https://www.thdad.ir/ Culmination of Law en daily 1 Fri, 20 Feb 2026 00:00:00 +0330 Fri, 20 Feb 2026 00:00:00 +0330 https://www.thdad.ir/article_734204.html The immunity of the lawyer in the position of defense is recognized in the legal systems of Iran and the researched countries, with differences and sometimes contradicting each other. In the laws and jurisprudence of the studied countries, the application of this privilege faces minor conflicts, but in the legal system of Iran, the legal immunity of a lawyer, despite numerous laws and regulations and a relatively long history, is still a vague issue and sometimes conflicts with responsibility. He is known as a professional and civil lawyer. Opponents of the lawyer's immunity, based on the principle of equality of all before the law, consider it necessary that in the event of a disciplinary violation, causing harm to others or committing a crime by a lawyer during the practice of law, he should be prosecuted or held accountable. However, the legal system of the studied countries, relying on the long judicial procedure regarding the professional immunity of the lawyer, has been able to achieve a clear definition of it and act correctly and effectively in confronting the immunity with the responsibility of the lawyer, and by specifying the limits and loopholes. It will reduce the conflict and limit the possibility of abusing this legal advantage. In Iran's legal system, despite the relatively long legislative history in the field of legal representation, the lawyer's judicial immunity is still known to be ambiguous and sometimes in conflict with his responsibility. The purpose of this research is to identify this legal privilege and how to apply it in case of conflict with the professional responsibility of the lawyer, which was done by studying the regulations, judicial opinions and the theories of jurists of the researched countries in a comparative method. https://www.thdad.ir/article_734207.html The defendants usually claim to be exempt from criminal responsibility while citing mental disorder at the time of the crime. In our country, only the basic lawyers of a judiciary are allowed to pursue judicial issues, and in Canada, due to the separation of the types of lawyers, even civil lawyers are able to support the accused. This research was conducted in an analytical-descriptive way and its purpose is to compare the appropriate support measures for defendants with mental disorders in the two legal systems of Iran and Canada. In Canada, the protection restrictions for defendants are much less than in Iran, and therefore, it is easier to pursue all the administrative-judicial issues of the defendant. Despite the fact that mental disorder at the moment of committing a crime is considered a factor in removing criminal responsibility and both Iranian and Canadian legal systems have accepted it, there is no acceptable proof procedure for this in Iran and it is practically possible to use Article 202 of the Criminal Procedure Code. Does not exist. In Canada, there are procedures for proving the mental disorder of bipolar disease with high confidence, and if it is confirmed by the forensic medicine, it is possible to easily remove the criminal liability of the accused. https://www.thdad.ir/article_734219.html Accusation, as the main stage of the criminal process, which can be considered as the beginning or, in other words, the gate of criminal justice, is influenced by criminal justice systems and processes, and as a result, this influence plays an important role in the beginning and subsequent stages of the criminal process. The current research, which was compiled with descriptive-analytical method after examining the criminal justice systems and processes, concludes: the indicators of the accusation are different according to the system and the governing process of the proceedings, so that in a general perspective, in the Roman-Germanic prosecutor system, there is no He did not have a role in the accusation stage and he has to carry it forward, while in the common law system, the prosecutor can refuse to accuse in some cases. In the control-oriented criminal justice process, any reaction against order and security is faced with accusations, while in the dignity-oriented process, accusations are based on the sufficiency of evidence system and are done with caution and according to the prevailing suspicion of committing a crime. Finally, in the combined process, in crimes with private dignity, the accusation is similar to the dignity-oriented process, and in crimes with public dignity, including crimes against sovereignty, the accusation is similar to the control-oriented process. After examining the indicators of accusation in criminal justice systems and processes, respectively, the common law system and the circuit control process have a greater proportion with the desired indicators of accusation, evaluation and conclusion. https://www.thdad.ir/article_734249.html In the last decade, with the advent of blockchain technology and digital currencies, cryptocurrencies emerged as an independent virtual currency in the global financial market. These cryptocurrencies, including Bitcoin, Ethereum, and Ripple, are used as an alternative to traditional currencies such as the dollar and euro. However, the legal and legal status of cryptocurrencies in Iranian law and international economic law is still an issue full of ambiguity. The purpose of this research is to investigate and