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.

Challenges of Attributing Criminal Responsibility for Artificial Intelligence in Hybrid Warfare: An International Humanitarian Law Perspective

Arash Arbabi iD , Maryam Afshari ^* iD

The increasing integration of artificial intelligence into hybrid warfare has created significant challenges for the attribution of criminal responsibility under international humanitarian law and international criminal law. Autonomous and semi-autonomous systems can participate in surveillance, target identification, operational planning, and lethal decision-making, while their technical complexity may weaken the traditional connection between human intention and harmful outcomes. This study examines the legal difficulties arising from the use of artificial intelligence in hybrid warfare, particularly the accountability gap created when an autonomous system produces conduct amounting to a serious violation of international humanitarian law without an immediately identifiable human perpetrator possessing the required mental element. The study adopts a descriptive-analytical and comparative legal approach and focuses on the relationship between operational autonomy, mens rea, command responsibility, individual participation, and state responsibility. The analysis demonstrates that artificial intelligence cannot presently be regarded as an independent bearer of criminal responsibility because it lacks human-like intention, knowledge, free will, moral understanding, and the capacity to experience punishment. Accordingly, technological autonomy should not be equated with criminal or moral agency. The study argues that responsibility should instead be reconstructed through a hierarchical human-centered model. At the operational level, military commanders remain responsible for lawful deployment, supervision, and meaningful human control. At the technical level, programmers, developers, and manufacturers may incur responsibility where their intentional or legally culpable contribution satisfies the relevant legal requirements. At the sovereign level, states remain responsible for the deployment and consequences of military artificial intelligence attributable to them. The study further emphasizes the importance of meaningful human control, algorithmic auditability, traceability, weapons review, preservation of operational records, and mechanisms for compensation. It concludes that artificial intelligence should remain legally classified as an instrument of warfare rather than an autonomous criminal subject and that international law should prevent technological complexity from becoming a mechanism for avoiding human accountability.

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.

Smart Constitutional Oversight of Laws and Regulations in the Context of Modern Governance

Abolfazl Navaei iD , Khairollah Parvin ^* iD , Mehdi Shabannia Mansour iD

This study aimed to identify and explain the constitutional foundations, intelligent mechanisms, accountability safeguards, institutional requirements, and implementation conditions necessary for developing smart oversight of laws and regulations within the framework of modern governance. This study employed an exploratory qualitative design. The study population consisted of experts in constitutional law, public law, administrative law, legislation and regulation, digital governance, artificial intelligence, and legal technologies working in Tehran. Using purposive sampling with maximum variation, 18 participants were selected based on relevant academic or professional expertise and at least five years of related experience. Data were collected through in-depth semi-structured interviews and continued until conceptual saturation was achieved. Interviews were transcribed verbatim and analyzed using qualitative thematic content analysis through iterative coding, constant comparison, category development, and abstraction of overarching themes. Credibility, dependability, confirmability, and transferability were strengthened through member checking, systematic documentation of coding decisions, peer consultation, and continuous comparison between raw data and emerging themes. Analysis of the interviews yielded 126 focused codes, 33 subthemes, and five overarching themes. The findings indicated that smart constitutional oversight requires constitutional legitimacy and normative conformity, including constitutional supremacy, protection of fundamental rights, equality, legality, institutional competence, separation of powers, proportionality, and procedural fairness. Intelligent oversight was further characterized by semantic constitutional screening, automated detection of conflicts and obsolete regulations, rights-risk identification, and continuous regulatory monitoring. Participants emphasized that algorithmic outputs must remain explainable, traceable, contestable, and subject to mandatory human validation. Institutional interoperability, standardized legal metadata, multidisciplinary governance, explicit legal authorization, reliable data, cybersecurity, algorithmic auditing, professional training, and phased implementation were identified as essential conditions for effective implementation.

The Role of the Principle of the Rule of Law and Access to Justice in Electronic Administrative Proceedings

Bita Hassanzadeh iD , Vali Rostami ^* iD , Ahmad Momeni Rad iD

The principle of the rule of law and the principle of access to justice, as fundamental pillars of governance under law, have consistently occupied a central position in legal systems. In the contemporary era, with the emergence and expansion of information and communication technologies, the concept of access to justice has evolved toward “electronic justice” (e-justice) and has acquired even greater significance in specialized proceedings, such as electronic administrative proceedings. Adopting a descriptive-analytical approach, the present study addresses the question: What is the role of the principle of the rule of law and access to justice in electronic administrative proceedings? The central function of these principles in electronic administrative proceedings is to ensure that technology serves as an instrument for the more effective administration of justice in accordance with the law. For electronic administrative proceedings to succeed, regulatory authorities must ensure that the rule of law is upheld through guarantees of cybersecurity, algorithmic transparency, and the full protection of procedural and defense rights in the digital environment. Access to justice must also be guaranteed by providing alternative mechanisms for individuals who lack digital access and by designing simple, inclusive, and user-friendly interfaces. Ultimately, electronic proceedings can be considered successful only when they preserve the speed and efficiency afforded by modern technologies while providing the same level of fairness and legal safeguards expected in traditional proceedings. At the same time, the electronic transformation of administrative proceedings and the intelligent automation of procedural processes face legal, operational, technological, and security-related challenges. By removing barriers to digitalization, challenges associated with facilitating users’ access to adjudicative services, ensuring technological security, and improving technical expertise concerning digital infrastructure can be addressed. In advancing judicial justice, this process can reduce undue delays in proceedings, accelerate judicial adjudication, and lower the costs incurred by applicants and other users of administrative adjudicatory bodies.

