Criminal Law
Sina Rostami; Hamid Bahrehmand
Abstract
whistleblowing is one of the important tools in fighting corruption and strengthening transparency and justice in societies. Considering the limitations and shortcomings of official supervision, the need to discover organized and systematic corruption, facilitate the process of investigation and prosecution, ...
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whistleblowing is one of the important tools in fighting corruption and strengthening transparency and justice in societies. Considering the limitations and shortcomings of official supervision, the need to discover organized and systematic corruption, facilitate the process of investigation and prosecution, promote transparency and public trust, encourage prevention and fight against corruption, pay attention and focus on criminal policies. Participation has increased as a legal tool to encourage and support whistleblowers and strengthen whistleblowing. Iran's legal system took its first step in this field by offering financial support to whistleblowers, but its action is only based on the support aspect. Therefore, in an efficient and systematic manner, it has not been able to use the functions and capacities of the collaborative criminal policy in relation to the disclosure of corruption as it should and deserves; Because the use of collaborative criminal policy capacities requires other efficient and systematic legal measures and platforms. For this purpose, the current research, based on descriptive and analytical methods and based on library sources, concludes that the use of collaborative criminal policy capacities with the fundamental and fundamental challenge of the lack of measures and criteria for determining the scope of the whistleblower, the scope of the whistleblower, the method of whistleblowing is to protect the whistleblower, which is neglected in the mentioned plan. In this regard, the present research, while explaining and analyzing the challenges facing the legislator, in the light of the solutions adopted by other leading and pioneering countries in this field, provides measures and criteria to overcome the challenges. It helps to facilitate the legalization of corruption disclosure in Iran's legal system.
Criminal Law
vali rostami; Sina Rostami; Hasan Kabgani
Abstract
The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be ...
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The point of departure for the law and the sign of adherence to the rule of law is the existence of a constitution in any country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the Judiciary. Nevertheless, the Guardian Council seems not to be fully in line with the principles of fair trial enshrined in the constitution. Because by reviewing the legal and fundamental principles of the Code of Criminal Procedure, approved in 2013, one may easily realise that some of the provisions of this law are in conflict with the principles of fair trial enshrined in the constitution. Accordingly, it seems necessary to analyze the existing conflicts as well as to examine the possibility for court judges to invoke the constitution, as well as the non-implementation of legal articles contrary to the principles of the constitution. The present study uses a descriptive-analytical method to measure the compliance of ordinary laws related to the principles of superior proceedings and in case of changes and non-compliance, to describe the guarantee of implementation of these discrepancies. The results indicate that the Code of Criminal Procedure, passed in 2013, despite the great progress made in observing the principles of fair trial enshrined in the constitution, in cases related to the right to appoint a lawyer and the publicity of dealing with political and press crimes, the principles related to the separation of powers and other cases, still contain sentences contrary to the spirit of the Constitution.