Criminal Law
Payam Forouzandeh; Farid Mohseni
Abstract
After the completion of the preliminary investigation, if the investigator deems that the accused is in charge of that crime, he orders a summons to the trial against him. If the prosecutor agrees with that, he issues an indictment against the accused in order to send the case to court. Article 279 of ...
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After the completion of the preliminary investigation, if the investigator deems that the accused is in charge of that crime, he orders a summons to the trial against him. If the prosecutor agrees with that, he issues an indictment against the accused in order to send the case to court. Article 279 of the Code of Criminal Procedure sets out the items that should be inserted in the indictment. Clause "c" of this article states the accused criminal record as one of the items of indictment. However, the judge of the court will need the accused criminal record when he finds him guilty and wants to determine the appropriate punishment for him. While the accused may be acquitted in court and there is no need to determine a punishment for him at all. In this article, with a descriptive method, while reviewing the possible foundations of the mentioned legislative sentence, it will be explained that because there is no need to inform the judge about the accused criminal record before proving his guilt, inserting that in the indictment and consequently informing the judge from that is contrary to the principle of prohibition of espionage and may violate his privacy. In addition, the judge's knowledge of the accused criminal record before he or she is found guilty also damages the fair trial process and creates a negative prejudice in the mind of the judge, which can violate the presumption of innocence and the judge’s mental impartiality. At the end, we will provide some suggestions for fixing these problems.
Private Law
Hassan Badini; Saeed Siahbidi Kermanshahi
Abstract
Conflict of interests is the set of circumstances that create the risk that one's decisions or professional actions in relation to a person who trusts him or her will be affected by personal interests. Conflict of interests is one of the concepts that is essential for proper understanding in any field, ...
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Conflict of interests is the set of circumstances that create the risk that one's decisions or professional actions in relation to a person who trusts him or her will be affected by personal interests. Conflict of interests is one of the concepts that is essential for proper understanding in any field, because a proper understanding of this concept and its contexts provides the way for its proper management. The main question of the present study is what are the dimensions and scope of the conflict of interest in private law? The authors believe that the constituent elements of conflict of interests is profit, conflict, judgment and relationship. The presence of these elements in the relationships of individuals irrespective of whether the relationship is public law or private law creates a conflict of interests. This study has shown that conflict of interests in private law can be achieved either in a trust-based relationship (such as a lawyer-client relationship) or in a relationship based on impartiality (such as litigation) and Conflict of interests are not conceivable in other relationships. In this study, some of the most important instances that may be confused with the discussion of conflict of interests have been highlighted. Understanding instances of conflict of interests is a prelude to the legal management of these conflicts to avoid their harmful effects or to compensate them. In this article, the legal management strategy of these conflicts and reform proposals for the Iranian legal system is explained.
Criminal Law
Hasan Poorbaferani
Abstract
In criminal proceedings, the victim is also entitled to certain rights that are at times not only not at variance with the rights of the accused, but are rather common to both parties. One such right, which is the cornerstone of a fair trial, is the right to a hearing by a competent court established ...
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In criminal proceedings, the victim is also entitled to certain rights that are at times not only not at variance with the rights of the accused, but are rather common to both parties. One such right, which is the cornerstone of a fair trial, is the right to a hearing by a competent court established by law and to have a qualified attorney familiar with due process present. The other right is the independence and impartiality of the court and the timeliness of the hearing. The safeguarding of these rights both in relation to the accused and the plaintiff is imperative, for failure to do so shall undermine public trust in the legal system with dire consequences. The main question of this paper is whether the fair trial criteria, particularly the ones mentioned above, are satisfied in the case of medical malpractice victims in Iran’s current criminal law. To find a conclusive answer to this research question, the present paper shall apply the three criteria of hearing by a competent court, independence and impartiality of the court, and hearing within a reasonable time to medical malpractice cases in Iran.
