements

Maryam Reyshahry iD , Amin Amirian Farsani ^* iD , Mehdi Jalilian iD

The expansion of artificial intelligence over the past decade has transformed the structure of many legal and criminal justice systems and has ushered discussions of fair trial guarantees into a new phase. Characteristics such as processing speed, high accuracy, large-scale data analytics, and learning capabilities have led to the deployment of artificial intelligence across all stages of the criminal justice process—from crime detection, preliminary investigations, and evidentiary analysis to case management and even risk assessment for recidivism. Within Iran’s criminal justice system, the Judicial Transformation Document emphasizes the intelligent use of emerging technologies in the service of justice. Despite demonstrable benefits—such as reducing delays in proceedings, minimizing human error, enhancing law enforcement efficiency, improving evidence identification processes, enabling digital forensic medicine, and increasing transparency—the use of artificial intelligence also entails serious risks. These include the potential amplification of racial and socio-economic biases embedded in training data, violations of privacy, the opacity of algorithmic decision-making, the erosion of judicial independence, and threats to the right to a fair trial. Employing a descriptive–analytical method, this study examines the capacities and challenges of artificial intelligence in Iran’s criminal proceedings. Through an analysis of international human rights instruments, such as the European Declaration on Digital Rights and Principles (2022), it argues that harnessing the benefits of artificial intelligence is compatible with the principles of criminal justice only when accompanied by a rigorous framework of oversight, transparency, accountability, and anti-bias safeguards.

The Jurisprudential and Legal Validity of Cryptocurrency Mining and Transfer in the Iranian Legal System

Masoud Esmaili iD , Zahra Tajari Moazzeni ^* iD , Akram Tajik iD

The emergence of cryptocurrencies as a novel phenomenon in the fields of finance and technology has presented legal and jurisprudential systems with numerous challenges. Using a descriptive-analytical method and library-based sources, the present study aims to elucidate the jurisprudential and legal foundations governing cryptocurrency mining and transfer within the Iranian legal system. The findings indicate that, from the perspective of Islamic jurisprudence, cryptocurrencies possess customary proprietary value, provided that the three conditions of property status—recognition and demand among rational persons, rational utility, and relative scarcity—are satisfied; consequently, they fall within the scope of the principle of respect for property. The principles of no harm, the negation of domination, and the prohibition of uncertainty, when applied through an intelligent regulatory approach, do not constitute grounds for the absolute religious prohibition of such activities. Moreover, cryptocurrency mining may be legally and jurisprudentially justified on the basis of a juʿālah contract. From a legal perspective, cryptocurrencies may be classified as “intangible movable property” and “fungible property” and are therefore subject to the general rules of contracts and civil liability. The principal challenges in this field include determining the competent court, identifying the applicable law, and proving ownership. To address these challenges, the adoption of comprehensive legislation, the establishment of a specialized supervisory authority, and the development of international cooperation are recommended. The overall conclusion is that a balanced regulatory approach, rather than an absolute prohibition, can provide an appropriate framework for the legitimate and lawful utilization of the potential of cryptocurrencies in accordance with Islamic values and national interests.

The Role of Legal Uncertainty and Regulatory Gaps in Reducing the Effectiveness of Venture Capital Investment Agreements for Startups in Iran: Practical Challenges and a Proposed Legislative Framework

