Conflict Between Penal Populism and Decriminalization in Iran’s Criminal Justice System
The policy of decriminalization has been embraced within the Iranian criminal justice system, and it is assumed that under such circumstances, this policy should be uniformly reflected across criminal laws. However, in certain cases, contradictory and opposing approaches by the legislature can be observed. On one hand, the legislator aims to moderate punishments; on the other hand, a completely different orientation supports punitive and severity-based policies. Under such circumstances, the ordinary living space of citizens turns into a penalized environment, leading to the marginalization of justice-centered approaches and the dominance of security-driven and punitive tendencies in the realm of criminal law. Given the significance of this issue, the present article adopts a descriptive-analytical and library-based methodology to examine the contradiction between penal populism and decriminalization policies in Iran's criminal justice system. According to the conducted analysis, it can be stated that the new legislative period (beginning in 2013) may be referred to as a period of expanded decriminalization policies. Nevertheless, from a policy depth perspective, within both general and specific laws, signs of tension between penal populism and decriminalization—or a lack of confidence in the new regulatory frameworks—persist. Examples of this contradiction can be found in several statutes, including the Law on the Protection of Promoters of Virtue and Preventers of Vice (2015), the Plan for Intensifying the Fight Against Violent Crimes (2011), the Law on Combating the Financing of Terrorism (2015), the Law on the Punishment of Persons Involved in Unauthorized Audiovisual Activities (2007), and the Islamic Penal Code (2013). A notable manifestation of penal populism is particularly evident in the Islamic Penal Code (2013), which reveals a strong inclination toward the use of severe punishments. Therefore, it is imperative for the legislator to address and rectify the contradiction between penal populism and decriminalization by undertaking the necessary legal reforms aligned with the overarching national policy of adopting minimal penal intervention.
The Role of Artificial Intelligence in the Judicial Process
Artificial intelligence (AI) technology has introduced significant transformations in the field of law and judicial procedures. Intelligent legal systems, utilizing machine learning and natural language processing, can enhance both the speed and accuracy of judicial processes. However, the adoption of this technology presents legal challenges such as the protection of privacy, the risk of bias, and ambiguities in accountability. In recent years, researchers and policymakers have become increasingly aware of the potential disruptive effects of AI on court operations and judicial decision-making. Although AI systems are currently employed to a limited extent in courts, debates persist regarding the future of this technology in judicial decision-making. Designing an automated court or an AI judge requires consideration of societal expectations, as well as the necessary skills and resources. Fundamental principles such as fairness, impartiality, and efficiency must be integrated into the design of new judicial systems in order to maintain public trust. AI has the potential to expand access to justice, render judicial decisions based on logical evidence through data analysis, and prevent discriminatory outcomes. Additionally, this technology may enhance transparency and public trust while increasing the efficiency and accuracy of case adjudication. This article adopts a descriptive-analytical approach, relying on library-based sources, to explore the role of AI in the judicial process. It aims to elucidate the applications of AI within this domain and to identify both its strengths and weaknesses.
The Future of the Robot Judge in Iran’s Judicial System: From Imagination to Legal Reality
The rapid growth of emerging technologies, particularly artificial intelligence, has brought concepts such as the "robot judge" from the realm of imagination into the domain of serious scientific and legal discourse. The idea of replacing or complementing human judges with robots—aimed at increasing the speed, accuracy, and impartiality of judicial proceedings—has attracted the attention of many legal systems around the world. Simultaneously, this transformation raises profound legal, ethical, and cultural challenges, especially in systems based on Islamic law and traditional judicial principles. In this context, examining the feasibility of implementing a robot judge within Iran’s judicial system—founded on the principles of fair trial, human dignity, and jurisprudential foundations—seems to be an inevitable necessity. The objective of this study is to analyze the legal, jurisprudential, and practical dimensions of incorporating a robot judge into the Iranian adjudicative process, while exploring the potential opportunities and threats posed by this technology. The central research question of the article is: "Given the legal framework, the requirements of fair trial, and the jurisprudential foundations present in Iran, to what extent is the realization of a robot judge feasible and justifiable?" The research method employed in this article is descriptive–analytical, utilizing library sources and a comparative review of the experiences of select countries in implementing artificial intelligence within their judicial systems. The findings of this study indicate that although AI-based tools used to assist judicial decision-making or predict judicial outcomes may be beneficial and justifiable in certain areas, the complete replacement of a human judge with a robot judge faces serious legal and jurisprudential barriers due to the necessity of exercising reason, fairness, ethical responsibility, and attention to human dignity. Under the current conditions of Iran’s judicial system, such replacement lacks full legal legitimacy.
