https://www.pzhfars.ir/ Fares Law Research en daily 1 Fri, 22 May 2026 00:00:00 +0330 Fri, 22 May 2026 00:00:00 +0330 https://www.pzhfars.ir/article_235507.html The military use of forced marriage has played an important role in preserving this phenomenon up to the modern era. With the growing sensitivity of the international community toward violations of the right to marriage and the efforts of human rights institutions and states to criminalize and punish perpetrators, international and domestic courts have more actively supported victims’ rights. Among these courts, the practice of the International Criminal Court is significant because forced marriage is not listed among the crimes under its jurisdiction; however, the Court has presumed its jurisdiction to adjudicate and render judgment on this matter. The main question of this research is what difference exists between forced marriage and sexual slavery, and assuming that forced marriage can be regarded as an independent crime, on what reasoning has the Court presumed jurisdiction over this offense not written in the Rome Statute? Using a descriptive-analytical method and international judicial precedents, the authors seek a well-founded answer. The findings emphasize that forced marriage is a distinct crime from sexual slavery, the commission of which on a widespread or organized scale and with knowledge against civilians constitutes a crime against humanity, and accordingly, the International Criminal Court has jurisdiction under Article 5 and subparagraph (k) of Article 7 of the Rome Statute. https://www.pzhfars.ir/article_242070.html Technological advancements in the field of artificial intelligence have led to significant transformations in criminal processes and penal policymaking, especially in the stage of imprisonment enforcement. The integration of AI into the criminal justice system particularly in the execution of prison sentences promises not only enhanced efficiency and procedural acceleration but also improvements in prisoners' rights, rehabilitation effectiveness, and reduction of prison populations. This study aims to analyze the technical and legal capacities of employing AI in the execution of imprisonment, focusing on its impacts on traditional judicial structures, modern prison functionalities, ethical and legal requirements, and the rehabilitative potential of AI-based systems. First, the paper explores how AI transforms judicial processes such as data-driven court orders, automated case management, and predictive analysis of criminal records. Second, it investigates the role of intelligent systems in prison management, including risk assessment, behavioral monitoring, and implementation of electronic surveillance. Ethical and legal concerns such as privacy protection, algorithmic transparency, and institutional accountability are also discussed. Furthermore, AI’s role in enhancing prisoner rehabilitation is examined through personalized psychological, behavioral, and educational programs. Finally, a comparative legal analysis highlights the implementation of AI in prison systems in jurisdictions such as the United States, the Netherlands, and China. The findings suggest that purposeful and responsible use of AI can transform the execution of imprisonment into a more humane, effective, and justice-oriented process. https://www.pzhfars.ir/article_242087.html The purpose of this study is to prevent financial corruption in the banking system. Cases where criminal law is related to banking crimes and violations can be examined in two categories: the system for preventing banking crimes and violations and the criminal system for criminals and violations. Banking corporate governance is a set of relationships between supervisory institutions, shareholders, managers and auditors of the bank, which involves establishing a control system in order to observe the rights of minority shareholders and properly implement the resolutions of the assembly and prevent possible abuses. These regulations, which are based on a specific legal system and social responsibility, are a set of duties and responsibilities that must be accepted by the bank's organs in order to ensure accountability and transparency. The results of this study, which was conducted using a descriptive-analytical method, indicate that the country's legal system, except in a few cases, has a fundamental gap in terms of specific banking crimes and the provision of a specific criminal system for their punishment; So that most of the recorded banking crimes are general financial crimes that can occur in the banking context. Strengthening the governance of the banking company and the country's recorded system of laws and regulations on banking crimes and violations is essential. https://www.pzhfars.ir/article_242429.html Divorce is a matter that arises from the failure of marriage and cohabitation. This matter has been accepted and approved by both the religion of Islam and the laws of the country. However, both in the laws of our country and in the religion of Islam, divorce is referred to as the most abominable thing permitted by God. When one or both of the parties in a cohabitation cause embarrassment and hardship, the law allows the couple to file a divorce application in the competent court. The family court, which has jurisdiction over divorce petitions, requires the parties to prove their claim of hardship. Unfortunately, the law does not require the husband to prove the existence of hardship in their cohabitation and can more easily obtain a divorce decree than the wife. Whenever a divorce is granted at the wife's request, the court must state the evidence that is acceptable and approved by the law. The results of the present study, which was conducted using a