Criminal Law
zeinab sheidaeian
Abstract
The relationships between the prosecution service and the police follow distinctive models (hierarchical or network) in accordance with the ruling procedure system (accusatorial or inquisitorial). In the system of the Islamic Republic of Iran, the hierarchical model is used in the relationship between ...
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The relationships between the prosecution service and the police follow distinctive models (hierarchical or network) in accordance with the ruling procedure system (accusatorial or inquisitorial). In the system of the Islamic Republic of Iran, the hierarchical model is used in the relationship between the prosecution service and the police. Studies show that there are deficiencies in the relationship between the two organizations. The present article seeks to provide an optimal model of the relationship between the prosecution service and the police in the Islamic Republic of Iran. This research has used the library methodology, and the proposed model is designed according to the existing circumstances and realities of Iran's criminal justice system and addresses its aspects. The model of prosecution service and police relations at its best situation, results in more efficiency and effectiveness in detecting, prosecuting and investigating crimes. The aspects of the optimal model for Iran's police and prosecution service relations are as follows: 1- Assignment the crime detection function to the police, 2. Two-way communication based on the network model between the two police and prosecution service and, as a result, the equality of the two organizations with each other 3. Assignment of execution of investigations to the judicial police, 4. Separation of the investigating authority based on the severity of the crimes 5. The administration of the prosecution service on the judicial police; in this way, the judicial police are established and run under the dominion of the prosecution service, and at the same time, in proportion to the circumstances, enjoy a flexible and moderate sovereignty.
Mehdi sheidaeian; Zeinab Sheidain
Abstract
Most obscenity crimes are committed secretly. The disclosure of these offenses, due to their connection with the reputation of the citizens, has devastating effects on the perpetrators and the community. Hence, although from the point of view of Islam, obscenity crimes are condemned; but the criminal ...
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Most obscenity crimes are committed secretly. The disclosure of these offenses, due to their connection with the reputation of the citizens, has devastating effects on the perpetrators and the community. Hence, although from the point of view of Islam, obscenity crimes are condemned; but the criminal policy of Islam is based on the respect to the privacy of citizens. The implementation of this policy will prevent unnecessary disclosure, normalization, and ultimately prevents from spreading them. Therefore, the legislator of Iran declares the prohibition of prosecution and investigation of these crimes in accordance with the criminal policy of Islam in the Criminal Procedure Act 2013 and only prescribes it in exceptional cases that the expediency of prosecution and investigation is more, and of course this is bound and limited. These limitations include exceptions to the principle prohibition of prosecution and investigation, the prosecution authority, the extent of the judge's powers, and so on. The present paper seeks to explain, justify, and criticize the approach of the Criminal Procedure Act 2013 to obscenity crimes.