evaluate the comparative position of cryptocurrencies in Iranian law and international economic law. This research, which was carried out in a descriptive-analytical and comparative way, has tried to answer the question, what are the different and common aspects of Iranian law and international economic law regarding cryptocurrencies? By using related sources and analyzing relevant laws and regulations, the results of this study show that currently, the legal status of cryptocurrencies in Iranian law and international economic law has not yet been fully determined. However, due to the increasing growth of the cryptocurrency market and international trade, the need to determine relevant laws and regulations is felt both at the level of Iran and at the global level. Examining the legal and legal obstacles shows that issues such as determining the rights and obligations of the parties, property rights and consumer rights require careful attention and consideration. https://www.thdad.ir/article_734251.html One of the conditions of validity of the transaction is the legitimacy of the transaction, which in Iranian and Egyptian law, the existence and legitimacy of the transaction must be necessary when concluding the contract, otherwise the contract is void due to lack of subject. This is despite the fact that in Egyptian law, it is necessary to specify the purpose of the transaction, but if it is not specified, it must be legitimate, otherwise the transaction is correct. Therefore, in this research, according to the Egyptian law, which considers the illegitimacy of the territory of the contract and agreement to be null and void, while comparing the views of some Iranian and Egyptian jurists, the validity and nullity conditions in transactions are examined. Of course, with a comprehensive view, trying to use the strengths of Egypt in Iran's legal system and examining the weaknesses in each of Iran's and Egypt's legal systems will be examined and compared in response to the questions and hypotheses in this article. https://www.thdad.ir/article_730543.html The phrase "like a Jenayat" in the Islamic Penal Code is one of the ambiguous concepts that have been interpreted differently. According to the opinion accepted in this article, the said phrase does not refer to the method of committing the “Jenayat” and has nothing to do with it; Also, the above-mentioned phrase refrains from discussing the Mistake in the purpose, and it cannot be considered that theMistake in the purpose is intentional by referring to it. The accuracy of the phrase like a Jenayat shows that the opinion of the legislator is similar to the intent of the perpetrator of the crime, and therefore, in the crime of murder, which has no equivalent, such a phrase will have no meaning and can only be imagined in a crime against the body part. ; In such a way that if the perpetrator intends to destroy or injure a specific body part, but a body part similar to the intended body part is destroyed or injured, the committed crime will be intentional. Also, the criterion for distinguishing the said phrase is only custom; In such a way that the custom considers the intended crime and the actual crime to be so similar that the intention of each is considered sufficient instead of the other. Like when the perpetrator intends to blind the victim's left eye, but his left eye becomes blind. Therefore, if the perpetrator intends to commit a serious crime, but the actual crime is milder than that, the actual crime cannot be considered intentional because he intended to commit a more serious crime. Like if he intends to blind the victim's eyes, but in practice his behavior causes the victim's knuckles to be cut off. https://www.thdad.ir/article_734330.html In line with the goals of criminal law, the law has provided some special restrictive and punitive provisions, such as criminal security order, judicial supervision order, arrest of the accused, entry into closed houses and places, their search, etc. Contrary to the teachings of human rights, sometimes the judicial or police authorities, during the criminal proceedings, punish the person involved in the criminal case in excess of what he deserves, and in this way they threaten and limit the fundamental rights and freedoms of the people. In this reasearch, it is determined by descriptive-analytical method that punitive measures may be committed in the form of illegal arrest, criminal security arrangement leading to unjustified arrest, unjustified preliminary arrest order, judicial statistical interpretations, ideological and security-oriented interpretations, extreme involvement of persons involved in criminal matters, etc. By examining the judicial procedure, it is clear that some unauthorized punitive measures are discovered and answered. But there is also the possibility of not being discovered and not being able to respond to some other behaviors. These measures weaken the rule of law, undermine the legitimacy and acceptability of the criminal justice system, reduce public trust in the criminal justice system, increase the criminal population, increase the number of criminal cases, etc. Policy-making at the three legislative, judicial and executive levels in the form of culture building, judicial ethics expansion, clear and unambiguous regulation, explaining the principles governing criminal laws in laws and external prior and posterior supervision, can be the solution to overcome this dilemma. https://www.thdad.ir/article_723128.html