https://www.jccj.ir/ Comparative Criminal Jurisprudence en daily 1 Sat, 21 Mar 2026 00:00:00 +0330 Sat, 21 Mar 2026 00:00:00 +0330 https://www.jccj.ir/article_243146.html Online video games have become a significant arena for wealth creation and circulation within the digital economy. The emergence of digital assets, novel revenue models and complex in-game payment mechanisms has, in turn, facilitated new forms of financial misconduct. This article adopts an analytical and interdisciplinary approach to examine the challenges of Islamic economic jurisprudence in addressing financial crimes arising from online games. It argues that a major source of jurisprudential inefficiency lies in the improper conceptualization of the subject matter and the disconnection between Islamic economic jurisprudence and criminal jurisprudence. Using a descriptive-analytical method and drawing upon authoritative sources of Imami jurisprudence, the study identifies and analyzes five core challenges: the ambiguity of “property” and “property value” in digital assets, the legitimacy of revenues generated by online games, the overlap with gambling, uncertainty (Gharar) and unlawful consumption of wealth, the inadequacy of existing frameworks for criminalization and the jurisprudential-economic responsibility of platforms and game developers. The findings indicate that focusing solely on users’ conduct fails to capture the structural nature of digital financial crimes, necessitating a shift toward analyzing crime-producing economic architectures. The article further establishes a methodological linkage between Islamic economic jurisprudence and criminal jurisprudence by proposing a redefinition of the object of crime-from individual acts to economic structures-revisiting the foundations of criminal liability based on doctrines such as causation (Tasbīb) and no-harm (Lā Zarar) and advocating for a jurisprudence-based criminal policy. The study concludes that such integration enables Islamic jurisprudence to function both as an effective regulator of the digital economy and as a framework for fair and preventive responses to financial crimes in online gaming environments. https://www.jccj.ir/article_205871.html Disabled child victims are in dire need of criminal protection. The vulnerability of these people is the most important necessity in this regard. Based on this, the purpose of this article is to examine the penal policy of Iran and England in supporting disabled children. This article is descriptive and analytical and it has investigated the mentioned subject by using the library method. The findings indicate that there is no differential criminal policy in the protection of laws. Protection laws are general and mainly in the protection of children in general. Iran's legislator has paid attention to the disabled in several cases and supported them. With a cursory look at Iran's laws, it seems that this is not based on a pre-planned policy. In several cases, Iran's legislator has dealt with the crime of abandoning a child, employing children for begging, sexual crimes and crimes against the physical integrity of children, which also includes disabled children, while if the legislator considered this vulnerable spectrum of victims worthy of the protection of special punishment, he would have provided a comprehensive and regulated protection to them in the light of the law. Various criminal and non-criminal laws were applied. In the field of disabled people, it seems that the laws and regulations. In such a way that basically of criminalizations does not refer to crimes of a special nature that are often committed against disabled people and they mainly lack systematization and coherence. https://www.jccj.ir/article_162303.html Background and Aim: Aids, although in its first appearance, the sign of God's wrath on the group of homosexuals was conceived and its infected people deserved such punishment, but slowly, with its growing trend and gradual expansion outside the first origin, became a global issue and its infected people became miserable victims. In the United States, the legislator of some states considering this issue, for example, in Article 519-1-63 of the Ulkashima State Law of 1999, states that a person who has been infected with a sexually transmitted infection does not have the right to marry and should not be infected by sex as long as his health recovery is not announced by a doctor in person. In Iranian criminal law, there is no specific law regarding responsibility for hiv transmission. https://www.jccj.ir/article_174336.html The basic principles and basic rules of Imami jurisprudence and criminal law require non-punishment before committing and realizing the legal, material and spiritual elements of the crime. Likewise, it is not possible to take preventive measures against the possible actions of individuals based on the principles and regulations defined and recognized. In the theory of criminal jurisprudence, the legal frameworks for eliminating the grounds of criminal actions and facing imminent dangers have been provided. Based on the research carried out in this regard, a theory has been proposed, which on the one hand criticizes the abstract theory that believes in abandoning any preventive measures, and on the other hand, the strict extreme theory. It challenges the necessity of confronting any weak possibility.Based on the selected point of view, in addition to the theoretical basis of the legitimacy of the background measures and