bagher shamlo; majid moradi
Abstract
There are some approaches in Criminal law changes. The first is offense-oriented, and then offender-oriented and finally victim-oriented. Offender-oriented has concentrated on protection of accused's rights in the sight of fair trial and after securing these rights relatively has trended to victim-oriented ...
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There are some approaches in Criminal law changes. The first is offense-oriented, and then offender-oriented and finally victim-oriented. Offender-oriented has concentrated on protection of accused's rights in the sight of fair trial and after securing these rights relatively has trended to victim-oriented approach. Iran criminal law system has also affected by these approaches, but it considers victim's right before securing innocent suspended, accused and convicted's rights properly. According to the weakness of Iran Jurisprudence in enforcing content of article 171 of Iran Constitutional Law and article 58 of Islamic Penal Code of Iran, 1370, this study considers and criticizes the practical process of compensation of innocence suspended and accused and its effects in present and future criminal procedure system (Criminal Procedure Act, 1392 and The Islamic Penal Code of Iran, 1392). Changes in substantive and procedural law in 1392 cause to some inconsistencies in the process of compensation of judicial victims which seems that article 30 of The Supervision on Judges' Manner has abolished.
Bagher Shamlou; Majid Moradi
Abstract
Pondering about how to achieve a due process of law, especially in relation to a maximum protection of judial mistakes victims, continues, as a legislative- executive loophole and challenge in the Iranian legal system, to be felt and necessary. Although Article 171 of the Constitution and Article 11 ...
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Pondering about how to achieve a due process of law, especially in relation to a maximum protection of judial mistakes victims, continues, as a legislative- executive loophole and challenge in the Iranian legal system, to be felt and necessary. Although Article 171 of the Constitution and Article 11 of Tort Law have provided for compensation of victims of judicial mistakes particularly the innocent accused and convicted persons, there are some difficulties in the materialization of compensation process in Iran. The main reason of which is the lack of transparent and explicit laws on how to implement the constitutional Article in question, despite the fact that the contributors of the new Code of Criminal Procedure, in light of a heed to this legislative challenge, have attempted to surmount the problems, still the implementation of that Articleis faced with problems. This investigation, in light of making reforms or presenting a new and dynamic (judicial – legislative) interpretation of Article 171 of the Constitution as well as inspired by the provisions of the Modification Law on Compulsory Premium of Civil Liability (Tort) of Owners of Ground Motor Vehicles against Third Party (July 7, 2009), the possibility of creating the “premium of civil liability (tort) of judicial authorities”, in certain circumstances, has been analyzed as one of the approaches of attaining the maximum support of the victims of judicial mistakes.