descriptive-analytical method, indicate that if the husband is absent for more than five years, if he is unable to pay alimony, if he has a defect such as insanity, etc. that is unbearable for the wife, and if the wife is in a difficult situation in their life together, or if she has a power of attorney from her husband for divorce, the wife can divorce her husband. https://www.pzhfars.ir/article_242088.html The rapid expansion of online lotteries on social media platforms, particularly those involving user payments in exchange for a chance to win prizes, has generated significant debate regarding their criminal characterization under Iranian law. Following the amendment to Article 705 of the Islamic Penal Code, participation in chance-based lotteries resulting in the transfer of participants’ funds to winners has been criminalized. However, in certain operational models, collected funds remain with the organizer while only the winner receives the prize, creating interpretative uncertainty concerning the scope of the statutory prohibition. Using a descriptive analytical approach and library-based research method, this study examines the jurisprudential foundations of gambling and analyzes the Iranian legal framework, particularly Article 705 of the Islamic Penal Code and Article 2 of the Law on the Intensification of Punishment for Bribery, Embezzlement, and Fraud. Four objective criteria financial payment or commitment, predominance of chance, the status of collected funds and possibility of restitution, and the organizer’s financial benefit are proposed as benchmarks for assessing the criminal liability of online lottery schemes. The findings suggest that mere receipt of payment or unilateral financial benefit, absent statutory violation, is insufficient to establish criminal liability. The proposed framework clarifies the boundary between legitimate economic activity and punishable conduct in cyberspace and provides guidance for digital regulatory policy and the enhancement of criminal justice in online environments. https://www.pzhfars.ir/article_242433.html The expansion of new technologies and the intertwining of human actions in the digital space have brought about diverse consequences for social order. Although the digital environment provides extensive capacities for development, communication, and public services, this same platform can be abused and pave the way for the formation of new types of crime. Therefore, scientific analysis of this space and its consequences for social justice and collective security is an undeniable necessity. In recent decades, policymakers, lawyers, and criminologists have entered this field with the aim of identifying criminal instances in cyberspace, determining appropriate enforcement guarantees, designing preventive mechanisms, and promoting public awareness. Due to the specific characteristics of cyberspace, such as anonymity, lack of geographical restrictions, and rapid growth, these types of crimes have created serious concerns in the field of policymaking, in addition to threatening the intellectual and financial security of society. This research, using a descriptive-analytical method, focuses on the nature and characteristics of the digital environment, and addresses the conceptualization and classification of cybercrimes. https://www.pzhfars.ir/article_242071.html Women's rights, including their occupational rights, are important issues that have gained increasing importance along with the industrialization of societies and the promotion of human rights issues. Employment is a right that governments and society must guarantee to everyone, including women who are able to do it, and every human being has the freedom to choose decent work; in a way that meets both their own interests and the interests of society. In international human rights documents as well as the conventions of the International Labor Organization, the right to employment, its conditions and limitations have been examined. This research examines women's employment in international law. The method used in this research is descriptive-analytical and a documentary approach has been used to collect information. As a result, women enjoy the right to equality in employment and rights in international documents. Based on the Law on Combating Gender Discrimination and the Convention on International Trade Law, women enjoy equal rights with men in employment in all occupational categories. International law has seriously addressed the issue of gender discrimination in employment for women since the 1980s, and based on the Human Rights Charter, attempts have been made to establish equal rights to employment and equal labor rights between women and men. https://www.pzhfars.ir/article_242072.html The present study aims to identify the role of security and educational measures in the resocialization of juvenile delinquents in Tehran, using a quantitative research method based on a questionnaire and its statistical population includes juveniles in the Shahid Fahmideh Judicial Complex during the years 2016 to 2019. Given the limitations of the statistical population in the present study, an attempt has been made to provide the research questionnaire to juveniles in the Shahid Fahmideh Judicial Complex during the years 2016 to 2019; therefore, all units of the community as sample units have had an equal chance of collecting data. Finally, after referring to the members of the statistical population, 158 questionnaires were completed, collected, and analyzed. The research findings indicate that there is a significant relationship between the two variables of Iran's criminal policies towards juvenile delinquents and their resocialization. In other words, the more Iran's criminal policies towards juvenile