Legislative Criminal Response Making in Support of Research Originality: A Critical Case Study of Two the Law and Provision

Document Type : Original Article

Author

Assistant Professor of Criminal Law and Criminology, The Institute for Research and Development in Humanities (SAMT), Tehran, Iran.

10.22091/diplic.2025.11660.1015

Abstract

Fraud in the preparation and presentation of research works is among the serious crimes and violations that cause serious damage to the indicators of knowledge development in the country, which is criminalized in Single Article on Prevention and Combating Fraud in the Preparation of Scientific Works Act, approved in 2017. This Act is plagued by shortcomings that pose obstacles to reforming the country's legal policy making in preventing and punishing violations and crimes against research. Among the shortcomings of the aforementioned Act in protecting intellectual property rights and research ethics are the wide scope of the exceptions stated in Note (5) of the aforementioned Act, limiting the preventive duties of institutions to research crimes and neglecting the duty to prevent research violations in Note 7, violating the principle of personal legal responsibility in Note 9 of the aforementioned Act, which unjustifiably violates the financial fees of law-abiding academics who serve students who have submitted their theses in a fraudulent or criminal manner away from the professors' eyes, and excluding students' research violations from the scope of the law and limiting themselves to their crimes in Clause (d) of Note 6 of the aforementioned Act. There are also criticisms to the “Instructions on How to Investigate Research Violations and Examples of Research Violations” (approved by the Ministry of Education and Research in 2014). This article, using the method of critical analysis of regulatory discourse, within the framework of critical legal criminology, criticizes some of the shortcomings of regulations supporting research ethics and highlights the role of the prevalence of “academic bullying” in exacerbating the weakness of research ethics regulations.

Keywords

Main Subjects

References

Alikhani, Sakineh; Habiba, Saeed; Alipour, Hassan and Elahimanesh, Mohammad Reza (2017).
“Challenges and Solutions for Criminal Protection of Fashionable Intellectual and Artistic
Creations (A Comparative Study of Legal Systems, Iran, France and America)”, Journal
of Communication Culture Studies, Volume 22, No. 56.
 
Atapour, Hashem (2023). Scientometric Databases in Iran and the World. First Edition, Tehran:
Samt Publications.
 
Delmas Marti, Miri (2019). The Great Systems of Islamic Criminal Policy, Translated by Ali
 
Hossein Najafi Abrandabadi. Fourth edition, Tehran: Mizan Publishing House.
 
Elesti, Kayvan (2017). "Study of the Role of Guidelines for Dealing with Scientific Misconduct
in Scientific Health", Quarterly Journal of Science and Technology Policy, Volume 4,
Number 4.
 
Esfandiari, Mohammad (2022). Book Studies; Research in the Field of Books and Book
Criticism. First Edition, Tehran: Nay Publishing House.
 
Keshavarz, Khadija [et al.] (2022). "A Sociological Perspective on the Occurrence of Sexual
Harassment in Universities", Iranian Bi-Quarterly Journal of Social Issues, Volume 13,
No. 2.
 
Khaghani Esfahani, Mehdi (2023). "Terminology of Academic Misconduct; Criminological
Critique of Imbalanced Academic Power Relations", Quarterly Journal of Criminal Law
Research, Volume 12, Number 45.
 
Khaghani Esfahani, Mehdi and Haji Dehabadi, Mohammad Ali (2013). “Indigenization of
Criminal Policy with Emphasis on Criticism of Major Western Models and Jurisprudential
Discourses of Criminal Policy”, Quarterly Journal of Jurisprudence and Fundamentals of
Islamic Law, Volume 46, No. 1.
 
Khalilollahi, Malika; Sadeghi, Mohsen and Moazami, Shahla (2014). "The Effect of Economic
Attitudes and Principles on Criminal Policy-Making in the Field of Intellectual Property",
Journal of Legal Research, Volume 23, Number 59.
 
Jamali Zavareh, Batoul et. al. (2018). “Analysis of the Regulations for the Promotion of Faculty
Members: Challenges and Consequences”, Iranian Journal of Higher Education, Volume
10, Number 1.
 
Marvati, Marzieh and Erfanmanesh, Mohammad Amin (2019). “Discrediting Scientific Outputs
and Examples of Research Misconduct”, Quarterly Journal of Ethics in Science and
Technology, Volume 15, Number 4.
 
Moradi, Amir (2023). Essays in the Ethics of Criminal Justice and Criminology. First edition,
Tehran: Mizan Publications.
 
Newborn, Tim and Trevor, Jones (2015). "Policy Transfer and Criminal Justice: Examining the
American Influence on British Crime Control Policy", translated by Mohammad
 
Javanbakht. First edition, Tehran: Majd Publications.
Insights of Intellectual Property Law in Islamic Countries
Volume 1, Issue 2 - Serial Number 2
September 2025
Pages 50-65

Files

Share

How to cite

Statistics