فصلنامه پژوهش حقوق کیفری
پیاپی 3 (بهار و تابستان 1392)

Providing security has been the first aim of the governments— either authoritarian or democratic. Nevertheless, security is such an interpretable word that it sometimes results in different kinds of misinterpretations. Securing this vital element in society needs to be dealt with as a whole and keep the government approach away. In the absence of this view, the meaning of security will be assumed as a state security and every action such as ignoring the fair trial and criminal procedure rules would be justified. In this essay, the encounter of the "security-approach" and the well-known rules of criminal procedure and fair trial will be studied in the light of over viewing one verdict of administrative justice tribunal.

One of the most prominent issues in criminal philosophy is “Justification of Criminal Intervention” which is done by the State, in the individual rights and autonomy. This phrase is often used by scholars and critics without any clear-cut definition. In studying of criminal intervention from two points of view: moral and political philosophy, the prominent matters such as criminal intervention legitimacy, being wrong or right, State’s right to intervene and so on are considered as the justification. Alongside the moral justification– which is based on violated values by wrongdoer– “social justification” addresses its reflection and the rate of social acceptance. In Institutional Bureaucracy justification, the quality of political institutes organization, roles which must be embedded in and power that must conferred to these institutes are examined. Although even in the most liberal criminal justice systems, criminal intervention is done on the base of the different and occasionally contrary justifications, internal power of State – which is incarnated in system of criminal justice– must not be used in lack of a cognitive justification just thanks to its ability in imposing the injustice.

The International Criminal Court (ICC), having the jurisdiction over the most serious crimes of concern to the international community, is established to end the impunity for the perpetrators of these crimes. ICC provisions have taken different supports for victims into account. The Rome Statute, the rules of procedure and evidence, the regulations of the court, the staff regulations &the agreement on the privileges and the immunities of the international criminal court are the documents that make clear the rights of victims in the justice process. Rights such as participation in proceedings, benefit from legal representatives’ assistance, notification of criminal justice system, and security are considered as legal protections. Victims’ rights, in ICC proceedings, will be explained& examined– in the light of ICC provisions and with regard to available judicial procedure- in this study.

By law, every person has the alienable right to a criminal complaint. However, in order to be right, it is also with holding. The abuse of the right to complain and ruin the reputation of people is prohibited by legislators; one may, without ill will, make a criminal complaint against people and by doing so bring them some financial and emotional costs. According to Iran’s Criminal Law and the works of criminal justice experts, one has to be cautious about making a complaint against people and attributing criminal acts to them. Not only does it have to be institutionalized and people feel obliged to comply with it, but it also has to be in the focal point of the legislators in order to prevent unsubstantial complaint.

Human life and his survival on the earth are dependent on the utilization of the different sources like water resources. Misusing of the environmental resources can result in pollution and destruction. Water, as a very sensitive environmental resource on which human life depends, will be exposed to all kinds of environmental pollutions. The necessity of preservation of the water resources has been engaged in legal and criminal strategies which are passed in order to save and protect these resources. Internal criminal policy in the field of legislation with regard to religious order and the national and local considerations has focused on respecting water resources. This policy has directly and indirectly been influenced by the application of the requirements of joining to international instrument regulations, and has passed laws to preserve different bodies of water resources

The appropriateness of criminal prosecution means that the prosecutor is able to stop the process of prosecution. Namely, the prosecutor does not have the authority to initiate a prosecution if he believes that investigation would not serve the interests of justice. In England’s Legal System, the above- mentioned principle has been considered as one of the main principles applying on the process of prosecution. This principle has not been mentioned expressly in Iran's Criminal Procedure Code, but some of the provisions of this Code— for example, the fact that the prosecutor can stop the process of prosecution— have confirmed this issue. The draft of Iran ‘s Criminal Procedure Code, which nowadays is passing its final stages of being approved in the Islamic Consultative Assembly, attempted to base some provisions of this Code on this principle, although it has some problems.

Serial murder is definitely a crime in the criminal law. According to Iran’s Penal Code, it is considered as a multiple murder under a retaliation, blood money and discretionary punishments. In criminal responses against it, the criminal justice systems have different sanctions while dealing with it. Serial killers are not psychologically healthy while bearing criminal responsibility. However, the extent of their mental disease (psychosis) will invoke insanity defense. In Iran, serial killers never manage to use the insanity defense; therefore, they have always been sentenced to the maximum penalty of the law. The same procedure – except in rare cases –occurs in other countries. In fact, in serial murder, due to the type and the severity of the offenses committed and caused by the widespread fear and death in the community, a stricter criminal policy has always been adopted toward a serial killer.