A study on the Intellectual Property Challenges of AI-Based Algorithms in International Law
The contribution of this paper is that it seeks to answer several legal challenges facing the intellectual property rights of products in which artificial intelligence plays a minimal or maximal role in their creation. First, if artificial intelligence can improve the underlying algorithm of the program with methods (such as machine learning methods, which will be discussed later) or if the programmer with the help of artificial intelligence can improve the underlying algorithm of the program, can artificial intelligence be granted a patent and does it include the rights of inventors? What challenges will not taking into account the role of artificial intelligence in the case of a role in the invention create? Then, it is examined whether the underlying algorithm of the program can be protected in the laws of developed countries according to copyright laws and what legal solutions, if possible, have been proposed in international law for this challenge so far? Results showed that supervised, semi-supervised, and reinforcement algorithms can be covered by copyright protection in legal systems if human creativity is observed in their algorithms and their choices completely change the model.
A Critical-Analytical Approach to the Criminalization of Bribery in the Private Sector
The criminalization of bribery in the private sector constitutes one of the major challenges in modern legal systems. This issue is accompanied by complexities in terms of definition, scope, and enforcement of the law, which necessitates a thorough and critical analysis. In this regard, various approaches exist to examine the subject, including the evaluation of theoretical foundations, comparison with other legal systems, and analysis of its practical consequences. Bribery, as one of the most prominent manifestations of financial corruption, has always posed a serious threat to the economic and social health of societies. While this phenomenon has often been addressed and criminalized in the public sector, it also results in widespread negative consequences within the private sector, such as the erosion of public trust, the weakening of fair competition, and the degradation of transparency principles in the market. However, current Iranian laws have thus far failed to comprehensively criminalize bribery in the private sector. Although some legal provisions contain limited references to this issue, such regulations do not adequately address the complexity and breadth of the existing problems. On the other hand, international instruments such as the United Nations Convention against Corruption (UNCAC), which Iran has ratified, emphasize the necessity of criminalizing bribery at all levels, including within the private sector. Furthermore, Islamic jurisprudential and legal foundations, drawing upon principles such as the prohibition of unjust enrichment (ḥurma al-akl bi-l-bāṭil) and the maxim al-taʿzīr li-kull ḥarām (discretionary punishment for every unlawful act), stress the imperative to combat this phenomenon in all its forms. The 2022 Draft Penal Code on Discretionary Punishments (Lāyeḥe Taʿzīrāt 1401) represents a positive step toward addressing this legal gap, but it still contains deficiencies and ambiguities that require revision and supplementation. This article adopts a critical-analytical approach to examine the necessity of criminalizing bribery in the private sector, its jurisprudential and legal foundations, and the legislative challenges involved. Additionally, it reviews the experiences of select countries and relevant international standards to offer recommendations for improving and completing the legal approaches to this issue.
The Use of Artificial Intelligence Technology in Preventing Female Delinquency: A Novel Approach to Situational Crime Prevention
In recent years, artificial intelligence (AI) has garnered significant attention as an effective tool across various domains of criminal sciences, particularly in crime prevention. This article adopts a descriptive-analytical approach to examine the role of AI in the prevention of female delinquency. Given the distinct characteristics of the female offender population and the social, economic, and psychological factors influencing their criminal behavior, the present study seeks to explore the potential of modern technologies—particularly machine learning, big data analytics, and predictive algorithms—in the early identification of high-risk behaviors, crime prediction, and timely intervention. Situational prevention of female delinquency through the application of AI technology represents an innovative and targeted approach in criminal policy-making. By focusing on three core areas, it demonstrates considerable effectiveness in reducing delinquent behaviors. First, by increasing the effort and risk associated with committing crimes—through the use of predictive crime algorithms, intelligent offender profiling systems, and recidivism pattern analysis—it becomes more difficult for women to engage in criminal activities. Second, the reduction of the benefits associated with delinquency is achieved through tools such as geographic analysis, crime mapping, and surveillance robots, which restrict immediate access to criminogenic settings. Finally, the elimination of excuses for criminal behavior is addressed through regulatory reforms, precise rule-setting, and the facilitation of norm enforcement via intelligent systems and machine learning processes.
