Criminal Law
abas zeraat; seyed ali moosavi baygi
Abstract
The individualization of custodial arrangements, such as the individualization of punishment, means the imposition and enforcement of criminal penalties commensurate with the nature of the offense or the characteristics of the offender as predicted in international human rights instruments in the international ...
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The individualization of custodial arrangements, such as the individualization of punishment, means the imposition and enforcement of criminal penalties commensurate with the nature of the offense or the characteristics of the offender as predicted in international human rights instruments in the international arena. The issue of criminal service contracts is a human protected by the principle of innocence and as a defendant and not a convicted person in the case, and therefore observing his dignity and his particular situation in issuing this sentence is more than the personalization of punishment and respect for the offender who is charged He proved to be important. Nevertheless, this part of the judicial decisions for the accused, in spite of the individualization of punishments, is less relevant to legal texts.The foundations for the individualization of custodial contracts are found in various theories of criminology and the legal principles enshrined in international documents and various regulations. Also, how to apply this, namely, proportionality or inappropriateness in the determination of general supply arrangements and the appointment of unnecessary arrest warrants in a specific sense, has explicit criteria in international documents, which necessitates these criteria as well as the degree of alignment of the Iranian legislator with that study And existing regulatory gaps
Criminal Law
rasool ahmadzadeh; zahra mashayekhi
Abstract
From one perspective, crimes are classified into two types of offences irrespective of condition of the victim and forgivable. The forgivable crimes are those that deserve special attention in addition to the public aspect. The legislator in this category of crimes has a significant stake in the plaintiff's ...
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From one perspective, crimes are classified into two types of offences irrespective of condition of the victim and forgivable. The forgivable crimes are those that deserve special attention in addition to the public aspect. The legislator in this category of crimes has a significant stake in the plaintiff's will so that the initiation, pursuit, prosecution and enforcement of the sentence is subject to the plaintiff's complaint and failure to pass. The present study deals with one of the assumptions regarding the plaintiff's expulsion announcement that, prior to the expiration of the pledge, agreements are reached between the plaintiff and the custodian. In this research we will seek to answer the question of what is the legal nature of the past and can previous agreements be constrained? Our hypothesis is that forgiveness is inherently a kind of will, and although the agreements reached can make it a condition, it has virtually no effect on the judicial process.
Mohammad Ali Rajab
Abstract
Use of Bail is one of decisions allowed for judiciary authorities within Criminal Procedure particularly during the pre-trial investigations and forensic searches in order to assure the accessibility to and presence of the accused or defendant for trial. However, at the same time taking any kind of Bail ...
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Use of Bail is one of decisions allowed for judiciary authorities within Criminal Procedure particularly during the pre-trial investigations and forensic searches in order to assure the accessibility to and presence of the accused or defendant for trial. However, at the same time taking any kind of Bail or pre-trial detention actually limits the accused’s rights and liberties or even, deprives him thereof. Therefore, this will be a scene of the dual status of criminal procedure again: to protect the society and to guaranty the rights and prerogatives of the defendant-which makes the case a reasonable ground to survey this challenge again. There are principles and frames like legality or limitations on pre-trial searches and forensic investigations which are provided to ensure the respect for rights and liberties of citizens. Amongst all, the principle of proportionality for bails and pretrial detention must be construed as a resort to restrict the appliance of public authority in unnecessary cases. In other words, the public authority must be merely restricted to the cases it is necessary to achieve a legitimated good according to the principle of proportionality. Therefore, if there is a goal of ensuring the accessibility and presence of the defendant then it must be restricted to the minimum level of penal intervention of state as far as the goal is obtained. This article is to provide an analysis of principle of proportionality with respect to other principles of public law and then, having an inquiry over the judicial practices of legal systems - particularly jurisdictions of the European Court of Human Right (ECHR), we shall try to assay for legal grounds of the principle in Iranian legal system.
Gholam Hasan Kooshki; Sahar Soheil Moghaddam
Abstract
Support of the individual rights and freedom is one of the purposes of criminal procedural rules. Police detention or surveillance is contrary to the individual rights. In accordance with obvious rules, police at both American and Iranian systems of justice might arrest someone. This matter has an exceptional ...
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Support of the individual rights and freedom is one of the purposes of criminal procedural rules. Police detention or surveillance is contrary to the individual rights. In accordance with obvious rules, police at both American and Iranian systems of justice might arrest someone. This matter has an exceptional aspect. It is essential to observe two provisions in which include “visible crime” and “the principle of necessity”. A warrant is issued by judicial authorities to arrest someone is a requirement under American rules and it is possible to arrest someone at visible crime. Legislator of both legal systems has been considering rights like having promptly access to a lawyer since this proceeding to the presumption of innocence. Nevertheless, the accused has a right to be silent until a lawyer comes under American system of justice. On the other hand, fair and just interrogation such as realization of the accusation and its evidences to secure accused’ rights is predicted by both legal systems. In line with American rules, the realization of the arrest and predicting electronic devices to record accused’ statements is considered. Moreover, appropriate sanctions like exclusionary rule beside other sanctions at this legal system is predicted. Anyway, considering the regularity of the arrest and detention at this stage, both legal systems have put their efforts into reinforcing the accused’ rights.