delinquents improve, the faster their resocialization will be, and vice versa. In general, the findings show that child and adolescent custody programs and measures are far from modern scientific approaches, and adopting a strict custody policy without considering the emotional needs of children and adolescents and providing support platforms after leaving cannot lead to the reform, rehabilitation, and reconstruction of the personality of the juvenile in conflict with the law. It is suggested that planning be used to draw a roadmap, especially paying attention to mediation and the possibility of referring to a mediator in all juvenile and adolescent crimes, and that other restorative justice-based programs such as creating a social circle of treatment and adolescent participation in decision-making be considered, taking into account the principle of respecting the best interests of the child. https://www.pzhfars.ir/article_242089.html The expansion of high-rise construction and increasing urban density in Iran have made tower cranes a central feature of construction sites. Due to their significant height and wide operational radius, the risks associated with these cranes often extend beyond the construction boundary, affecting adjacent properties and public spaces. Adopting a descriptive analytical approach, this article examines the liability of the developer and the chain of operational actors across three stages: installation, operation, and load handling. It also articulates the enforceable rights of neighboring property owners in terms of rights to adjacent airspace, the right to ordinary use free from nuisance, and the right to reasonable safety. The legal framework of the study is grounded in the Civil Liability Act, the doctrines of direct and indirect causation under the Civil Code, and specific safety and building control regulations especially Part 12 of the National Building Regulations and the protective directives issued by the Ministry of Labour. The findings indicate that although fault-based liability remains the dominant standard, the inherently hazardous nature of tower crane operations heightens the professional duty of care. Violations of safety requirements frequently serve as strong evidence of fault and causation. The article further emphasizes the preventive role of non-judicial authorities and proposes practical measures for documentation, lift path control, and risk mitigation.                                                                                                                              https://www.pzhfars.ir/article_240026.html The expansion of disputes arising from similar conduct by public authorities, business entities, and providers of mass services has posed significant challenges to civil justice systems, including repetitive litigation, procedural delay, and difficulties in the effective enforcement of judgments. In this context, class actions serve as a procedural mechanism capable of structuring the adjudication of collective disputes. However, the principal challenge of this mechanism lies not in the possibility of initiating such claims, but in the absence of a clear procedural model governing their initiation and in the uncertainty surrounding the issuance and enforcement of judgments with collective effects. This article focuses exclusively on the procedural and enforcement dimensions of class actions and deliberately refrains from engaging in substantive or theoretical discussions. The central question is how, within existing legal frameworks, a coherent and operational process may be designed for the filing of collective claims, the management of procedural adjudication, the rendering of judgments, and the enforcement of decisions in a manner that prevents procedural fragmentation and the proliferation of ancillary disputes. Adopting a descriptive–analytical approach, the study draws upon domestic and comparative legal sources and materials relating to collective litigation management. The findings indicate that the effectiveness of class actions depends primarily on the existence of an integrated procedural structure extending from claim initiation to enforcement. The article concludes by proposing procedural and practice-oriented measures, emphasizing the standardization of procedural tools and the development of a unified model for issuing and enforcing judgments in collective litigation. https://www.pzhfars.ir/article_242073.html Given the unprecedented increase in the use of economic sanctions as a foreign policy tool, the tension between the legitimacy of these measures and the requirements of international trade law (including freedom of trade and contractual security) has become one of the most challenging legal issues of contemporary times. This article examines the role of independent international institutions, including the International Court of Justice, the World Trade Organization, the Court of Justice of the European Union, and international trade arbitration institutions, in shaping the effectiveness of sanctions. The aim of the research is to analyze the function of these institutions in creating a balance between the political will of states and legal obligations. The main question is how the aforementioned institutions affect the increase or decrease in the effectiveness of sanctions. This research was conducted using a descriptive-analytical method and using case law and opinions of international institutions. The findings show that these institutions contribute to the long-term effectiveness of sanctions by playing three key roles: norm-setting (through the interpretation of security exceptions), guaranteeing fundamental rights (such as the right to a defense in listing individuals), and providing dispute resolution