Quarterly Journal of Comparative Research in Law and Social Sciences

Abstract In society, we see the slogan that (addicts are not criminals, but patients) is scientifically correct, but from the point of view of criminal law, addicts are a disease that is also criminals at the same time, and if this disease is treated, the number of criminals and the titles of criminals produced by them will also decrease. Based on scientific research, addiction treatment alone is not enough and requires simultaneous social and supportive interventions to prevent the return to addiction and crime. So this precedent can explain the context, the necessity and the importance of the present search. In this research, we are looking for a descriptive, analytical, yet comparative approach (with an empirical basis) using a documented and library method to properly understand the behaviorology and causes of the occurrence and emergence of criminal behavioral approaches in drug addicts, which guides us to this point in terms of Science, the minutes of reactions are identifiable. So getting a relative understanding of the current situation leads our research results in this direction, which has been proven in scientific studies that individual-centered knowledge of the individual behavior of addicts can be effective in quitting their addiction, and secondly, the expansion of group behavioral studies of addicts can help to identify the harms and spread environmental preventions to policy makers.

Abstract The following article examines the complex and multifaceted phenomenon of "shadow government" and examines its interactions or conflicts with the official government from the perspective of political pathology and relies on the Criminal Sociology approach of organizations and institutions. The shadow government, as an invisible but powerful structure, overshadows the weakness of government structures, systematic corruption, or inefficiency of official institutions, and sometimes even transcends the boundaries of the official government. This phenomenon, which sometimes manifests its power in the form of mafia networks, influential groups, or informal organizations, not only disrupts the political and social order, but also acts as a serious threat to the rule of law and legitimacy of the established state. With a descriptive and analytical look, it guides us in this direction, which, emphasizing the need to strengthen government institutions, Transparency in decision-making processes, and the relentless fight against corruption, offers solutions to counter this ominous phenomenon. The creation of strong regulatory mechanisms, strengthening public participation, and increasing social awareness are among the solutions that can weaken the shadow government and strengthen the foundations of the rule of law. This research, with an in-depth and analytical look, attempts to illuminate the hidden corners of this dangerous phenomenon and provide ways out of this great political and social challenge.

Abstract In recent decades, Korean pop music (K-POP) has evolved not only into an entertainment industry but also into a tool of soft power and cultural diplomacy. BTS, as one of the most prominent groups in this genre, plays a key role in promoting the values, cultural identity, and ideology of the South Korean government. As one of the most famous music groups in the world, BTS is recognized not only for their music but also for their social and humanitarian messages. Their invitation to the United Nations and their speeches at the UN suggest that they pursue goals that go beyond mere cultural objectives, following certain ideologies. This study aims to analyze BTS's speeches at the United Nations in 2018 and 2021 using rhetorical criticism from an ideological perspective to uncover their hidden functions and ideologies. The findings of the analysis indicate that through cohesive teamwork and cultural activities, the group has expanded its global influence, while UN leaders leverage their cultural power to establish cultural hegemony, particularly targeting the youth of the global community.

Abstract The Iranian criminal justice system has traditionally relied on fixed monetary fines, a mechanism that determines penalty amounts solely based on the severity of the offense without considering the offender’s economic capacity. This study aims to critique this approach and assess the feasibility of replacing it with a “day-fine” system. The research employs a descriptive–analytical method, using library-based studies (Iranian criminal laws and regulations, judicial practice, criminological sources) and comparative analyses of successful systems such as those of Finland and Germany. Data collection tools include content analysis of legal documents, comparative field examination, and analysis of criminological and jurisprudential theories, with findings interpreted through a comparative–inferential approach. The results indicate that the fixed fine structure in Iran, by disregarding indicators such as income, assets, and living expenses, conflicts with core principles of criminal justice—including proportionality, deterrent justice, and equality before the law—and, in practice, results in unequal punitive burdens among different social classes. Comparative analysis further reveals that the day-fine model, which combines two components—“number of fine days” (aligned with offense severity) and “daily fine amount” (based on the offender’s financial capacity)—can impose an equivalent punitive burden on offenders regardless of their economic status, maintaining deterrence while preventing the reproduction of inequality. The novelty of this study lies in proposing a localized framework for implementing the day-fine system in Iran, grounded in the experiences of leading jurisdictions and an analysis of its legal and institutional capacities and challenges.

