Document Type : Research/Original/Regular Article

Authors

• saeed ghaedi ¹
• fazlolah foroughi ²

¹ university of judicial sciences

² shiraz university

Abstract

Unlike other legal units in Iran's judicial system, there is no single criminal policy regarding the general aspect of intentional homicide .The confusion resulting from the legislative criminal policy and its dual approaches have challenged the judicial procedure. The victim's right to determine the punishment in intentional homicide and the predominance of
its private aspect has pushed its public aspect to the sidelines in such a way that in the
prosecution and investigation decisions in the prosecutor's office and the criminal court one،
often focuses on the private aspect of intentional homicide and demanding retribution has been
noted. And in cases where an action or punishment is determined in terms of the general aspect, in the way of criminal investigation, settlement, issuing judgment and the principles governing them, there are problems in terms of observing the principles of fair proceedings, the defense rights of the accused and the rights of the society.The current research has attempted to enumerate the challenges in the judicial procedure by using analytical-descriptive and collecting the desired information in the library method and relying on the cases of intentional homicide in the criminal justice system of Iran . And while emphasizing the necessity of concrete criminal policy in order to Key protect the rights of the society, it is to explain the duality of the deterministic system and its role in the formation of the existing judicial procedure through the expression of its effects and solutions to overcome the existing situation. Until the adoption of an integrated legal policy with an approach based on fair proceedings .

Keywords

• Judicial challenges
• public aspect
• intentional homicide
• legislative criminal policy
• judicial procedure

Main Subjects

• Criminal Law