the elimination of criminal preparations in the prosecution of criminals against individuals and property, conditions have been introduced that rely on them to justify the Shari'a and legal prevention of crimes related to the privacy of individuals and various social fields in the form of It is analyzed logically and scientifically. https://www.jccj.ir/article_177148.html The current type of research is a survey, and in terms of the goal, it is applied. The statistical population of the research consists of judicial officials, school principals and social workers of Mazandaran province in 2019. According to Cochran's formula, 384 people were selected as a statistical sample and these people were selected by stratified random sampling method. The researcher-made questionnaire was the only research tool, and face and content validity were used to measure validity and Cronbach's alpha test was used for reliability. Among the 22 cities of Mazandaran province, 8 cities and 50 people from each city were randomly selected. In order to generalize the results to the statistical population, Khaido and Friedman statistics were used. The results of the tests indicated that the three variables of family economy, family supervision and control, and family morals and education from the point of view of judicial authorities, school principals, and social workers are effective on the delinquency of children and adolescents, and among these three variables, the moral factor And family education has been reported as the most important factor affecting delinquency, and among its components, "lack of religious and exemplary parental adherence" showed the highest average rating. Considering the attitude of the studied sample regarding the factors affecting the delinquency of children and adolescents, the need to pay attention to the role of economic, social and cultural factors of the family in raising the future generation is doubled. https://www.jccj.ir/article_190315.html The participation of feminism in the space of international law is facing many challenges and gaps; These challenges are raised in both theoretical and practical areas of governments. The purpose of this research is to analyze the challenges of feminism approach in the international criminal law system with emphasis on legal formalism and fuzzy logic. This research is of a theoretical type and its method is descriptive and analytical and the data collection tool is library. The findings of the current research show that the dispersion in international documents and procedures does not indicate that disorder prevails over the process of developments regarding women's rights and the effects of the feminism approach; Rather, the reason for this dispersion is the domination of the atmosphere of post-modernism on the relations of subjects of international criminal law. Although the focus of international standardization is to advance the interests of governments, companies, and other actors, and on the other hand, each government considers the other government to be responsible for ensuring fundamental improvements in the protection of women's human rights; However, international law is neither conceptually nor procedurally gendered, and most of its provisions do not show any gender bias. https://www.jccj.ir/article_191523.html The direct relationship between variables such as unemployment and inflation and currency policies doubles the role of currency in the efficiency and effectiveness of the economic system. The undeniable effects that economic inefficiency has on public dissatisfaction with the custodian and sovereign governments show the special role of the currency system in the political economy of each country. Iran's economic system is a single product and dependent on oil exports, and economic sanctions have made it very difficult for Iran to earn foreign currency, which has an undeniable effect on the vulnerability of the currency system and the governments' inefficiency in managing the country's economic situation. This article deals with the impact of inefficiency in the foreign exchange system on criminal policy in the field of foreign exchange crimes with the qualitative method and discourse analysis through the review of cases, interviews of legislative, judicial and executive policy makers and laws, approvals and guidelines. According to the findings of the present research, in such circumstances, the criminal justice system tends to justify the its inefficient international policies that causes the sanctions and the existing problems in controlling the effects of economic sanctions by projecting and scapegoating several criminals, and the reason for the critical economic situation is attributed to their crimes, and then policy makers declare that public dissatisfaction causes the adoption of populist and strict criminal policies and using punishments such as execution and long-term imprisonment. In the short term, these populist actions may prove the will of the ruling system to reform affairs in the public eye, but since in this approach the problem is not expressed in structural corruption but in the existence of a few rotten fruits, no action has been taken to reform the inefficient and unscientific structure. https://www.jccj.ir/article_194203.html AbstractLeaving the action and its jurisdiction in the realization of crimes bound by the result has long been the place of discussion and various opinions by writers and experts. In this article, it was tried to explore