The emergence and use of autonomous weapon systems are one of the expressions of the rapid evolution of modern war technologies. Despite the fact that international humanitarian law is responsible for determining certain limits in the field of the use of methods and means of combat; regarding this nascent weaponry, there is still no rule yet. In the absence of rules governing the use of autonomous weapons in the battlefield, it is the fundamental principles of international humanitarian law that can be the conductor and guide of the international law system in regulating the behavior of states in this field. According to this, the compatibility and collation of the possibility of using autonomous weapon systems in accordance with the fundamental principles of international humanitarian law can determine to some extent the general position of international law regulating behavior in war (ius in bello) for the use of this type of weapon. The present article, tries to provide an answer to the question, to what extent is the use of autonomous weapon systems compatible with the fundamental principles of international humanitarian law, with the analytical-descriptive method? The hypothesis of this article is that currently, the use of autonomous weapon systems is not compatible with the fundamental principles of international humanitarian law. The findings of this research show that in the use of autonomous weapon systems, it is not possible to observe the principles of distinction and proportionality and the principles of military necessity and humanity cannot be applied to these types of weapons. However, it is possible that future technological advances could enable autonomous weapon systems with more accurate comply with the fundamental principles of international humanitarian law. https://www.thdad.ir/article_710003.html Committing a crime may happen with the help of a supervisor, or with the help of an agent, or the association of a cause and an agent, and the level of responsibility of the perpetrators is of great importance in jurisprudence and criminal law. From the point of view of jurists, in the society of the cause and the steward, the principle is the responsibility of the steward, and the issue of legitimacy is raised, which the Islamic Penal Code of 1370 is based on. Is located. In the Islamic Penal Code of 1370, in the association between the cause and the guardian, the guardian was the guarantor unless the cause was strong. or share and the issue of distribution of responsibility was brought up and the legislator in 2013 in the discussion of the community of cause and effect easily disagreed with the opinion of the famous jurists and ignored the issue of legality on which there was even a claim of consensus among the jurists, which showed signs of changes in the procedure. We consider judicially. https://www.thdad.ir/article_717678.html The present essay has analyzed the well-known hypothesis of jurists regarding the conditionality of durability in the validity of endowment, with a descriptive-analytical method. For this point of view, evidences such as the consensus, the adoption of tabīd in the nature of endowment, the use of the word endowment in ravayat, intellectual obstacles and some special ravayat have been mentioned. Their analysis has come to the conclusion that none of them can prove such a claim. The main reason for requiring this condition is the consensus of madraki, and it even has opponents, even from the predecessors. The special evidences and the established ravayat are not able to prove such a claim because according to the evidence, the nature of endowment did not require the necessity of tabīd, and the word endowment did not have such a meaning neither in terms of words nor modification. Another result is that according to the basis of jurists who consider endowment as a type of possession, since it is a property of credits, there is no prohibition that can be limited, and according to the basis of tahibis or iqaf ain it is general and includes both permanent and temporary Or it is interrupted and special ravayi evidences have considered it subject to the will of the endowment. Lastly, durability is a requirement of the definition of endowment, not that it is required of its essence, and it was clarified carefully in the expressions, discussion and arguments of the jurists in the issue of interrupted endowment According to the basis of the conditionality of durability in temporary endowment, the view of correctness as endowment in interrupted endowment also faces problems. https://www.thdad.ir/article_247310.html it is always one of the most important needs of any society to have healthy and standardized foodso that whenever the people of the society need itit will be available to them in sufficient quantities. Since the production and supply of healthy food among the members of society is one of the most important goals of governments and in order to advance the goals of any society, it is necessary to have healthy and standard food items, so this issue has always been of great importance. One of the most important concerns of the author is to know the elements and factors of crimes related to unhealthy and non-standard foods and how to determine the guarantee of implementation for the production and distribution of unhealthy and non-standard foods. In the investigation of the professional profession, it has been decided that the theoretical review of Iran's criminal criminal policy should