Abstract Citizenship rights and social capital, as two fundamental pillars of sustainable social and political development, have a mutually reinforcing and bidirectional relationship with one another. In Iran, although the Constitution and the Citizens' Rights Charter provide relatively comprehensive frameworks for guaranteeing citizens' rights, existing evidence indicates that the practical realization of these rights has faced significant obstacles. Restrictions on civil and political liberties, weak enforcement guarantees, and the inefficiency of civil and formal institutions have led to diminished public trust and a decline in social and political participation, ultimately weakening social capital.

This research employs a qualitative approach using a documentary-analytical method. Data were gathered from laws and official documents, national reports and social surveys, as well as domestic and international academic sources. They were categorized and analyzed based on indicators of citizenship rights (civil, political, social, and cultural) and components of social capital (trust, participation, cohesion, and civil networks).

The findings reveal that the ineffective realization of citizenship rights has a direct relationship with the decline of institutional and formal social capital. Conversely, strong social capital provides the groundwork for demanding rights, civil oversight, enhancing institutional efficiency, and the better realization of citizenship rights. This bidirectional cycle demonstrates that the persistence of the gap between legal frameworks and implementation reality will exacerbate the state-citizen gap and reduce social cohesion.

The research results emphasize the necessity of revising policies and programs aimed at strengthening citizenship rights, promoting institutional transparency and accountability, and supporting civil institutions and civic education. This is essential to pave the way for achieving sustainable development in Iran through revitalizing social capital.

Abstract In the present era, when social justice has become one of the fundamental concerns of societies, re-examining legal concepts with a comparative approach has become an undeniable necessity; one of these concepts is the "right to social dignity", which has a special place in both Islamic jurisprudence and modern theories of social justice. With the aim of comparative examination of this concept, the present study attempts to explain its foundations, conceptual structure, and implementation consequences in two different intellectual systems using a descriptive-analytical method and a comparative approach. In the Islamic jurisprudence section, reliable Shiite and Sunni sources are examined, and in the social justice theories section, the opinions of thinkers such as John Rawls, Michael Walzer, and Robert Nozick are analyzed. The findings of the study show that Islamic jurisprudence, emphasizing the inherent dignity of man, considers social dignity to be a divine, fixed, and inalienable right, the preservation of which is entrusted to the individual and society through moral and legal duties; While social justice theories consider dignity to be a relative matter arising from social structures, distribution of resources, and equality of opportunity, and consider its realization to be dependent on legal institutions and public policies. The conclusion of the research indicates that combining the moral and divine elements of Islamic jurisprudence with the institutional mechanisms of modern theories can pave the way for the development of a more comprehensive legal system in Islamic societies that is both loyal to human dignity and pays attention to structural justice.

Abstract Background and Objective: Doping trafficking networks represent a severe, multi-faceted threat to sports, especially for female athletes. Doping causes significant physical and psychological harm, undermines fair competition, and damages the ethical foundations of sport at all levels. Effectively identifying and countering these networks, which increasingly exploit new technologies like social media, is crucial for mitigating the extensive damage caused by doping. This research aims to analyze methods for identifying these trafficking networks by leveraging Artificial Intelligence (AI) capabilities on social media platforms.
Methods: This descriptive-analytical study is based on secondary data analysis and a review of AI technology literature. It focuses specifically on methods for extracting and analyzing textual and linguistic data related to doping trafficking from social media platforms.
Results: The findings demonstrate that AI models, such as machine learning, can generate valuable qualitative and quantitative data on traffickers' network structures and hidden transaction patterns. Processing textual and linguistic data enables the extraction of vital intelligence, including suspect identities, the scale of operations, and other key variables. The application of AI now allows for the real-time, simultaneous identification of production locations, trafficking routes, and the traffickers themselves within these networks.
Conclusion: The advanced capabilities of AI in uncovering doping trafficking networks present a powerful tool for judicial systems. It is instrumental in preventing and combating damage to athlete health and the wider sporting and social consequences of doping.

Abstract Examine theories of personality in relation to criminal behavior. According to these theories, criminal behavior is associated with the presence of certain personality traits or specific criminal personality. Psychologists link personality to criminal behavior by examining the specific characteristics of the offender or categories of characteristics that drive him towards criminal behavior. It focuses on personality theories that try to explain the main characteristics of criminal orientation.This is where, with an emphasis on character-driven approaches, governments should control crime rates to normal levels .In this research search we are looking for an answer to this question with an analytical descriptive approach and using a documented and library method taking into account qualitative and quantitative studies is the impact of age gender and economic and social factors on crime debatable by emphasizing the personality based theories of individualist criminology The answer seems positive even taking into account cultural and social factors, the role of the offender's personality in the The goat was very colorful.It can be concluded that the conversion of crime prevention approaches should range from single-dimensional criminal spending to multidimensional, the rotation of governments in reducing criminal costs at least in secondary delinquency, the welfare state model can lead to a decrease in crime statistics according to studies.