the philosophical foundations of the problem based on a comparative view. As the research shows, the theory of criminality in the restricted crimes is based on the rule of cause and effect, and the understanding that omission is absence and absence cannot be an external realization is the difference in accepting or rejecting responsibility for omission. , ended and finally caused, including in Article 295 of the lawThe Islamic punishment approved in 2012, driven by morality and social expediency, only in exceptional circumstances and despite certain conditions, the perpetrator should be considered responsible for illegal consequences. Therefore, this article investigates the problem with a descriptive-analytical method, collecting information in a library method and with a comparative view, and finally it comes to the conclusion that the ruling on the responsibility of leaving the verb is an illegal and discretionary-exceptional ruling that should be The certain amount of cases should be limited and in these cases, the availability of special conditions should be verified. At the same time, a change in the style of writing and compiling legal materials is also seen as necessary. https://www.jccj.ir/article_203919.html The process of criminal investigation in Iran is carried out with the cooperation and coordination of the police and the judicial system, which is very important. The law on protection of children and women shows the signs of the difference in criminal policy in dealing with crimes against children in Iran's criminal law. Challenges and solutions of criminalization of state crimes are also discussed. It deals with the judicial challenges of the criminalization process in crimes against children and women in Iran, various issues such as the lack of accurate reporting of crimes, lack of legal evidence, delays in processing cases, lack of proper facilities to support the victims, and deficiencies in the training of judges and judicial staff. is paid. These challenges cause incapacity in the judicial process and the access of women and children to justice. In order to solve judicial challenges, it is necessary to pay attention to the formulation of laws, proper training of judicial employees, increasing public awareness and creating appropriate legal structures and organizations. In any case, to face these challenges, while strengthening the legal framework and improving the law enforcement capacity, it is necessary to increase data collection mechanisms and raise awareness about the rights of children and women in order to provide support services to them. https://www.jccj.ir/article_205879.html Abstract:1. Introduction: The prohibition of arbitrary arrest and detention constitutes a fundamental tenet withinlegal frameworks, asserting that the pursuit and apprehension of individuals must adhere strictly to thelaw and possess legal authorization. This necessitates explicit legal provisions, such as arrests based onthe commission of manifest crimes. Moreover, the issuing authority must be vested with theappropriate license and authority, while the arresting entity must similarly hold the requisiteauthorization. This article undertakes a comprehensive examination of the issue of arresting the accusedwithin the criminal systems of both Iran and France.2. Methodology: This study adopts a descriptive and analytical approach, employing the library methodto address the identified inquiries.3. Ethical Considerations: The research adheres to principles of honesty and trust throughout itsexecution4. Findings: The comparative analysis reveals that, within both criminal systems, the right to arrest anddetain the accused in combating crimes is granted. However, this right is bestowed exceptionally andsubject to specific conditions.5: Conclusion: Upon comparing the criminal systems of Iran and France, commonalities emerge, yetdistinctions exist, notably in areas such as the compensation afforded to individuals wrongfullydetained. This divergence underscores the nuanced nature of legal approaches within thesejurisdictions.Keywords: Arrest Order, Criminal Procedure, Rights of the Accused, Comparative Law. https://www.jccj.ir/article_205880.html During the period of independence, the countries of the South Caucasus passed their first new constitution in 1995 and amended these laws several times in the following years. The coincidence of these reforms with the escalation of tensions with neighbors; The domestic political atmosphere of these countries has affected the national interests of the neighbors. Considering this issue, the main question of this article is, what effect do the amendments to the constitutions of Azerbaijan and Armenia have on the national interests of the Islamic Republic of Iran? A comparative study of this issue shows the similarities and differences between these countries that may be experienced in other developing countries and neighbors. To answer the main question, the background of recent developments, especially the political atmosphere governing the main players and the legal consequences of any changes in regional approaches, as well as the international consequences of each reform, should be considered and analyzed. The main hypothesis of this article is that in South Caucasus countries, especially the Republic of Azerbaijan and Armenia, the design of a mechanism to stabilize the power of rulers, increase people's participation in governance and also prevent the influence of regional actors to interfere in