فهرست مطالب akbar rajabi

Much has been said and written about the defense rights of the accused. However, there are still many obstacles and challenges in the process of criminal proceedings, especially in the implementation phase of these rights, which the accused faces in practice. Based on this, the purpose of this article is to examine the question of what are the challenges of implementation and guaranteeing the implementation of the defense rights of the accused in the face of the bailiffs. This article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings showed the density of cases, the lack of judges, the plurality and diversity and confusion of laws, the lack of office space and rented buildings, the defendant's lack of respect for his defense rights, limiting the lawyer's intervention in the form of “no access to the case”, the influence of some officers. Especially in making decisions and appointments of judicial authorities, predicting financial benefits in the form of “the right to discover crimes” for law enforcement officers and the attitude of some high judicial authorities to the quantity and statistics of cases, which may sacrifice accuracy and quality to statism, can harm rights and freedom. The legitimate rights of innocent people will face serious risks and challenges. In addition to these defects, the lack of training or insufficient training of the officers and the lack of supervision of their performance are clear examples of the challenges that the accused faces in the practical and executive process of criminal proceedings.

One of the characteristics of every legal rule is to benefit from the proper sanction of that rule. This sanctions will guarantee compliance with the rule and indicate its status and value. The most well-known sanctions of legal rules for the implementation of legal rules is criminal, civil and administrative sanctions, which the legislator takes advantage of according to each legal rule and its nature. One of the sometimes unwritten and even less well-known sanctions of the legislator in the field of criminal proceedings is the sanction of nullity or invalidity of evidence of criminal proceedings. On the one hand, compliance of the principle of legality of obtaining criminal evidence requires that both the reason and the method of obtaining evidence be legitimate and legal, and on the other hand, the principle of legality of proceedings requires that the process of proceedings is subject to legal rules and regulations. Nullity of evidence or invedtigations as a sanction of the execution of the proceedings is aimed both at guaranteeing the observance of the rules of the proceedings in order to protect the interests of the litigants, especially the accused, and also at the prevention of non-compliance with these rules and forcing the law enforcement personnel of criminal justice to follow them. Considering the criminal rules in Iranian law, the issue of nullity has rarely been considered as a sanction of the proceedings, but in the French criminal procedure, several regulations can be considered in this regard.

In the theory of control, it is assumed that humans commit crimes under normal conditions; unless internal or external controls prevent him; Therefore, the teachings of this theory emphasize more on the concept of prevention, because the advancement of technology has led to new crimes, such as computer crimes; This research, with descriptive-analytical method and library tools, tries to investigate the effects of using the prevention-based doctrines of control theory in different layers of Iran's criminal policy. The findings of the research show that legislative criminal policy is the task of legislation in a country that, regarding cyber crimes, the legislator in the laws and regulations, sometimes implicitly and sometimes explicitly, uses technical measures to achieve security. Cyber space has paid. In cooperative crime policy, various government and non-government tools are used to prevent and fight against crime. In the judicial criminal policy, which is reflected in the decisions and judicial procedures of the prosecutors and courts, the judiciary has a preventive approach regarding cyber crimes with the help of institutions such as Maher Center (Relief Management Center and Incident Operation Coordination Center) and APA Center (Awareness Center media, computer support and aid) and FATA police.

One of the harms of imprisonment, especially when the head of the family is sentenced to imprisonment, is the imposition of economic problems on families. In this paper, an attempt has been made to investigate the effect of empowerment of prisoners and its effect on the economy from a jurisprudential point of view.

The present paper is descriptive-analytical and the library method is used.

Ethical considerations: 

In this paper, the originality of the texts, honesty, and trustworthiness have been observed.

Empowerment of prisoners is one of the mechanisms of rehabilitation and correction of prisoners, which includes various programs such as education, employment, and vocational training. Employment and vocational training, apart from their effect on prevention of repeating the crime, can help improve the economic status and livelihood of prisoners' families, both during and after their imprisonment. The jurisprudential basis of empowering prisoners in order to protect their families is the "Principle of Vezr", which implies the individuality of punishments and criminal responsibility. According to this principle, the punishment is only for the perpetrator.

Empowerment of prisoners, especially their employment, is one of the important issues of punishment for prisoners, which requires more attention from an economic perspective. Employment and vocational training of prisoners can be achieved in the context of a corrective approach and, of course, an economic view of punishment and imprisonment.