Amir Hossein Fadakar iD , Ghazaleh Kabirabadi ^* iD , Majid Dehghan Chenari iD

Venture capital, as a driving force of the knowledge-based economy, represents a financing model in which investors assume the substantial risks associated with early-stage startups in exchange for equity ownership and participation in corporate governance. Nevertheless, the effective implementation of venture capital investment agreements within the Iranian legal system faces fundamental legal challenges. The principal issue addressed in this study concerns the extent to which traditional legal rules and regulatory deficiencies undermine the effectiveness of contractual mechanisms such as preferred shares, veto rights, and exit mechanisms thereby increasing transaction costs and contributing to higher rates of contractual failure. This research adopts a descriptive-analytical methodology based on documentary analysis of Iranian statutory law, particularly the Commercial Code and the Civil Code, to examine the inconsistencies between modern venture capital agreements and the existing legislative framework. The identified research gap demonstrates that the Iranian legal literature has predominantly focused on the theoretical dimensions of venture capital agreements while paying insufficient attention to their practical enforceability and the challenges arising before domestic courts. The rationale for selecting this topic lies in the pressing need to enhance judicial certainty for investors and to prevent capital flight from the technology sector. The findings indicate that the absence of formal legal recognition for several key venture capital contractual mechanisms under Iranian commercial law, together with their potential conflict with mandatory legal rules, has significantly weakened the enforceability of venture capital agreements and diminished their effectiveness in dispute resolution. The study further demonstrates that the current legal framework lacks the flexibility required for efficient risk allocation and management within startup financing transactions. Accordingly, it recommends the enactment of a dedicated Venture Capital Act, the establishment of specialized technology arbitration institutions, and the adoption of standardized model agreements approved by competent regulatory authorities in order to enhance legal certainty and strengthen mutual confidence between investors and entrepreneurs.

The Evolution of the Principle of Intergenerational Justice in Light of the Requirements of International Environmental Law from 1972 to 2024

Davood Keramati iD , Armin Amini ^* iD , Fateme Binazade iD

Intergenerational justice, as a concept concerned with the rights and interests of future generations, emphasizes the necessity of responsible use of natural resources and environmental protection. This concept entered international environmental law through the Stockholm Conference of 1972 and, by 2024, had been developed in major instruments such as the Rio Declaration of 1992, the United Nations Framework Convention on Climate Change, the Kyoto Protocol, the Paris Agreement, and the Convention on Biological Diversity. Using a descriptive-analytical research method, this study examines how these instruments, through the establishment of state obligations, legal frameworks, and mechanisms of international cooperation, provide the basis for future generations’ access to minimum standards of living and sustainable natural resources. The findings indicate that the principle of intergenerational justice requires the obligations of international environmental law to regulate development and the exploitation of natural resources in such a way that the rights of future generations are protected and a balance of interests between generations is maintained. Through the creation of state obligations and mechanisms of international cooperation, these instruments have played a role in ensuring minimum environmental standards for future generations. The main contribution of this study is that, by providing a systematic analysis of the historical and legal trajectory of the requirements arising from international environmental instruments between 1972 and 2024, it enables a more precise evaluation of the extent to which these requirements have affected intergenerational justice and offers a theoretical foundation for developing and strengthening the status of this principle in international environmental law. However, practical and empirical evidence shows that, given the soft-law nature of international environmental law, it has not been able to adequately safeguard and protect the principle of intergenerational justice. Moreover, the adoption of a “Comprehensive Convention on Intergenerational Justice” and the international criminalization of “ecocide” in the Statute of the International Criminal Court, or the establishment of a specialized environmental court, are proposed as measures to strengthen the enforceability of this principle.

Designing a Situational Crime Prevention Model for Financial Crimes in Municipalities with Emphasis on Urban Management Capacities

Mohamad Talebi Chari iD , Hosein Miri ^* iD

Financial crimes in municipalities have become one of the most significant challenges facing urban management and local governance due to the substantial volume of financial resources, the complexity of administrative processes, weaknesses in oversight systems, and insufficient transparency. The development of digital technologies and smart urban management systems has created new opportunities to enhance transparency, accountability, and the prevention of administrative corruption. This study aims to design a comprehensive model for the situational prevention of financial crimes in municipalities, with emphasis on urban management capacities and modern supervisory technologies. The study was conducted using a descriptive-analytical method and a comparative examination of the legal systems of Iran, Spain, and the United States. Data were collected through library research, document analysis, and the examination of legal practices. The proposed model was designed on the basis of the institutional, legal, managerial, and technological capacities of municipalities. The findings indicate that inadequate access controls, a lack of transparency in financial processes, the concentration of authority without effective oversight, an inefficient performance evaluation system, and the limited use of smart supervisory systems are the most important situational factors facilitating financial crimes in municipalities. Accordingly, the proposed model was developed around three principal dimensions: “access control and segregation of duties,” “process transparency and public oversight,” and “the implementation of smart systems based on data analytics.” The results demonstrate that the simultaneous utilization of urban management capacities, online reporting systems, and artificial intelligence technologies can significantly enhance the effectiveness of situational strategies for preventing financial crimes.