the internal affairs of these countries. The analysis of the trends shows that these reforms have led to an increase in border tension between these countries and endangering Iran's national interests. The method of this research is descriptive-analytical. https://www.jccj.ir/article_205881.html In this research, we will investigate the developments of the political borders of Azerbaijan and Armenia and its impact on the national interests of the Islamic Republic of Iran with an approach to international criminal law. The research method is applied in terms of purpose and descriptive-analytical in terms of method. Considering the prohibition of resorting to force and the need for peaceful settlement of international disputes, which is explicitly recognized in the United Nations Charter as the most important goals and principles of the United Nations, the encroachment of countries on each other's territory is a serious violation of international rules and regulations. It is one of the United Nations Charter. Therefore, any country that seizes the territory of another country by resorting to force is condemned from the point of view of international criminal law. Considering the recent threats of the Republic of Azerbaijan to seize a part of Sivnik province of Armenia and cut off the land connection between Iran and Armenia, the national interests of the Islamic Republic of Iran will face serious challenges, so it is necessary for Iran to inform the international organizations and organizations about this issue. make it sensitive and prevent this from happening. https://www.jccj.ir/article_207860.html Abstract Since governance as a set of traditions and institutions within which the rulers act or as a method of establishing power in the economic, political and social institutions of countries or economic, political and executive management for the overall management of the country's relations in all The levels have been defined, therefore, the undesired nature of governance will undoubtedly include the effects and consequences of intentions at the individual, social, organizational and structural levels that will affect the society. Government crimes are a manifestation of bad governance by individuals, organizations and institutions. Government occurs. Since 1989, after the proposal of good governance by the World Bank, many thinkers have written in scientific forums, in this article, the necessity of good governance in reducing government crimes has been investigated with Graboski's approach. The research method used is descriptive, analytical and the method of collecting library and documentary sources. The research findings show that the risky and harmful behaviors of governments and considering the existing approaches regarding responding to government crimes and also the fact that In most cases, government crimes are caused by the bad governance of governments, the branches of good governance are presented as a model to respond to these crimes.Key words: governance, good governance, government crimes, Graboski, government crimes https://www.jccj.ir/article_210208.html Business is one of the activities that includes a wide range of professions and industries. Therefore, the existence of a lot of legal disputes seems quite obvious. In every case where traders conclude business contracts, due to the different interpretations of the contract and also the violation of obligations, disputes will not be far from expected. Business disputes may arise from any aspect, although some are more common than others. Thus, disputes and, as a result, commercial cases are considered an absolutely inevitable aspect of business relations. What is considered important is the use of a dispute resolution method that, while being cost-effective, easily accessible by using the binding power, resolves the dispute between the parties and also does not harm the commercial relations of the parties. The findings of the current research, which was carried out using a descriptive-analytical method, indicate that judicial proceedings in courts, arbitration and mediation are among the usual methods of resolving commercial disputes, each of which, according to the advantages and disadvantages they have, may be appropriate to the type of dispute and the goals of the parties. be used differently. https://www.jccj.ir/article_215573.html Iran's legislator is committed to the principles of criminalization, including public order, as well as the principle of proportionality of crime and punishment, and the principle of criminal treatment as the last principle. But in the field of industrial property and especially the trademark, the material element of the crime is extremely vague, which has caused a lot of perceptions and opinions to be raised in this field, while in American and French law, the examples of the material element of the crime have been precisely counted. Also, unlike the American and French laws, the punishment considered in Iran is partial and non-deterrent. This is because the trademark has a direct relationship with consumer health and trust and public order. In the stage of judicial proceedings in Iran, the criteria for verifying the possible misleading of the consumer have not yet been formed in a consistent manner, but the above criteria are clearly defined in American and French laws. The current research is applied in terms of its type and purpose, and descriptive-analytical in terms of its nature and method, and information was collected through