Abstract Financial and economic crimes cover a range of illegal activities resulting in financial losses and damages to economies and institutions. These crimes include, crimes in the area of conflict of interest fraud, tax evasion, money laundering, financial corruption, etc. If this approach is taken by influential people, such as the formation of rentier groups with all kinds of immunity and... It can be a very serious disadvantage for the ruling political system, such as the deprivation of public trust in the governance of judicial discrimination and... The purpose of this is to recognize some of these injuries.In this article we will look at the analytical descriptive look to find an answer to this question How can the existence of criminal subcultures of economic and financial crimes in people with political influence in dealing with the criminal justice system be discussed and explained It seems that the presence of criminal cultures in the form of specific political immunities makes it easier for people with political influence to commit economic crimes. And they commit money,and it causes the social divide and the frustration of justice among the public, the platforms of protests and political and security insecurities and so on....) Find the figure. There are different ways out there to minimize injuries, including (the real circulation of the elite, the expansion of electronic and popular surveillance, and so on...) That can reduce this situation, bring it closer to the desired situation.

Abstract The scope of postponement is limited to Ta’zir crimes of the fifth to eighth degree. Considering that some Ta’zir crimes less than the fifth degree, crimes subject to Hadd, Qisas, and Diyah are affected by the victim’s forgiveness, it can be considered a good opportunity to gain the plaintiff’s satisfaction in the pre-trial and post-trial stages and, as a result, the offender’s release from punishment. In unforgivable crimes, it also provides a reason for mitigation, conversion, and implementation of alternative punishments. Finally, the greater attention of Iranian criminal policy decision-makers to the postponement strategy, which is based on expediency tolerance, rationality, and criminal tolerance, restorative justice, etc., plays an effective role in organizing the system and managing criminal justice. Our country, in adopting the Islamic Penal Code of 2013, based on rich Sharia sources and Islamic standards; The Quran, tradition and institutions of tolerance and opportunity, such as suspension of execution of punishment, are confirmed by reason with the approach of new institutions such as exemption from punishment, postponement of sentence, alternatives to imprisonment, in the section of Ta'zir style punishments, levels 6, 5, and 8. The aforementioned tolerance institutions before, during, and after determining the punishment are closely related to many concepts of progressive criminal policy such as human dignity, individualization of criminal justice, decriminalization, etc. This article uses a descriptive, analytical, and library method, and it can be inferred that the examples and scope of tolerance and tolerance in tolerance institutions and social interest and the conditions and circumstances of the individual such as suspension of prosecution, postponement of prosecution, postponement of sentence, mediation, archiving of the case, etc. in crimes subject to hadd, qisas, diyat, and especially Ta'zir punishments can be implemented by observing the principles and standards of Sharia.

Abstract In the Iranian legal system, which is influenced by jurisprudential rulings, life-long punishments such as revenge and execution are provided. However, the implementation of these penalties for children and adolescents faces serious challenges, as they lack a complete understanding of the nature of their actions and cannot be considered as equal to dangerous adult criminals. The Islamic Penal Code of 1992 in Article 91 has taken a positive step in this regard. According to this article, if adults under the age of eighteen do not understand the nature of the crime or its sanctity or there is a doubt in their rational development, they are sentenced to lighter punishments. This reformist approach reflects the Legislature's attention to the rehabilitation of juvenile offenders. Nevertheless, this article has considerable limitations. First, its inclusion is limited to limited crimes and retaliation and does not include other penalties. Secondly, it covers only adolescents under the age of eighteen and does not include minors. These limitations raise important questions: What is the exact concept of "suspicion in rational development"? Why is this support limited to adults under eighteen? And what is the justification for the confinement of the inclusion of matter to certain crimes? These ambiguities and limitations may in practice prevent the legislator from achieving the main goal of effective rehabilitation of all delinquent children and adolescents. Therefore, a comprehensive review of this article from a legal, jurisprudential and psychological perspective seems necessary. Such a review could be a pioneer for judicial authorities in handling cases related to juvenile delinquency and would pave the way for future reforms in this important legal field.