Situational prevention, as one of the methods of crime prevention, is a set of measures and methods to reduce or eliminate the opportunities to commit crime, which tries to deter the criminal or deprive him of the opportunity to commit a crime by reducing the favorable grounds for crime or creating an obstacle in the path of committing a crime. do The Constitution of the Islamic Republic of Iran has assigned the duty of crime prevention to the judiciary, and this authority has provided social assistance and crime prevention in its structure for this purpose. This deputy for the management of situational prevention of crime has the general department of situational prevention, which through this general department manages situational prevention at the country level, which, of course, faces important challenges in this regard. With the inherent structure and duties of the judiciary, the limitations of the human and financial resources of the judiciary in the implementation of crime prevention measures and the lack of structural communication between the social and crime prevention department of the judiciary and the executive organizations in charge of crime prevention are the most important challenges that this department faces. In crime prevention, he faces it.

Refugee women are exposed to serious risks by fleeing their country in search of security and a better life. Some of these risks include gender discrimination, sexual violence and domestic violence. These crimes against refugee women show violations of human rights and international laws. The purpose of this research is to investigate the commission of crimes against refugee women and also to explain the origins and factors affecting these crimes. The final goal of this research is to provide recommendations and solutions to deal with these crimes and support refugee women.

To achieve these goals, content analysis and case studies will be used in this research. At first, the sources related to the topic under investigation are collected and analyzed. Finally, a detailed analysis of the obtained results is done. In this regard, this article has researched and examined the issue by using the descriptive-analytical method and using library resources.

Ethical Considerations:

 In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

With a detailed analysis of related information and sources, the following findings can be examined: Violation of human rights: Crimes against refugee women show violations of human rights and international laws in the field of women's rights. Lack of legal protection Some refugee women face more problems and risks due to discrimination and lack of legal protection.

Committing crimes against refugee women shows serious challenges in human rights and women's rights. To deal with these crimes, it is necessary to pay more attention to legal protectio and security measures for refugee women. Also, it is important to educate and increase the awareness of the society about women's rights and issues related to asylum.

Please cite this article as:Ansarifar Z, Golkhandan S, Rajabi A. Committing Crimes against the Physical Health of Refugee Women. Medical Law Journal. 2023; 17(58): e59.

Self-harm exists among armed forces due to the presence of these forces in specific and difficult situations. In some legal systems, armed forces' self-harm has been criminalized. Iran and the United States are among those countries. The greatest similarity between these two legal systems is in the Actus Reus of self-mutilation crimes, and in both legal systems, any degree of malingering and any degree of self-harm, as well as any model of self-mutilation by any means or any method has been considered sufficient commission of the crime. Self-harm by the armed forces in the form of omission such as not eating with the intention of harming oneself is considered a crime. The important difference in the two countries law is that in Iran, “physical and mental disability" and "expressing recurrent disinterest" is recognized as the actus reus of the crimes. While in the United States, these weak degrees of self-harm are not considered as a crime, and as a result, the scope of crimes of the armed forces in Iran is wider than in the United States and includes more actions.

The International Criminal Court has created a new structure for prosecuting perpetrators of major international crimes. How to start investigating and prosecuting crimes is an important issue in the Statute of the Court. According to the provisions of the Statute on the initiation of prosecution, the three aspects of "referral by member states", "referral by the Security Council" and "prosecutor's initiative" are established. In this regard, the court system has been designed in such a way that by eliminating the interrogation stage, the task of investigation has been assigned to the prosecutor along with the prosecution, who performs his duties under the supervision of the preliminary branch. In this regard, the prosecutor can collect information and evidence, review the documents, obtain the statements of witnesses and informants, investigate the accused and suspects and summon or arrest them. Member states are also required by law to cooperate with the prosecutor. It has jurisdiction over the supplementary court and exercises jurisdiction only in cases where no competent domestic court can or does not want to prosecute. In addition, the Security Council may, in accordance with Chapter VII of the Charter of the United Nations, request a moratorium on prosecutions and investigations.

Self-mutilation of the armed forces is criminalized in the two legal systems of Iran and the United States and self-mutilation is a crime in many cases in these two countries. While the principle of criminalizing self-mutilation of the armed forces is criticized, heavy punishments for self-mutilation of the armed forces have been considered in Iran's legal system.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.

Ethical Considerations:

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

There are fundamental differences in looking at the proportionality category in the two criminal law systems of Iran and the United States of America regarding self-mutilation. The element of proportionality is the most important element because self-mutilation is not considered a crime in society and the same act in the armed forces can bring the most severe punishment, which is death and punishment, even in the United States of America, the punishment is ten years in prison and deprivation of all rights. And benefits and dismissal for ten years are considered a disproportionate punishment.