Applications of Artificial Intelligence During the Election Conduct Phase with an Emphasis on Iran’s Electoral System

Davoud Mohebbi iD , Ali Amiri ^* iD

The development of artificial intelligence-based technologies has created new opportunities to manage and oversee the electoral process. During the Election Conduct Phase, from the start of voting to the counting and aggregation of results, is one of the most important parts of the electoral process because it directly affects the health, integrity, and validity of the votes. At this stage, artificial intelligence can improve the efficiency, speed, and integrity of the election process by predicting participation rates, optimally allocating ballot boxes, ballots, and human resources, managing unforeseen crises, monitoring vote-counting, analyzing election data, and identifying statistical anomalies. However, this technology faces challenges such as algorithmic error, bias in resource allocation, privacy violations, threats to vote confidentiality, lack of algorithmic transparency, data security risks, and the complexity of Legal responsibility arising from errors in intelligent systems. This study examines Applications of Artificial Intelligence During the Election Conduct Phase with an Emphasis on Iran’s electoral system, using a descriptive-analytical method and library resources. Research findings show that artificial intelligence can play an effective role in promoting the health and efficiency of elections by optimizing the management of electoral resources and creating new capacities for monitoring and detecting anomalies; however, the legitimate and responsible use of this technology requires adherence to the principles of transparency, impartiality, accountability, human oversight, protection of personal data, and ensuring the confidentiality of votes. Therefore, Iran must use artificial intelligence during the Election Conduct Phase within a legal and institutional framework that leverages technological capabilities while protecting citizens' electoral rights and the integrity of the voting process.

Challenges in Determining the Law Applicable to Digital Assets in International Succession: With Emphasis on the Laws of Iran, the European Union, France, and the United States

Nabiallah Rasoli Doghaheh iD , Nejadali Almasi ^* iD , Peyman Boloori iD

The proliferation of digital assets, including cryptocurrencies, non-fungible tokens (NFTs), social media accounts, and cloud-stored data, has challenged traditional concepts of succession law. Classical succession rules, which are primarily designed for tangible property, lose much of their effectiveness when applied to the cross-border and intangible characteristics of digital assets. This article aims to propose a framework for resolving conflicts of laws in digital succession through a comparative approach. The study employs a descriptive-analytical method and comparatively examines the legal systems of Iran, the European Union, France, and the United States. The findings demonstrate that the mechanical application of a single law in this field is not feasible. By distinguishing the “right to inherit” from the “right of access,” the proposed six-layer framework establishes a balance among the heirs’ property rights, the deceased’s privacy, and platforms’ technical requirements. By presenting a legislative proposal for Iranian law, this article takes a step toward aligning succession rules with the exigencies of the digital age.

Analysis and Explanation of Legal Liabilities Arising from Climate Change-Related Damage

Davood Malekpour Jarghooyeh iD , Pouria Razi ^* iD , Jamshid Asgar Ramaki iD

Climate change, by increasing the severity or likelihood of certain hazards, including floods, droughts, coastal erosion, and water stress, challenges traditional assumptions in private law concerning the stability of property, the foreseeability of harm, and the direct attribution of damage. This article examines the relationship among climate-related hazards, property security, and civil liability within the framework of Iranian law. The study employs a descriptive–analytical method and a library-based research approach. The findings indicate that the impacts of climate change are not limited to the physical destruction of property; reductions in the economic value of property, restrictions on the ability to use and benefit from property, changes in riverbeds and coastlines, forced population displacement, and government-imposed conservation restrictions may also give rise to property disputes. In the field of civil liability, the multiplicity of human and natural contributing factors, the temporal gap between pollutant emissions and the occurrence of damage, and the probabilistic nature of attribution science make it difficult to establish a causal relationship. Nevertheless, evidentiary difficulties should not result in the automatic immunity of actors who create or contribute to risk or in the disregard of the losses suffered by affected parties. The article proposes that existing legal rules be supplemented by transparent risk-assessment criteria, access to scientific data, appropriate judicial presumptions, allocation of liability based on each party’s effective contribution to the creation of risk, and collective compensation mechanisms. At the same time, restrictions on property rights for environmental reasons should be lawful, necessary, proportionate, and accompanied by access to effective remedies. The article concludes that an appropriate legal response lies neither in the unrestricted absolutization of property rights nor in the unlimited prioritization of the public interest; rather, it requires a reasoned balance among legal certainty, ecological protection, compensation for damage, and intergenerational justice.

Legal Studies in Digital Age

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Personality Traits of Judges and Their Locus of Control in Issuing Judgments in Morality-Related Offenses

New Trends in Iranian Criminal Law and Judicial Practice Concerning Crimes Contrary to Public Morality

The Role of Artificial Intelligence in Enhancing the Performance of Judicial Officers

Comparison of Regional Models of Cooperation in Combating Cyberterrorism

Artificial Intelligence and the Criminal Justice System: An Analysis of Liabilities and Consequences

Analysis and Examination of the Consequences of Unilateral Exploitation of Shared Oil and Gas Fields in Light of International Law

Examining the Legal and Procedural Challenges of Bankruptcy Litigation in Iran in Light of Modern Standards of English Insolvency Law

Inefficiency of the Social System and Cognitive Dissonance in Cultural Policy-Making

Insurance of Space Activities in the Era of Satellite Constellations

Investigating Contractual Obligations in Islamic Jurisprudence and Iranian Law with a Case Study of the Application of Artificial Intelligence in Contracts

The Evolution of the International Criminal Court’s Jurisprudence on the Criminalization of the Destruction of Cultural Property: A Comparative Study of the Al Mahdi and Ntaganda Judgments

The Status of Registration Inquiries in the Legal Systems of Iran and England: From Identifying Property Violations to Guaranteeing Legal Ownership

Examining the Role of the Principle of Equity in Resolving Contractual Disputes in the Legal Systems of Iran and England

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