be investigated in order to better understand the issue and provide appropriate solutions to remove the existing obstacles. However, the results of these measures have led to the conclusion that the original lawwhich is cited as a reference, has lost its effectiveness over time in many cases, https://www.thdad.ir/article_701819.html Restoring the former status, which is implemented as a result of the invalidity of judicial rulings, is one of the judicial processes, which can have different effects from the contractual and legal aspects of the nature of the judicial relationship. The nature of the judicial relationship from two contractual and legal points of view is one of the topics that have always been the focus of legal scholars and lawyers throughout the history of the evolution of the concepts and principles of civil proceedings. Some believe that civil proceedings are private, relying on the features included in private law, including the contractual nature of the rights and duties of the parties and its applicability to the subject of civil proceedings. Therefore, from this point of view, the issue of restoration to the previous situation should be considered as one of the pillars of the contract, for example, cancellation, rescission or rescission. On the other hand, some people deny the contractual nature of the proceedings, believing that the settlement of disputes between persons under the rules of civil procedure is a sovereign practice and the rights and duties of the litigants are rooted in the principles and procedures contained in the rules and regulations of the proceedings. they give. https://www.thdad.ir/article_705153.html Football in people's lives today is no longer just a sport, it is considered to be an industry, business, and a part of the identity and mental concerns of citizens. Therefore, the decisions of football judicial bodies can have many different sports, social and economic effects. A fact that makes it inevitable to guarantee a fair trial in these authorities. In general, if a trial follows a fair trial principle, it will qualify as a fair trial. The principles of proceedings are either general and comprehensive or special standards of proceedings. In this article, the emphasis is on the specific standards of fair proceedings in the field of football, which can be applied to football sports proceedings. Therefore, the questions of this research that are addressed in a descriptive-analytical way are: What are the special principles and criteria for a fair trial in the quasi-criminal field of football? To what extent are these standards and criteria provided and guaranteed in the disciplinary regulations of the football federation governing its judicial elements? The standards governing the stage of filing a lawsuit and the standards governing the proceedings are two special standards of football disciplinary (quasi-criminal) proceedings that the realization of which in Iran's sports judicial system requires a revision of the regulations of that field. https://www.thdad.ir/article_717838.html Protecting the environment as a national wealth is considered a public duty, the responsibility of which is assigned to the governments according to the basic laws. This research was done by analytical-descriptive method and the research question is what are the administrative procedures for dealing with crimes in this area in Iranian and French laws. It was concluded that the environmental organization of our country is independently under the supervision of the presidency and, like the French Ministry of Environment, does not have a ministerial budget. At the same time, the people's representatives do not have the right to ask questions or impeach the senior officials of the mentioned organization. The technical and specialized facilities of the Environmental Organization cannot be compared to the modern facilities of the French Ministry of Environment. In our country, there is no legal protection for the environmentalists and the committing of typically deadly acts by the environmentalists has distorted the principle of their innocence, and sometimes they have been ordered to pay ransom and retribution, which in general reduces the motivation to deal with environmental vandals. In France, the report of the environmental organization is an official document, and while respecting the principle of acquittal, the prosecutor's office issued a suspension of investigation based on this report, and the judicial process ends. https://www.thdad.ir/article_718761.html The social damage caused by the execution of prison sentence on the prisoner and his family, the high economic cost of the execution of prison sentence, the ineffectiveness and ineffectiveness of prison sentence on some criminals, etc. It has been an alternative to imprisonment. Nevertheless, Iran's judicial system, in terms of the relatively new emergence of the issue of alternative punishments to imprisonment, while having opportunities, always faces various legal and executive challenges as the case may be, in the stage of issuing a sentence and executing it. is facing In this article, the authors, using a descriptive-analytical and library method, have reached the conclusion that the judges of the courts Criminal law at this stage has various legal ambiguities, especially in terms of the reproducibility of alternative imprisonment punishment, the multiplicity of intentional crimes in certain cases, the extension of the regulations related