Examining Legal Termination (Ipso Facto Dissolution) in the Iraqi Legal System in Comparison with the CISG
This study investigates the concept of ipso facto (automatic) termination of contracts within the Iraqi legal system in comparison with the United Nations Convention on Contracts for the International Sale of Goods (CISG). Contract termination, as one of the primary mechanisms for ending contractual obligations, holds particular significance in contract law and may occur under various statutory or contractual conditions. The objective of this research is to conduct a comparative analysis of the principles and foundations of contract termination across three different legal systems and to evaluate their legal compatibility and alignment. The methodology of this study is primarily analytical and comparative, involving a detailed review of legal texts, judicial precedents, and scholarly articles concerning the dissolution of contracts under Iraqi law as well as the provisions of the CISG. Findings reveal that both the Iraqi legal system and the CISG serve as legal frameworks governing commercial relations; however, there are notable similarities and differences between them in terms of legal processes and requirements. The Iraqi legal system is largely influenced by codified civil law derived from the Majalla (Ottoman Code) and Islamic legal traditions, whereas the CISG is an international convention specifically designed to facilitate cross-border trade and addresses commercial issues irrespective of national legal systems. Ultimately, a comparative assessment of contract termination in the Iraqi legal system and the CISG highlights the need for a flexible and adaptive legal framework in international commercial transactions. Each of these systems reflects distinct legal perspectives on termination, shaped by the unique cultural and social contexts in which they operate.
The Impact and Role of Information Technology in Money Laundering
Today, the remarkable transformation in the global monetary and banking system, resulting from the information and communication technology (ICT) revolution, has had profound effects on the social and economic lives of individuals. At the same time, it has posed new challenges to the current anti-money laundering regulations. Access to electronic banking and internet networks has created a suitable safe haven for money laundering activities. In contemporary times, the discourse on organized crimes—both national and transnational—has entered a new phase, where efforts are increasingly directed at preventing the emergence of criminal organizations and confronting them decisively through various means. Autonomous approaches, namely preventing the entry of illicit revenues into national and international financial systems, have long been on the agenda of national and international policymakers. Unfortunately, this has led to the emergence of a new criminal trend known as money laundering, compelling responsible authorities to address it proactively. However, the radical transformation of the global monetary and banking system, brought about by the advent of electronic money and banking, has challenged the existing anti-money laundering regulations, making comprehensive revisions of such measures necessary. This research seeks to answer the question: What impact does electronic banking have on the money laundering process? Based on the hypothesis that electronic banking facilitates the commission of money laundering offenses and introduces new methods for committing such crimes, the study examines e-commerce and banking, along with the characteristics of each. It proposes techniques for electronic money laundering, explores both common and novel methods, and compares traditional money laundering processes with modern ones. In this context, the recommendations of the Financial Action Task Force (FATF) regarding the fight against electronic money laundering are also presented. The conclusion drawn is that information and communication technology, when provided in an insecure environment, can expand and develop money laundering, as well as facilitate and diversify its methods. Therefore, this issue must be taken into serious consideration in the formulation of economic, financial, and criminal policies.
Current Issue
Articles
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A Critical-Analytical Approach to the Criminalization of Bribery in the Private Sector
Ehsan Saleh ; Ali Mazidi Sharafabadi * ; Amir Mohammad Sedighian , Ali Zare Mehrgardi , MohammadReza Rahmat169-174 -
Comparative Analysis of Criminal Sanctions for Violations of Privacy in Iran and Iraq
Mohammad Ali Abdulhasan Yassin ; Zainab Pourkhaqan Shahrezaee * ; Ayad Abdul Hamzah Baawi , Mohammad Sharif Shahi63-80 -
The Impact of International Legal Standards on Fair Trial in the Criminal Legal Systems of Iran and Iraq
Ali Abbas Sabah Al- Kariti , Zainab Pourkhaqan Shahrezaee * , Abdali Mohamamd Swadi , Mohammad Sharif Shahi135-147