frameworks. The conclusion is that although independent institutions may limit the implementation of sanctions in the short term, they contribute to the stability and predictability of sanctions regimes in the international trade law system by legitimizing and establishing transparent procedures. https://www.pzhfars.ir/article_241098.html Arbitration, as one of the alternative methods of dispute resolution, has a special place in the Iranian legal system. This institution has its roots in Islamic jurisprudence and is also recognized in statutory laws. In Iranian law, Article 454 of the Civil Procedure Code provides for the possibility of referring a dispute to arbitration at any stage of the proceedings, even at the appeal stage. One of the important issues in this context is the possibility of referring a claim to arbitration at the appeal stage. This article, using a jurisprudential, legal, and comparative approach, examines the legitimacy and permissibility of such an agreement. In the jurisprudential section, the principles of correct arbitration in Imami and Sunni jurisprudence are examined, and in the legal section, it analyzes legal articles and judicial practice, and while analyzing judicial practice, it examines legislative and executive challenges and solutions. The result is that the parties' agreement to refer the case to arbitration at the appeal stage is valid and enforceable if the legal and Sharia conditions are met. https://www.pzhfars.ir/article_242421.html The perspective of criminal reform and treatment actually has a pathological view of the criminal and always intends to deal with the criminal with new scientific and medical solutions instead of severe punishments, the effectiveness of which is still shrouded in ambiguity, in such a way that instead of punishment, it deals with the criminal's treatment and deals with the criminal with scientific and medical mechanisms. We all believe in this category that the reform of the criminal is the ultimate goal, whether through treatment or punishment, but as citizens we are also more satisfied if this delivery is accompanied by a therapeutic and corrective method and strategy. Experience has shown that punishment is not the answer, so treatment can be more useful. Human rights-based rehabilitation and its limitations in the Iranian penal system This issue is descriptive-analytical. The results of the present study indicate that in fact, the abolition of the name of prison and imprisonment in a way creates a problem for the criminal's personality, a problem that he encounters with elements that have lost their freedom as a result of committing acts or are deprived of it in some way so as not to harm others. https://www.pzhfars.ir/article_242151.html In the Iranian civil procedure system, the correct and complete determination of the litigants is one of the basic conditions for hearing a lawsuit. Defects in this area, whether substantive or formal, can lead to the issuance of an order to dismiss the lawsuit or not to hear the lawsuit. The principle of remedial proceedings, as a general and flexible rule, provides the possibility of correcting these defects through tools such as attracting a third party so that the lawsuit can reach the substantive hearing stage without the need for a retrial. This approach not only prevents the delay of the proceedings and additional costs, but also strengthens public confidence in the judicial system. The present study, focusing on the judicial procedure approach, comprehensively examines the concept, foundations, scope, legal capacities, and conditions for implementing this principle. The research method is descriptive-analytical, and it is suggested that future field research clarify the practical dimensions of this issue. https://www.pzhfars.ir/article_242422.html Due to the extremely hazardous nature of its activities, chemical industries are always associated with the risk of harmful accidents. In the Iranian legal system, the primary principle of civil liability is based on fault, but the effectiveness of this rule in compensating for damages resulting from high-risk industrial activities is seriously questionable. The present study aims to investigate the function of the rule of strict liability in accidents at Iranian methanol production units, using a descriptive-analytical method and utilizing the economic and jurisprudential foundations of civil liability. The findings of the study show that although Iranian law provides for scattered cases of strict liability, the lack of a coherent legal regime for the chemical industry has led to inefficiency in compensation and failure to internalize the social costs of accidents. The economic analysis of the strict liability rule shows that in unilateral industrial accidents, this rule is more effective in creating incentives for safety than fault-based liability. Finally, the research concludes that, given the hazardous nature of methanol production and the existing legislative gaps, the transition to strict liability backed by mandatory insurance is an essential solution to achieve compensatory justice and economic deterrence. https://www.pzhfars.ir/article_242451.html Capital punishment is the most severe punishment prescribed in criminal law for certain crimes and is usually imposed on criminals who commit serious crimes. This punishment has undergone many changes throughout history in various aspects, along with other aspects of criminal law, and often had a wide scope in ancient laws. In any case, the evolution of the death penalty from the beginning of the codification of the laws to the present day is quite tangible. The views of the heavenly religions and various schools of criminal law on death penalty are examined and it becomes clear that