In comparison and due to the fact that in the United States of America, all dimensions of self-harm in the armed forces have been taken into account and a combined punishment that includes dismissal from work for a period of time, deprivation of rights and benefits for a period of time and finally imprisonment for a period of time, can be He said that the element of proportionality in determining the punishment is better observed in this country. Articles 83 and 134 of the Uniform Law of Military Justice 2016 have respected the proportionality in determining punishment by observing the minimum and maximum, Article 51 of the Armed Forces Crimes Punishment Law 1382 has also observed this proportionality, except in the case of combat.

This article was written with the aim of investigating measures to prevent sexual violence against refugee women. Sexual violence against refugee women is one of the most important difficulties they face. According to the famous saying, prevention is better than cure, it is necessary to prevent sexual violence against refugee women as much as possible.

In this article, the background and causes of sexual violence against refugee women are first investigated. Then we will introduce the importance of preventing sexual violence and provide preventive measures. In this regard, this article has researched and investigated this issue by using analytical-descriptive method and using library resources.

Ethical Considerations:

In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The results of the investigation showed that the measures to prevent sexual violence against refugee women in five main groups include the empowerment of refugee women and their participation in prevention measures, human resource management, preventive measures of the host government, preventive educational and training measures and preventive measures in Voluntary return of refugee women should be done.

Measures to prevent sexual violence against refugee women are very important to protect the rights of refugee women and also create a safe and stable environment for them. Therefore, it is recommended that relevant organizations and officials develop effective programs and policies to prevent sexual violence in this field and allocate the necessary resources.

Much has been written and said about the defense rights of the accused. However, there are still many obstacles and challenges in the execution process in the criminal proceedings that the defendant actually faces. Density of cases, lack of judges in the organizational chart, multiplicity and variety and confusion of laws, lack of office space and rented buildings, lack of nobility accused of his defense rights Restricting the lawyer's intervention in the form of "not having access to the case", influencing some special officers in making decisions and appointments of judicial authorities in the form of "right to discover crime" for officers who It can seriously endanger the rights and legitimate freedoms of those who did not commit the crime, lack of training or insufficient training of officers and also lack of supervision over their performance, writing of some high judicial officials to the quantity and statistics of cases that may be accurate and The quality of becoming a victim of statistism is one of the obvious examples of obstacles and challenges that the accused faces in the practical and executive process of criminal proceedings.

Situational prevention as one of the methods of crime prevention is a set of measures and methods to reduce or eliminate the chances of committing a crime that tries to reduce the favorable grounds for crime or create an obstacle in the way of committing a crime or deprive him of the opportunity to commit a crime. Show. In this article, we have come to the conclusion through descriptive and analytical methods that, while situational prevention is recognized as one of the most important methods of non-criminal prevention today, but in practice and implementation of situational prevention policies, there are a number of important challenges that These challenges; It requires special solutions. In the executive dimension, the overlapping of the tasks of the relevant organizations, the lack of coordinated and national prevention programs and budget constraints at the executive level are the most important challenges for the implementation of preventive measures. In order for situational prevention measures to play an effective role in the crime prevention program, in the first stage, in the general crime prevention plan, the role, position and scope of the situation prevention function must be determined, and it is a fact that situational prevention It is only in conjunction with other criminal and non-criminal methods of crime prevention that the ultimate goal of maximizing the rate of delinquency can be achieved. The implementation of situational prevention policies requires above all the permanentization, popularization and investment of situational prevention,

Correctional and educative approach towards prisoners is one of the important issues of high significance in policy making regrading prisons. In this paper, an attempt has been made to investigate the place of religious programs of the country's Prisons and Security and Corrective Measures Organization and the effect of these programs on the education and correction of prisoners. The present paper is analytical-descriptive and the subject is studied using the library method. The findings of the paper indicate that the country's Prisons and Security and Corrective Measures Organization has paid attention to religious programs in its correctional approach towards prisoners. According to the regulations of the Prisons Organization, various religious programs are envisaged in order to purify and cultivate the soul and raise the faith and beliefs of the prisoners and keep them from committing crimes. The country's Prisons and Security and Corrective Measures Organization is attempting to affect prisoners through religious education, correction of prisoners' attitudes towards existence, human beings, and self, and educative trainings such as self-control training of criminals. To achieve such a goal, it is necessary for the country's Prisons and Security and Corrective Measures Organization to use indirect methods and benefit from the views of experts and criminologists in this regard.

The importance of paying attention to ethical principles in the judicial proceedings and in quasi-judicial authorities is one of the needs that is felt today in trials, especially in criminal quasi-judicial authorities. Our purpose in this article is to explain a fair trial based on ethics and fairness in criminal quasi-judicial authorities.

This research has been done using descriptive-analytical method.

This article is written Considering of the principles of Honesty and fidelity.