Abstract The human rights system has tried to monitor the implementation of the Prohibition of torture by creating mechanisms such as the UN anti-torture committee and international courts. However, challenges such as the lack of cooperation of some countries, weakness in the implementation of international decisions and cultural and political differences have prevented this goal from being fully realized.The application of such approaches to the internal rights of countries is one of the ways of sustainable legal and judicial development, which is the necessity and importance of the present article.In the legal and religious system of Iran, in view of the ideological teachings, the Prohibition of torture has also been introduced as one of the prohibited and inhumane approaches, and the confession resulting from it is not considered a proof of a lawsuit.With a descriptive and analytical look and documented method following the visual presentation of the Prohibition of torture in the Iranian legal system with a comparative study of the international system of human and Islamic rights We are. It seems that the formation of civil supervisory commissions, like the jury model, can be a good way to respect the rights of the accused, like the lack of torture and so on.

Abstract Social Security, as one of the main pillars of Sustainable Development, plays a significant role in the stability and progress of society. As the main body responsible for ensuring security, the police have a direct impact on social security strategies with their actions. This article examines the role of police performance in strengthening or weakening Social Security and analyzes effective strategies to improve this performance. In this regard, various dimensions of police performance include crime prevention, crime prevention, education and awareness, and cooperation with civil society institutions are examined. Also, the challenges facing the police in ensuring social security, including resource constraints, increased organized crime and the need to build trust with society, have been analyzed. Finally, solutions such as the use of new technologies, increasing public participation and continuous training of police forces are proposed to improve the performance of the institution. Emphasizing the importance of the role of police in Social Security, the article notes the need to pay attention to new and participatory strategies to address future security challenges.

Abstract Economic exploitation of children and adolescents is one of the most important social and legal problems in contemporary societies, which not only violates their fundamental rights, but also hinders the realization of social justice and sustainable development. Legal studies show that the Iranian legislative system has drawn a relative framework to combat this phenomenon by approving the "Law on the Protection of Children and Adolescents" approved in 2020 and the regulations contained in the Labor Law. At the international level, documents such as the Convention on the Rights of the Child and the International Labor Organization conventions have provided binding and coordinating standards to protect children from economic exploitation. The present study, using a descriptive-analytical method and a comparative approach, examines the foundations, examples, and mechanisms of combating economic exploitation in domestic law and international documents And it is indicative of the fact that although Iranian laws are in line with international standards in principle, shortcomings in definitions and examples, criminal enforcement guarantees, responsible institutions, and public awareness are challenges in achieving effective protection for children.

Abstract Women with disabilities experience domestic violence in terms of criminology. On the one hand, due to physical or mental disabilities, they are the favorable siblings of criminals determined to be criminals, and on the other hand, this particular situation exposes them to all kinds of domestic violence. Legal systems, especially those who consider themselves adhering to the approaches raised in international documents and conventions related to the protection of the disabled, have tried to consider the right of legitimate differential defense for women with disabilities who suffer from domestic violence in light of some psychological concepts, especially beaten women's syndrome and post-traumatic disorder, so that this group of women, if faced with domestic violence, can benefit from the privileges of legitimate differential defense and, while resorting to legitimate defense against illicit attack, can also benefit from the rights of legitimate differential defense.they're going to take criminal responsibility. The legal system of the United States and the United Kingdom have valuable experience in this regard, which is discussed in this article. However, the Iranian legal system is in great weakness in this regard, and the appeal of disabled women who have committed domestic violence to legitimate defense in Iranian law is possible only on the basis of general and general rules and regulations, and no specific legal or judicial protection of these women has been done in the Iranian legal system.It should be noted that the type of research present is fundamental, its approach, descriptive - analytical, how to do it, Library study and information collection tools in it are also phishing.

Abstract Undoubtedly, the development of technology, especially in artificial intelligence (AI), which is a broad branch of computer science, has had a huge impact on human behavior and has led researchers to participate in this important field to respond to legal problems caused by crimes. The question is: does the robotic programmer or AI take criminal responsibility for AI? Or does AI have an independent legal personality on which criminal liability depends? The question remains unclear about the expected criminal punishment that fits this new AI legal figure. We also examine the criminal responsibility of the manufacturer, programmer, user and designer for the work of artificial intelligence and robotics, and try to examine the legal framework for regulating the relationship between humans and artificial intelligence (robots) as follows: the normal laws of the use of artificial intelligence, and the criminal responsibility for the actions of artificial intelligence. This is intended to provide a new theory in relation to the criminal liability of AI in relation to the granting of electronic legal personality to AI to burden criminal liability for its actions, which is outside the scope of responsibility of the developer and programmer and the user and owner of these intelligent systems. It is based on the analytical – descriptive and library method to examine the issue of redefining criminal liability in the light of artificial intelligence. The research results show that studies and topics related to determining criminal liability for AI actions cover practical applications and the most important legal problems that arise according to the legal personality and criminal liability of AI.