Quarterly Journal of Comparative Research in Law and Social Sciences

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 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 Doping trafficking networks pose a multidimensional threat to the sports community, especially female sports heroes. The phenomenon of doping has consequences such as physical and psychological harm to athletes, elimination of fair competition and weakening the ethical foundations of sports at local to global levels. Identifying and coping efficiently with these networks, which have increasingly used new technologies such as social media in recent years, is a key step to reducing harm and managing numerous and widespread doping challenges. Accordingly, the aim of the present study is to explore ways to detect doping trafficking networks using AI capabilities in social media.The method of this study is descriptive-analytical and is based on secondary data analysis and background review of artificial intelligence technologies. The focus of this study is on methods of extracting and analyzing text and linguistic data related to the smuggling of doping materials from social media platforms.The findings suggest that AI models, such as machine learning, can produce and use valuable qualitative data on the structure of smugglers ' networks and hidden patterns of their exchanges. Processing text and linguistic data can lead to the extraction of vital information, including the identity of individuals, the scale of activities, and other key variables. Now, the use of artificial intelligence has made it possible to identify production sites and routes for smuggling doping materials, as well as network smugglers, simultaneously with the occurrence. As a result, new AI capabilities in detecting doping trafficking networks are a powerful option in the judicial system to prevent and deal with injuries to athletes ' health and other sports and social consequences of doping.

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 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 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.

Abstract So-called honour killings lie at the intersection of the right to life, gendered control, family authority, and the State’s monopoly over punishment. Using legal analysis and functional comparison, this article examines the network of rules governing such killings in Iran and Türkiye. In Iranian law, Articles 301–303 of the Islamic Penal Code and Articles 612 and 630 of Book Five (Ta’zirat) affect the availability of qisas, claims concerning an exceptional legal status of the victim, the consequences of mistake, and discretionary punishment where qisas is not carried out. Turkish Penal Code No. 5237 (Türk Ceza Kanunu; TCK) treats homicide committed with a customary/traditional motive (töre saiki) as aggravated and, since 2022, aggravates any intentional killing committed against a woman; Article 29 on haksız tahrik (unjust provocation) nevertheless remains relevant in some cases. The study finds that in-flagrante adultery homicide, so-called honour killing, and gender-related killing of women are legally distinct concepts. Nevertheless, the licence-like wording of Article 630 and gaps in proportionate non-qisas punishment may reinforce lenient understandings of lethal violence rooted in sexual and familial control. Türkiye likewise shows that sentence aggravation alone is insufficient without constraining gender stereotypes in provocation doctrine, effectively implementing protective measures, and ensuring accountability for failures to protect. The article recommends repeal or fundamental redrafting of Article 630 and Article 302(e), stricter evidentiary limits on Article 303, aggravated ta’zir punishment for gender-related killings where qisas is unavailable, and a comprehensive preventive protection framework

Abstract The rise of criminal titles in criminal regulation is a global phenomenon influenced by social، political، economic and technological developments. This article examines the causes of this increase and shows that the development of modern societies and the emergence of new crimes such as cybercrime and environmental crime، cultural changes such as attention to human rights and the environment، and political and security pressures such as the fight against terrorism are the main factors of this phenomenon. Also، the influence of media and public opinion and international commitments also play a role in increasing criminal titles.However، this increase without careful planning can lead to ambiguity in the laws، an increase in the criminal population and a heavy burden on the judicial system. To address these challenges، the paper proposes a preventive and holistic approach. This includes strengthening social programs، improving the legislative process، using new technologies، International Cooperation and periodic evaluation of laws. Also، emotional regulation should be avoided and special attention should be paid to civil rights and restorative justice.The rise of criminal titles is inevitable in modern societies، but it requires intelligent management and expert approaches to achieving criminal justice and reducing crime.

Abstract Today, the media plays an effective role in determining the forms and scope of crime and social deviations by choosing the topic of events and how to convey concepts and messages to the people. Although. Media can help reduce crime in society by playing different roles and act as an effective tool in preventing crime, but sometimes conflicts are seen, which can justify the necessity of this study and its purpose. In this article, we will look at the descriptive and analytical approach with a documentary and library method to understand whether the reflection of real criminal justice in the mass media has an impact on the public. Media can, among other things, be able to reinforce preventive approaches in society with artistic and news approaches by taking advantage of the negative aspects of crime. In the next place, these means of mass communication can, in their own right, provide ways to insecure society for criminals by making the right policy.

Abstract Background and Aim: Over the past century, Iranian legislative and executive bodies have repeatedly sought to transplant crime-prevention institutions and policies from Northern Europe, Canada, Japan, and Malaysia, yet these legal transplants have not reproduced the outcomes observed in their countries of origin. This study aims to provide a comparative legal explanation of that failure and to identify the institutional precondition whose absence renders both foreign transplants and religious-moral prescriptions ineffective. Method: The study is qualitative and descriptive-analytical, conducted through documentary and library research within a most-different-systems design. Alongside scholarly literature, provisions of the Constitution of the Islamic Republic of Iran, ordinary statutes concerning transparency and administrative integrity, and international instruments were examined through qualitative content analysis. Findings: The success of the selected legal systems in containing crime derives neither from penal severity nor from policing technique, but from an infrastructure of accountability, transparency, and institutional trust. At the normative level the Iranian legal system is largely adequate: Articles 8, 24, 90, 173, and 174 of the Constitution, together with related statutes, establish a relatively complete architecture of answerability. The deficiency lies in the enforcement component and in the unequal application of law. Conclusion: The missing link for sustainable crime reduction in Iran is neither policy importation nor intensified faith-based prescription, but the governing system's will to activate the enforcement of accountability already embedded in its constitutional order, to institutionalize criticism, and to define its ultimate purpose while realistically matching means to ends.

Abstract The concept of "dangerous state" (or dangerousness) is a contentious issue in criminal law and criminology, as its assessment involves predicting future behavior and may serve as the basis for measures that restrict individual liberty. The central challenge lies in balancing the necessity of crime prevention with the protection of individual rights and freedoms, ensuring that the mere likelihood of committing a crime does not replace the requirement to prove the commission of an offense or become an independent basis for unfettered state intervention. Employing a descriptive-analytical method and a comparative approach, this article examines the concept of dangerousness and its legal manifestations in the United States, France, and Iran. In U.S. law, pretrial detention and civil commitment under specific statutes exemplify interventions based on risk assessment. In France, Law No. 2008-174 of February 25, 2008, establishes a mechanism for "security detention" (*rétention de sûreté*) subject to strict legal conditions. In Iran, Article 150 of the Islamic Penal Code (2013) is significant, addressing specific situations involving insanity arising after the commission of a crime and the detention of the individual in compliance with legal requirements. Research findings indicate that these examples differ in their underlying rationales, objectives, and conditions of application, and thus cannot be regarded as instances of a single, unified legal institution. Despite these differences, the necessity of a clear legal basis, individualized and reasoned assessment, adherence to the principle of proportionality, and the availability of oversight and judicial review constitute fundamental criteria for the legitimacy of liberty-restricting measures based on future risk.