The Criminal Matters and Its Position in the Legal System of Iran

The criminal matters as decisive factor (which is determined the limitation of behaviors، principals and justice procedural rules in the criminal and noncriminal examinations) is an outcome of new human rights. Determining the concept and philosophy of the matters and the criteria governing it and the necessity of accepting this concept in the legal system of Iran is one of the subjects that’s worth considering. The European Convention on Human Rights (E. C. H. R). In this legal establishment، all the violations which are the guarantee of the executions with the nature of the criminal enforcement، have the guarantee of the justice procedures. If the committed violation corresponds with the one of these criteria: the description of the violation in the criminal laws، the nature of the violation، the aim of the executive guarantee and the extent of the executive guarantee، the mentioned violation will be the criminal matters. Iran as a member of the international society، which signed this International Covenant on Civil and Political Rights of 16 december1966، should consider the above guarantees.