A Comparative Study of the Criminal Liability of Service-Sharing Platforms for Crimes Committed by Users

Somayeh Ostadi iD , Nafise Jalali ^* iD , Hosein Miri iD

The expansion of service-sharing platforms, such as Snapp, Divar, and Aparat, has facilitated the emergence of novel forms of criminality whose attribution to digital intermediaries poses significant challenges from the perspective of traditional criminal law. This study aims to explain the scope, foundations, and conditions of platforms’ criminal liability for crimes committed by users under the Iranian legal system and to compare them with the corresponding framework in the legal system of England. This qualitative study employed a descriptive-analytical method with a comparative approach. Data were collected through library-based research, including Iranian statutory laws—the Computer Crimes Act of 2009 and the Electronic Commerce Act of 2003—English legislation, including the Communications Act 2003, the Digital Economy Act 2017, and the Online Safety Act 2023, as well as judicial decisions, scholarly articles, and reputable theses published during the past ten years. The data were analyzed using deductive reasoning and qualitative content analysis. The findings indicated that, despite the recognition of the criminal liability of legal persons under the Iranian Islamic Penal Code of 2013, Iranian law lacks a coherent framework governing the criminal liability of platforms. Consequently, courts are compelled to rely on general principles, such as the rule of causation and the theory of negligent supervision. By contrast, English law, through the enactment of the Online Safety Act 2023, has established a comprehensive system based on a “duty of care,” under which platforms are required to conduct regular risk assessments, prevent the dissemination of illegal content, and cooperate with the regulatory authority. Breach of these obligations may result in fines of up to £18 million or 10% of the platform’s worldwide revenue. This study concludes that the Iranian legal system could draw upon the English model while preserving its Islamic jurisprudential foundations, including the rule of causation and the principle of no harm, to establish a “tiered liability” system based on the number of users and the level of risk. It is recommended that the Computer Crimes Act be amended to expressly establish preventive obligations for platforms.

Reconsidering the Traditional Concept of Legal Personality in Light of Developments in Artificial Intelligence

Mansour Amini iD , Sajjad Kalantarzadeh Sadabad ^* iD

The legal status of artificial intelligence remains uncertain, and one of the principal issues surrounding AI concerns whether it can possess legal personality. This question is becoming increasingly significant with the passage of time and the rapid advancement of this technology. Given the continuing development of digital technologies and the increasing autonomy of artificial intelligence systems, autonomous AI may, in the distant future, acquire independent rights and obligations and function as a legal actor alongside natural and legal persons. Certain normative and practical considerations determine how an artificial “other” should be treated as a potential rights-holder. The attribution of legal personality to artificial intelligence remains highly controversial among legal scholars; some support the recognition of AI as a legal person, whereas others oppose it. In any event, the recognition of legal personality for AI requires specific conditions, and not every form of artificial intelligence can acquire legal personality under all circumstances. Legal systems have proposed various approaches to addressing this issue, including the creation of electronic legal personality and the granting of temporary legal personality. This study proposes the recognition of limited legal personality for artificial intelligence.

