Criminal Law
mohammad akbari; Javad Sadati; Abdolreza Javan Jafari Bojnordi
Abstract
Utilizing the criminal procedure principles requires the identification of conceptual and practical aspects of it so that justice can be ensured and the abuse of power by those in authority can be prevented. Criminal procedure principles, on par with other aspects of social life, have been affected by ...
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Utilizing the criminal procedure principles requires the identification of conceptual and practical aspects of it so that justice can be ensured and the abuse of power by those in authority can be prevented. Criminal procedure principles, on par with other aspects of social life, have been affected by the reciprocity between liberty-oriented and security-oriented discourses. Hence, despite the importance of these principles and their prominence in criminal laws, the concept and instantiations of these principles remain ambiguous. Almost four decades have passed since the victory of the Islamic Revolution and in spite of the enactment of various laws, including the Criminal Procedure Code of 2013, a unified definition of these principles has not been provided. Various opinions and different judicial procedures in this area require a proper definition of the principles, along with the determination of their real instantiations. In this descriptive-analytical paper, a proper definition of procedure principles is presented, indicating that its classification into fundamental and non-fundamental categories is inaccurate and there should be one class of criminal procedure principles. Furthermore, considering the executive guarantees provided for the criminal procedure principles, and while enumerating their real instantiations, it is stated that the instances of these principles should be limited to cases that affect judicial proceedings, and not every provision can be considered as an instantiation of the aforementioned.
Criminal Law
Abdolreza javan jafari; mohammad norozei
Abstract
Media play an important role in responding to crime at different stages of criminal prosecution. The legislator's initiative in Article 96 of the Iranian Code of Criminal Procedure, is a clear indication of the activities of mass media in the preliminary research phase. According to this regulation, ...
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Media play an important role in responding to crime at different stages of criminal prosecution. The legislator's initiative in Article 96 of the Iranian Code of Criminal Procedure, is a clear indication of the activities of mass media in the preliminary research phase. According to this regulation, media with the release of the accused person's identity, have a significant role in advancing the preliminary research process. In fact, with the escape of the accused, the proceedings of the prosecutor's office will stop and by publishing the specification of the accused and arresting him/her again the prosecution will continue. On the other hand, with the media spreading and sharing the defendant's identity, especially where he/she has convicted numerous crimes, the victims will have the opportunity to lodge a lawsuit for his/her prosecution. Of course, the legislator, in view of the disadvantages of this operation, limits the media by series of legal rules. While explaining the functions and objections of the media to the identity of the accused at the research stage, the main purpose of this paper is studying these criteria to prevent any irregularities. The methodology of this research is descriptive, analytical and critical and has been used with genuine library resources. According to this study “The insertion of the accused's profile in the media has a judicial nature”. Yet it is necessary to ratify "The Executive Order of the Mode of Dissemination of the Defendant’s Identity" code, which includes such things as the rightful media to publish identity, number of ads published etc. and is developed by experts.
mohammad norozei; Abdolreza Javan Jafari; Seyed Mehdi Seyedzadeh Sani
Abstract
Although the sensitive task of security establishment is entrusted to the law enforcement agencies by the citizens, in emergency situations they could undertake this essential role. Subsection (1) of Article 45 of the Criminal procedure is an obvious example of citizen participation in the formation ...
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Although the sensitive task of security establishment is entrusted to the law enforcement agencies by the citizens, in emergency situations they could undertake this essential role. Subsection (1) of Article 45 of the Criminal procedure is an obvious example of citizen participation in the formation of public safety. Accordingly, citizens would assume the law officers task in arresting suspects who have committed crimes that are punishable by death penalty, life imprisonment, amputation and intentional bodily harms with half of the full blood price, Tazir grade Three and above, if they are committed the way that is referred to as witnessed. Therefore, every individual is entitled to apprehend wrongdoers. Of course, this kind of legislation is not far from criticism and ambiguity, because the legislator failed to make clear the legal terms of necessary prerequisites before, during and after the arrest. This could give rise to the deprivation of civil liberties, irregularities and undue interference in privacy. The aim of this writing is to investigate the frameworks of necessary conditions that must be followed in these procedures. Theoretical and comparative studies suggest that despite of the establishment of these institutions in the Iranian legal system, necessary rules and procedures in protecting rights of citizens and suspects are ambiguous.