to public services to other alternative punishments, the conditions for applying alternative imprisonment punishments, etc. It has been faced that in this article, they have explained those objections and then presented a suitable and logical solution for each of them, in order to revise and amend the law https://www.thdad.ir/article_718770.html Objectives: One of the concepts of public law is good governance, which is essential to examine in the judiciary and prison, and therefore, in this article, we examine the basic components of good governance in the prison institution in Iran and suggest strategies for its implementation.Methods:The current study follows the analytical descriptive approach to answer the research question.It has analyzed the three main components including the rule of law, efficiency and effectiveness and participation in the prison institution in a descriptive and analytical method while explaining the concept of good governance components and at the end, suggestions have been made in order to promote good governance in a strategic manner. .Results: The most important document in this field is the executive regulation of the prisons organization and security and educational measures of the country, on which all the judicial affairs of the prison are based, which was proposed to be converted into a law approved by the parliament. Regarding the efficiency component, the management in each complex should be the most efficient by using the least resources, and in this area, the quantitative and qualitative increase of electronic courtrooms and the presence of judges in prisons are suggested. In principle, the participation of new ideas in the field of government is towards minimization and at the same time agility, and prison management is no exception to this rule. In order to achieve this goal, it is recommended to strengthen the prisoners' support association, Diya headquarters and the post-exit care center in a centralized way and take targeted measures in cases of its use.Conclusion: Good governance in the field of prisons and especially regarding the investigated components is being implemented to some extent and can be applied and can help to manage prisons as well as possible. https://www.thdad.ir/article_724016.html If an injury is inflicted on a person due to assault or any other cause, the perpetrator is obligated to compensate it by paying Diyah or Arsh, as the case may be. But, when a person is in a situation like fighting sports such as boxing, taekwondo and karate and an injury is caused to him, can we definitively claim that compensation should be paid? In fact, the injured person has entered the combat match with his will and consent, which casts doubt on the entitlement to compensation. On the other hand, if we consider that a person owns their own body, the issue arises as to whether they have the right to harm or damage their own body. Therefore, can a person participate in a competition that might harm their body with their consent and claim compensation in case of injury? In this article, through the descriptive-analytical method (library study), an attempt has been made to answer the main question, whether a person is the absolute owner of their body and can they accept any kind of harm to it, and if so, what effect does the consent of the injured party have on the payment of compensation? In the meantime, what is considered as a solution in this research is civil liability insurance. However, the findings of the research showed that there is no specialized insurance in combat sports, and all available resources in all departments should be utilized to ensure that all aspects of combat sport are covered by insurance. https://www.thdad.ir/article_724022.html Following an Iranian lawsuit against the United States in the International Court of Justice (ICJ) over the downing of an Airbus aircraft on 17 May 1989, the two States reached an agreement on 22 February 1996, to withdraw the case. Under the agreement, Iran will refuse to pursue any legal action in exchange for compensation to the victims of the accident. The purpose of this article is not to re-examine the unknown dimensions of why and how the process leading to the conclusion of the agreement, as it calls for another broad opportunity. The question that arises in this article is that despite the fact that more than 24 years have passed since the agreement, is it possible to legally pursue the claims of the families of the victims through the Iranian legal system. At first glance, it may seem that the basis for the two States' agreement to return the case to the ICJ was to remove any legal action from Iran's agenda. However, given the existing capacity of the Iranian legal system and, more specifically, the Jurisdiction of the Judiciary of the Islamic Republic of Iran to Conduct Civil Cases Against Foreign States Act, it seems possible to pursue possible legal claims by the families of Iranian victims. https://www.thdad.ir/article_727716.html Unlike proceedings in judicial authorities, the way of violating the decision in Arbitrations is only possible through annulment and the second point is that there is a fundamental difference between Revision and annulment, as well as between these two institutions with revision of opinion. It is not possible to appeal in arbitrations. Annulment of the award issued in ICSID requires compliance with the rules and principles specified in the convention. Documented in paragraph d (1) of