document review and data collection. The findings of the present research showed that in Iranian law, contrary to American and French laws, the violation of rights resulting from inventions and industrial plans is criminalized and in addition considered unforgivable, and in the field of trade secrets, Iranian law clearly only covers trade secrets in space. Electronics has argued that the defense is incomplete, ineffective and non-preventive. While the violation of trade secret rights is considered a serious crime in the United States and France. https://www.jccj.ir/article_218618.html The increasing use of cryptocurrencies as a new financial tool has created numerous challenges in the legal and jurisprudential systems of countries. In Iran, these challenges are due, on the one hand, to legal gaps in the management of this technology and, on the other hand, to jurisprudential complexities in the legitimacy or illegitimacy of the use of cryptocurrencies. In the meantime, the phenomenon of money laundering using cryptocurrencies has become one of the serious risks to the economy and national security. This article, emphasizing the comparative approach in criminal jurisprudence and utilizing jurisprudential principles such as the rules of "no harm", "barrier of means" and "contribution to sin", analyzes the position and role of these principles in Iran's criminal policy for managing cryptocurrencies and preventing related abuses.The purpose of the research is to identify the capacities of jurisprudential principles in strengthening Iran's criminal policy framework for regulating cryptocurrencies and providing solutions to prevent money laundering. The research method is descriptive-analytical with a comparative approach and jurisprudential, legal and legal sources are used to provide comprehensive analyses. The findings of this study show that jurisprudential principles can provide a strong theoretical basis for regulating and formulating criminal laws specific to cryptocurrencies. The “do no harm” rule can be a justification for intervention in opaque cryptocurrency markets, while the “barrier of means” as a preventive tool has significant capacity to combat cryptocurrency money laundering. Also, comparing jurisprudential principles with similar examples in Islamic countries shows that the use of jurisprudential principles in criminal policy can contribute to more precise regulation and more efficient prevention. https://www.jccj.ir/article_219463.html Nowadays, most governments have a security-oriented approach dealing with some important crimes, especially crimes against national security and organized crimes. This approach is mainly manifested in the form of legislative and judicial criminal policy, and governments may use various tools to implement such policies. One of the tools that governments have always used to justify or implement security-oriented criminal policies is the mass media. In some cases, the mass media are effective in supporting government policies and in some cases, regardless of them, in realizing security-oriented criminal policy. Given the importance of the role of the media in this context, this article, using a descriptive-analytical method and based on library studies, has examined the role and position of the mass media in realizing security-oriented legislative and judicial criminal policy in two independent sections. This article findings show the mass media can be influential in each of the stages of drafting and approving laws with a security-oriented approach, and thus support the legislative criminal policy. In addition, in some cases, by mediating important crimes and reflecting the public's views on these crimes, the mass media can be influential in the three stages of preliminary investigation, hearing and issuing a verdict and execution of punishment, and play a role in supporting the security-oriented criminal judicial policy. All of these cases have direct or indirect effects on the rights of individuals. https://www.jccj.ir/article_224011.html The principles "Lā Yabṭul Damm 'Amri' Muslim" (The Blood of a Muslim Is Never Wasted) and "Al-Kharāj Bi al-Ḍamān" (The Benefit Carries Responsibility) are fundamental Islamic jurisprudential rules that play a significant role in Iran's criminal law system. The La Yubtal rule emphasizes the necessity of preserving rights and preventing the loss of human life, particularly by ensuring responsibility and compensation in crimes and offenses. In contrast, the Al-Kharaj bil-Daman rule is based on the principle of responsibility distribution and the obligation to compensate for damages, asserting that any form of benefit entails accountability for its consequences.This study, adopting a descriptive-analytical approach, examines the scope, foundations, and applications of these two rules in Iranian criminal law and analyzes their intersection in achieving justice and compensation. The research hypothesis suggests that these rules, besides their independent roles, complement each other in certain cases and serve as a foundation for strengthening criminal justice and compensating victims.Accordingly, the study seeks to answer the following questions: In which cases do these two rules intersect in Iran’s criminal law system? What interpretative and practical challenges exist in their application? And how can they be utilized to improve the compensation process in criminal law?The findings indicate that the interaction between these two rules can enhance criminal