نوع مقاله : پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Clause 2 of Article 156 of the Constitution of the Islamic Republic of Iran declares the restoration of public rights as one of the duties of the judiciary and therefore, it is necessary to identify mechanisms for its objective and operational realization. Among these mechanisms is the criminal intervention of the government in a general sense and the judiciary in a specific sense. This type of intervention, on the one hand, by criminalizing behaviors that violate public rights and punishing them and then again, by predicting special and differential courts and judicial processes in order to deal quickly and decisively with cases of violations of public rights Especially if it is committed by the government officials and the guarantee of necessary and effective executions is realized for such behaviors. On one side, certain indicators can be considered for this intervention level. In the current research, after examining the concept of public rights and what and why criminal intervention is for the protection of it, the main indicators and challenges facing this intervention are discussed. The finding of the present research is that one of the mechanisms for the restoration of public rights is criminal intervention, and in order to apply and guarantee this type of intervention, differential criminalizations and the provision of special judicial mechanisms are necessary to deal with violations of public rights without complacency. As a solution, it can be suggested to adopt a comprehensive law on the protection of public, and the establishment and establishment of the Constitutional Court in Iran's legal system.
کلیدواژهها English