article 52 of the convention, one of the reasons for annulment of the decision in the ICSID is the appeal of the annulment petitioner to hat there has been a serious departure from a fundamental rule of procedure. The mentioned article refers to the generalities of this matter and has left the discovery and inference of its examples and differences to custom and practice. The current article, which is done in a descriptive-analytical way, in order to answer this question, what are the examples of violation of the basic rules of proceedings. For this purpose, we have started to study the procedure of ICSID. The result is that, firstly, the scope of the examples is not statistical and limited, and secondly, the examples must have serious and fundamental characteristics, and thirdly, the examples cited in the ICSID procedure include the violation of the right to be heard, the issue of evidence and the burden of proving evidence, non-observance of independence and impartiality. The jury and the lack of enthusiasm among the members of the jury https://www.thdad.ir/article_730080.html Despite of many documents at international and regional conventions in the field of marine environment pollution control, the presence of warships in the sea (in peacetime) prevents the control of marine environment pollution. There are a significant number of warships in the Persian Gulf, and some of these ships cause more pollution than a city with a significant population. Garbage dumping in the sea and sonar are types of pollutants that directly and indirectly harm the marine environment. The pollution caused by the warships has challenged the activities of the marine environmental pollution control conventions. In this research, a descriptive analytical method is used using library and internet resources. Although international conventions strive to protect the marine environment, warships with the immunity contained in Articles 32 and 236 of the Convention on the Law of the Sea (1982) have always exposed the marine environment to pollution, which in practice It will prevent the implementation of these conventions. The findings show that although warships are immune from attack and have immunity according to the UN Convention on the Law of the Sea, this immunity cannot prevent the payment of related costs based on international civil liability. Therefore, warships should pay the damages caused by marine pollution with a specific mechanism https://www.thdad.ir/article_730748.html In today's era, technology and innovation are vital factors in increasing the competitiveness of businesses. This research aims to investigate the role of technology and innovation in strengthening the competitiveness of Iranian businesses and analyzes the impact of factors on economic development, citizenship rights and improving social conditions. In this research, investigating the role of technology and innovation in increasing the productivity and efficiency of businesses, analyzing the challenges and opportunities related to the adoption and implementation of new technologies in Iranian businesses; And the factors that affect the success or failure of these businesses in implementing innovations have been investigated. Also, government policies and support and their role in strengthening business competitiveness and encouraging innovation have been reviewed. The main question of the article is;How can technology and innovation help to strengthen the competitiveness of Iranian businesses and what effects do they have on citizenship rights and economic development? The results of this research show that the adoption and implementation of technology and innovation can lead to strengthening the competitiveness of Iranian businesses, improving economic and social conditions, and strengthening citizenship rights.Also, formulating and implementing appropriate support policies, strengthening technological and educational infrastructures, and promoting innovation culture are considered as key factors in realizing these goals. This research uses descriptive-analytical research method. This method is used in order to accurately describe the current situation and analyze different aspects of the role of technology and innovation in strengthening the competitiveness of Iranian businesses and its effects on citizenship rights. https://www.thdad.ir/article_731623.html چکیدههدف و زمینه: یکی از جرایم دارای آثار روانی مخرب قتل زنجیره ای است که بیشتر جنبه روان شناختی آن بر جنبه حقوقیش تفوق دارد از این روست که دست یابی به یک تعریف دقیق و یک پارامتر معین در تعیین مفهوم آن کار بسیار دشواری است. بر این مبنا، در این پژوهش با هدف بررسی علل روان شناختی موثر بر ارتکاب قتل های زنجیره ای و ارکان این قتل ها با مداقه در پرونده ی مهین قدیری بعنوان اولین قاتل زنجیره ای زن پرداخته می شود.روش: روش تحقیق در این پژوهش، کیفی و مبتنی بر رویکرد توصیفی ـ تحلیلی است. گردآوری داده‌ها به‌صورت کتابخانه‌ای و اسنادی انجام گرفته است. بدین منظور، از منابع نظری شامل کتاب‌ها و مقالات در حوزه روان‌شناسی جنایی، جرم‌شناسی و حقوق کیفری، همچنین از پرونده قضایی و گزارش‌های رسمی منتشرشده درباره پرونده مهین قدیری بهره‌گیری شده است. شیوه تحلیل داده‌ها بر اساس تحلیل محتوای کیفی بوده و تلاش شده است با مقایسه داده‌های نظری و شواهد پرونده، عوامل روان‌شناختی مؤثر بر ارتکاب قتل‌های زنجیره‌ای مورد بررسی قرار گیرد. قلمرو مکانی تحقیق استان قزوین و قلمرو زمانی آن دهه ۱۳۸۰ تا زمان بررسی پژوهش حاضر است.