as time passed and the Renaissance approached, the images related to this punishment weakened and the schools of justice suggested alternatives such as exile, imprisonment, and other types of deterrent and corrective punishments instead of death penalty. Among supporters and opponents of this punishment, the reasons for those in favor include maintaining justice and creating fear to maintain security, while opponents point to the negative consequences for the offender's family, the possibility of errors in the execution of the sentence, and the negative effects on society. https://www.pzhfars.ir/article_242150.html Although the expansion of urbanization and the increase in construction projects play an important role in economic development and the improvement of urban infrastructure, they have also brought consequences such as noise pollution from construction activities. This type of pollution, as one of the hidden but effective forms of environmental pollution, can threaten the physical and mental health of nearby residents and violate their fundamental right to enjoy peace and comfort. The present study, with a descriptive-analytical approach, examines the concept and principles of noise pollution, the rights of neighbors, the duties of builders, and civil and criminal responsibilities arising from urban construction. The findings of the study show that although the Iranian legal system has foreseen numerous regulations to control noise pollution, the weakness in implementation, the lack of effective supervision, and the low level of awareness of citizens have caused the continuation of this problem. From a legal perspective, the principle of non-harm and Article 132 of the Civil Code are the main basis for protecting neighbors from noise nuisance, and if normal limits are exceeded, builders can be required to compensate for damages and bear punishment based on civil liability rules and, in some cases, under criminal law. The results of the study indicate that controlling noise pollution requires a multidimensional approach, including improving institutional supervision, strictly observing permitted construction hours and methods, increasing builders' responsibility, and empowering citizens to demand their rights. Simultaneous attention to technical, legal, and social requirements can play an effective role in reducing tensions resulting from urban construction and improving the quality of life of citizens. https://www.pzhfars.ir/article_242426.html This research aims to analyze the criminology of kolbari and distinguish it from smuggling, identify the factors of its prevalence, and evaluate existing policies. The research method is descriptive-analytical, using the theories of relative deprivation and illegal opportunities. The findings show that kolbari is a livelihood activity rooted in economic and social deprivations such as poverty, unemployment, and isolation of border areas, while smuggling is an organized crime with profit-seeking motives and destructive effects on the national economy. The Law on Combating Smuggling of Goods and Currency, passed, classifies this activity as smuggling due to the lack of an independent definition of kolbari and imposes disproportionate penalties on kolbaris. The Law on Organizing and Monitoring Border Trade, passed, was a step towards differentiation by allowing kolbari for five years, but time and geographical restrictions have reduced its effectiveness. The research’s recommendations include establishing free trade zones, amending laws to define Kolbari independently, providing insurance and legal protections, strengthening border surveillance, investing in education and skills training, raising media awareness, and coordinating the three branches of government. These strategies, by combining social and situational prevention, will help regulate Kolbari, reduce smuggling, and sustainably develop border areas. This research emphasizes the need for distinct policies to support border dwellers and curb smuggling. https://www.pzhfars.ir/article_242417.html Significant advances in cognitive neuroscience over recent decades have fundamentally challenged traditional legal paradigms by raising profound questions regarding the foundations of criminal responsibility. One of the central issues in this field concerns the impact of neurocognitive impairments on criminal liability. The prefrontal cortex, as the core neural substrate responsible for emotion regulation, impulse control, planning, and moral judgment, plays a pivotal role in the psychological foundations of moral and legal responsibility. Employing a descriptive analytical approach and a library-based research method, this study examines how dysfunctions in different regions of the prefrontal cortex particularly the dorsolateral prefrontal cortex and the orbitofrontal cortex may weaken or disrupt the constituent elements of criminal intent and volition in the crime of intentional murder. The findings indicate that such dysfunctions can lead to diminished inhibitory control, impaired anticipation of consequences, and deficits in emotional processing, all of which constitute essential components of both general and specific criminal intents. An analysis of the Islamic Penal Code of 2013 demonstrates that although the Iranian criminal justice system does not explicitly refer to neuroscientific foundations, concepts such as reason and free will, as articulated in the provisions governing criminal responsibility, possess the capacity to be interpreted in light of contemporary neuroscientific findings. Ultimately, this article advocates a reconsideration of traditional criteria for assessing criminal intent and calls for greater attention to scientific evidence within the judicial decision-making process.