justice and protect victims' rights. Finally, recommendations are provided to improve judicial and legislative practices. https://www.jccj.ir/article_229208.html Abstract Any addition to the religion or subtraction from it, without a specific or general Shari'ah reason and basis and citing it to the religion, is considered heresy. Bid'ah is forbidden according to the jurists of all Islamic schools of thought. By looking at the evidence of ijtihad, we find that heresy that leads to apostasy or where the heretic invites people to his heresy is criminalized and the heretic deserves punishment. Sharia has supported religion as the goal of Sharia by identifying the criminal mechanism. In this article, jurisprudential information related to the criterion of heresy and the reasons for its punishment are analyzed in a descriptive and analytical way, and the opinions of jurists of Islamic schools are presented in this field. https://www.jccj.ir/article_229437.html Issue Statement: Terrorism today differs from the past in terms of goals and motivations. Committing terrorism with ideological motivations or backgrounds is one of the ways this crime occurs. This type of terrorism has legal dimensions concerning the accountability of the perpetrators and their trial and punishment, as well as extralegal dimensions such as its psychological analysis. Key issues for criminologists and psychologists to consider include examining the impact of various psychological structures (neurosis, psychosis, and psychopathy) on the commission of this crime and whether having a specific psychological structure can be the primary driver of its commission. Research Objective: The aim of this study is to answer the question of what factors are influential in the occurrence of ideological terrorist crimes and what methods can be employed to combat them through the lens of psychological mechanisms, as well as to elucidate the relationship between mental health issues and criminal behavior, which recent findings have highlighted in relation to these crimes and their perpetrators. Research Method: The research method is descriptive-analytical, in which the psychological analysis of this crime, its concept and characteristics, the definition of different psychological structures from a psychological perspective, the key variables influencing its commission, and the responses to ideological terrorism in the light of psychological analysis are studied. Research Findings: Through this research, ideology plays the role of a catalyst in the commission of this crime but is never the ultimate cause, as the necessary psychological readiness (mental health issues) must be present to facilitate its commission. Therefore, patterns of coping with it can be defined and implemented based on psychological mechanisms. https://www.jccj.ir/article_230797.html This research aims to investigate the goals governing the punishments that take away liberty and life. Every society, since its inception, has provided rights and privileges for its people and obliges everyone to comply with them. However, it is not the case that everyone always respects the rights of others and does not violate the rights and privileges of others. Now, if some people are not satisfied with their rights and disrupt the established order and balance by violating the rights of others, the society must react and punish such violators. Therefore, punishment is one of the factors of maintaining order and people's rights. This is why since the beginning of society, the penal system has been one of the foundations of every society. However, the limits of the realization of the goals of punishment in the punishments of deprivation of liberty and life are not clear. For this purpose, the current research has investigated and deeply investigated this category by using the analytical-descriptive method and with an inferential approach. The findings of the research indicate that among the punishments provided in jurisprudence and criminal law, the two punishments that take life and the punishment that take away liberty are among the most severe punishments. In predicting these two types of punishment, the legislator and the Shariah have taken into account different goals, which can be pointed out to reform the criminal, achieve justice, prevent repetition, etc. https://www.jccj.ir/article_232228.html Insurance fraud, as one of the prominent manifestations of financial crimes, not only disrupts the functioning of the insurance industry but also represents a serious threat to public trust. Despite certain points of divergence, such fraudulent acts share common elements with non‑insurance fraud and similar offenses such as deceit (tadlīs) and swindling (kolāh‑bardāri), while in some cases, the legislator has recognized insurance fraud as an independent criminal offense. This legal distinction—particularly in the context of insurance fraud—has produced dual effects on the consistency of judicial precedents and the proportionality of sanctions. Using a descriptive‑analytical methodology, this article aims to examine the concept of insurance fraud and to analyze and compare its criminal sanctions with fraud and other analogous offenses. The study demonstrates that, from a legal perspective, although the Iranian legislator under the 2016 Compulsory Insurance Act has expressly referred to the specific offense of “fraud,” the absence of an independent statutory definition of fraud and insurance fraud, coupled with the limitation of criminal