یافته ها: دستاوردهای پژوهش نشانگر آن است که از مسائل مهم حقوق کیفری، تاثیر عامل های روانی در مرتکب شدن جرم قتل و مسئولیت کیفری قاتلان می باشد. چه بسا شناخت اختلالات روانی میتواند در بررسی چگونگی ارتکاب جرایم، مقابله و برخورد دستگاه عدالت کیفری و جلوگیری از تکرار جرم مفید فایده باشد چرا که گاهی مواقع ارتکاب جرم توسط مجرمی که مبتلا به اختلالات روانی است منجر به رفع مسئولیت کیفری و مجازات وی میگردد.نتایج: مشارکت دادن نهادهای مدنی و اجتماعی و بهره گیری از کمک های آن ها در جهت از بین بردن اختلالات روان شناختی و هم چنین تقویت و توسعه https://www.thdad.ir/article_731824.html Due to the importance of fatwa, the criteria and conditions for issuing a fatwa have been determined by jurists. And in some Islamic countries, including Malaysia, Jordan, Brunei and Indonesia, due to the important effects of ifta on various political, economic, social and cultural aspects and in an effort to "standardize ifta", limitations have been identified in this regard. And based on that, fatwa outside the framework has been criminalized. In Iran's criminal law, according to Article 526 of the Criminal Code and other articles related to the guarantee caused by tasbib, the agent who is documented to have committed the crime will be responsible for the guarantee of the crime And according to the culpability and degree of blameworthiness of various factors, custom will be responsible for this citation. In cases where the mufti and the operator of the fatwa are intentional or at fault, they are definitely responsible for the crime. In the criminal law of Malaysia, if the implementation of a fatwa causes a crime in the presence of intent or the mufti's fault, the crime can be attributed to him In Malaysia, the "Fatwa Committee" is the only legal authority for issuing fatwas, and anyone who issues a fatwa outside of the Fatwa Committee is a criminal. In Iranian law, illegal issuing of fatwas is not criminalized . This article, with Descriptive-analytical and library method, aims to analyze the possibility and method of punishing the mufti and the operator of the fatwa in the two countries of Iran and Malaysia. https://www.thdad.ir/article_733105.html In Iranian law, the terms, obstacles, appointment and dismissal of managers and their position in non-commercial institutions such as commercial companies have not been considered by the legislator; However, the explanation of these issues plays a significant role in determining the limits of authority and responsibility of managers and, following that, the responsibility of an institution, which highlights the need to analyze the management pillar. In contrast to English law, it has acted more responsibly towards non-commercial institutions, which are known as non-profit organizations in this country, and has developed more detailed and codified laws and judicial procedures compared to Iranian law; Therefore, examining the laws of this country from a comparative point of view, it can be effective for the purpose of reforming the laws of Iran or creating legal doctrine.The results of the present research, with reference to the library-analytical method, show that in the legal system of Iran and England, to explain the conditions, obstacles, and the method of appointing and dismissing managers, we must refer to the general laws and the ruling judicial procedure, and only in some cases to the laws Especially regarding some types of non-commercial institutions (non-profit organizations) and in the laws of both countries, the position of managers is also explained based on contractual representation. with the difference that in English law, the position of managers in relation to the organization and members is based on contractual representation, but in relation to third parties in good faith, it is based on the theory of unity; In this way, all the actions of managers in front of third parties in good faith are valid and guarantee for the respective organization, unless it is proven against the good faith of the third party. https://www.thdad.ir/article_733111.html The right to a fair trial is a fundamental right in the international human rights system, and the concept of judicial independence has also been identified as one of the requirements for achieving fair trial. Although judicial independence is an aspect of the rule of law in a democratic system and is rooted in the principle of separation of powers, it has also been raised as a human right under the right to fair trial.The European Court of Human Rights, as an observer body for implementation of the European Convention on Human Rights, has faced numerous cases regarding alleged violations of the principle of fair trial and, therefore, can have an enlightening procedure regarding the explanation and elements of the principle of judicial independence. Therefore, the main issue of this article is how the European Court of Human Rights has attempted to explain the concept, criteria, and legal frameworks of the principle of judicial independence in its jurisprudence.Present studies that are the result of a descriptive-analytical research show that the European Court of Human Rights, mainly in its cases on the subject of alleged violations of the independence of judges, has provided a specific definition of it and listed criteria for it, which mainly include apparent independence and protection of judges against external pressures, the method of appointment, the term in office, and the dismissal and appointment of judges. Some cases have also addressed the inextricable connection of the abovementioned principle with good governance frameworks in a democratic system, such as the rule of law.