Assessing the Relationship Between Fundamental Breach of Contract and Breach of Contractual Obligation under the Doctrine of Unity of the Intended Purpose in Iranian Law and the United Nations Convention on Contracts for the International Sale of Goods (CISG)

Negin Zahra Alipour Chamazin ^* iD

Contracts, as the principal instruments for regulating legal relations between persons, are founded on the principles of contractual binding force and the obligation to perform contractual undertakings. Nevertheless, numerous situations arise in practice in which one party refuses to perform its contractual obligations or performs them defectively. Different legal systems provide distinct remedies depending on the seriousness and significance of the breach. In international commercial law, the United Nations Convention on Contracts for the International Sale of Goods, adopted in Vienna in 1980 (CISG), distinguishes ordinary breaches from breaches affecting the continued existence of the contract by introducing the concept of “fundamental breach” in Article 25. Under this approach, the right to avoid the contract arises only when the breach substantially deprives the aggrieved party of the benefits it was entitled to expect under the contract. Although the concept of fundamental breach has not been expressly recognized by the Iranian legislature, certain legal doctrines and remedies—including the doctrine of unity of the intended purpose, the right of termination for breach of a contractual condition, and non-conformity with the essential attributes of the subject matter—perform comparable functions. The doctrine of unity of the intended purpose is based on the premise that the performance of an obligation or the existence of a particular attribute may be so integral to the parties’ motives and contractual objectives that its absence destroys the essential purpose sought through the contract and renders its continuation futile. Employing a descriptive-analytical method and a comparative approach, the present study examines the possibility of establishing a conceptual and functional relationship between fundamental breach under the CISG and breach of contractual obligation where there is unity of the intended purpose under Iranian law. The findings indicate that, although the theoretical foundations of these two legal doctrines differ, the principal criterion in both legal systems is the frustration of the contract’s essential purpose and the deprivation of the obligee of the expected contractual benefit. Accordingly, the doctrine of unity of the intended purpose may be regarded as the Iranian domestic legal institution most closely corresponding to the concept of fundamental breach under the CISG.

Legal Studies in Digital Age

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Material Elements of the Crime of Assault on the State’s Airspace: A Comparative Study

The Effect of the Dissolution of the Principal Contract on Its Dependent Contracts in Imami Jurisprudence and Iranian Law

The Role of the Prosecutor in Preventing Environmental Crimes in West Azerbaijan Province with Regard to Global Standards

Legal Analysis of the Relationship Between Leader and Follower in Social Trading Transactions: Re-reading Traditional Contracts in the Context of Data-Driven Electronic Agreements

Legal Requirements of Good Energy Governance in Iran’s Oil and Gas Contractual Framework

The Role of the Prosecutor in Preventing Environmental Crimes in West Azerbaijan Province with Regard to Global Standards

Comparative Evaluation of the Mental Elements of Crimes Arising from Artificial Intelligence in Imami Jurisprudence and International Criminal Law

The Role of Force Majeure and Hardship in the Termination of Iranian Oil Contracts: An Analysis of Judicial Practice and International Arbitration

A Critical Analysis of Judicial Practice in the Legal Characterization of Juridical Acts by Judges in Iran

Application of Artificial Intelligence in the Assessment and Determination of Punishment Effectiveness (A Comparative Study of Iran and Turkey)

The Nature and Enforceability of Smart Contracts in the Metaverse: A Legal Analysis and Implementation Challenges

Good Governance in International Instruments: A Legal Approach to State Transparency and Accountability

Phenomenology and Criminological Analysis of Financial Crimes Committed by Government Employees with Emphasis on Determinants, Patterns, and Consequences in Iran and Afghanistan

Implementation Challenges of the Law on the Reduction of Taʿzir Imprisonment within the Judicial System

The Role of Religion in Shaping Patterns of Criminalization and Decriminalization in Islamic Criminal Justice Systems: A Comparative Study of Iran and Afghanistan

Reflection of the Rule of Constructive Destruction (Talaf Ḥukmī) with Respect to Immovable Property in the Law on the Mandatory Official Registration of Immovable Property Transactions

Examining the Interaction and Conflict Between Foreign Investment Arbitration and the Principle of State Sovereignty

Jurisprudential–Legal Analysis of the Child’s Right to Visitation with Relatives

Examining the Jurisprudential Grounds of Pre-Trial Detention with a Comparative Approach in Iranian and French Law

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