provisions to motor‑vehicle insurance, the divergence in punishment from general fraud, and the lack of a coherent structural framework, have collectively led to fragmentation and weakness in criminal policy. Furthermore, analysis of the principle of good faith in contract law—particularly in the insurance contract—shows that operationalizing this principle can serve as a preventive guarantee against the occurrence of fraudulent and deceitful insurance practices. Finally, the paper recommends legislative reform inspired by Islamic‑jurisprudential and comparative legal foundations, aiming at the development of a unified legal framework to combat fraudulent behavior—with emphasis on the principle of good faith—especially in commercial insurance, supported by proportionate sanctions to enhance regulatory coherence and the effectiveness of criminal policy. https://www.jccj.ir/article_232233.html The premise of control theory is that people will commit crimes normally; unless the factor or factors prevent them from doing so; Therefore, the emphasis of this theory is on internal and external prevention tools. On the other hand, criminal policy in its full concept includes both punitive and repressive measures and preventive measures; The issue of how much preventive measures can be effective in reducing new crimes such as cybercrimes; Examining the extent of the use of these measures in the criminal policy of dealing with these crimes pays attention, and since the criminal policy of the United States in dealing with cybercrimes is more up-to-date than other countries; This article compares the criminal policy of Iran and the United States in the use of criminal and preventive measures to deal with cybercrimes using descriptive-analytical methods and library tools. The findings of this article show that the American legislator, in relation to the crimes of fraud and cyber theft, has taken advantage of criminal measures in a minimal, exemplary and unique way by criminalizing examples and considering a specific punishment for each example. ; But besides that, he has also paid attention to preventive measures; In the case of Iran's criminal policy, the legislator has not acted very carefully with general and unsubstantiated criminalization, criminalization and the use of criminal measures, and there is still a lot of work to be done to apply preventive measures using the teachings of control theory. . https://www.jccj.ir/article_238019.html Significant advances in genetics and biotechnology, in addition to positive therapeutic achievements, have paved the way for the emergence of new crimes whose nature differs from the traditional structure of criminal law. Unauthorized interventions in the human body, including genetic modification, cloning, and manipulation of biological structures, not only threaten human dignity but also pose serious risks to individual and social security. In criminal jurisprudence, principles such as the rule of no harm and the rule of maintaining order are the cornerstones of criminalizing such behaviors, showing that Islamic jurisprudence has a high capacity to respond to the challenges arising from genetic crimes. In the Iranian criminal law system, some regulations, such as the Islamic Penal Code and specific laws on organ transplantation or medical matters, have sporadically addressed this issue; But there are significant gaps in identifying, accurately defining, and determining appropriate enforcement guarantees.Focusing on the jurisprudential foundations and analysis of Iranian criminal law, this research attempts to explain the nature of genetic crimes and unauthorized interventions, examine the various dimensions of criminal liability of doctors and researchers, and respond to the ethical and legislative challenges arising from new technologies. Finally, by summarizing the findings, solutions for transparent legislation and coherent judicial procedure are presented. https://www.jccj.ir/article_241716.html Commercial courts, as one of the key institutions in the legal system of any country, play a significant role in resolving commercial disputes and protecting the rights of merchants and businesses. The formation of these courts is necessary in order to facilitate the process of dealing with commercial claims and to create a suitable legal platform for economic activities. In this regard, knowing the reasons for the formation of commercial courts from the point of view of the subject law, can help to better understand the legal structure and functions of these institutions. The reasons for establishing commercial courts are mainly due to the need for specialization in dealing with complex commercial claims, speeding up the judicial process and reducing the workload of public courts. Also, due to the ever-increasing developments in the field of trade and global economy, the existence of a special judicial system to deal with commercial issues guarantees legal security and investors' trust. In this article, a more detailed examination of the reasons for the formation of commercial courts will be done from the point of view of subject law, so that a deeper understanding of the importance and function of this institution in the legal system can be achieved. The findings of the current research, which was carried out using a descriptive-analytical method, indicate that resorting to judicial proceedings in commercial courts will facilitate the handling of cases and ultimately the issuance of specialized judgments.