Findings show that in most quasi-judicial authorities, the trial process is not conducted in a fair manner and based on the principles of fair trial. It is necessary to rely on ethical principles and to extend the principles governing judicial institutions to quasi-judicial institutions, to provide a basis for fair trial in criminal quasi-judicial authorities.

The existence of similarities such as litigation, decision-making, decision-makers in quasi-judicial authorities in relation to judicial authorities, litigants, preventing the decision-making of incompetent persons and the nature of punishments, are among the most important reasons for spreading the principles of fair trial and complying with them in quasi-judicial authorities.

Bioethical criminal law refers to the set of rights that govern criminal law, which is based on the central principles of bioethics. One of the categories that should be based on the principles of bioethics in criminal law is the proportionality of crime and punishment, which this study is very important in this regard. the main purpose of this article is to introduce the principles and criteria of proportionality in bioethical criminal law.

This descriptive-analytical study first considers two important principles of bioethics as the basic principles of research and examines its relationship with the category of proportionality, then analyzes the concept and basis of the category of proportionality of crime and punishment and in the last speech the criteria Proportion is examined in criminal matters.

Ethical Considerations:

 In order to organize this research, criteria related to research ethics and fiduciary in research references have been observed.

Prohibition of disproportionate punishments is one of the most important issues in criminal law, which is now called the principle of proportionality of crime and punishment. Criminal protection of morality has always been the focus of moral philosophers, but this study deals with the protection of morality and its components from the category of punishment. Prohibition of disproportionate punishments that have moral and legal roots must be analyzed morally and legally in order to emerge modern punishment.

This study, examines the moral and legal prohibition of disproportionate punishments in criminal law with emphasis on the two moral components of justice and human dignity. Results show that in accordance with the moral principles of human dignity and the implementation of criminal justice and based on legislative foundations, punishment must be commensurate with the crime committed and the need to observe the principle of proportionality in criminal law on legal and moral grounds in both the legislative and criminal stages is obvious and necessary. The principle of respect for persons and non-harm as important principles of bioethics, by establishing the proportion of crime and punishment, forms the criminal law of ethics, which is the creator of a just and wise criminal policy.

The formation of transnational crimes, the globalization of crime and the inability of domestic legal systems to combat these crimes have led to establishment of international courts and the establishment of the International Criminal Court, as well as the recognition of universal jurisdiction in domestic courts; Although the presence of a lawyer is not possible according to legal rules, ethical principles and teachings require that a lawyer be able to defend his client at the international level. The purpose of this study is to explain the need for the globalization of advocacy in the light of ethical principles.

This article has been done by descriptive-analytical method, using library resources and taking notes.

 This article has been prepared and compiled based on the ethical principles of honesty and trustworthiness.

Findings show that with the process of globalization following the development of transportation and communication, the emergence and expansion of cyberspace, increasing movement and migration, new opportunities and areas for citizens has been provided to file lawsuits in various courts at the international level, and in this regard, following the international lawsuits, it is necessary to defend the convicts in the international scene, that national and international laws should take steps to facilitate the globalization of advocacy in line with the changes that have taken place.

Today, with the removal of borders, we are witnessing globalization and consequently, the increase of crimes. The formation of international courts and international police to combat transnational crimes also confirms the need for the globalization of advocacy. Therefore, this has been emphasized in international documents. There are also problems that challenge the possibility of globalization of advocacy, including legal aspects such as the principle of territorial jurisdiction and the condition of citizenship in issuing a license for a lawyer.

In the field of criminal law, the main priority of government activities is crime prevention. Situational prevention as a non-criminal prevention method helps to control and reduce the level of crimes committed, including in cyberspace, by reducing and eliminating the opportunities or grounds and situations of crime. The purpose of this study is to examine the challenges of non-criminal cybercrime prevention strategies in relation to the right to privacy and the right to freedom of expression.

This research has been done by descriptive-analytical method. The method of collecting information is library and its tools are documents, books and articles. Ethical Considerations: In order to organize this research, originality of the text and the ethical principles of honesty and fidelity have been observed.

On the one hand, the right to privacy in the three areas of electronic surveillance, material surveillance and the formation of regulatory communities is facing a fundamental challenge and on the other hand, the right to freedom of expression is restricted and violated due to low bandwidth, certain and limited search engines as well as refining software.

Non-criminal cybercrime prevention strategies will effectively hold the government responsible for violating human rights obligations regarding the right to freedom of expression and the right to privacy. In connection with the right to freedom of expression, the system of aggravated responsibility for the government should be considered, because the right to freedom and its instances are part of the rules of public international law, but in relation to the right to privacy, current responsibility system seems to be consistent.

udges' Behavior in 2011, it was necessary to suspend judicial services in all criminal proceedings. Under recent law, suspension from judicial service is permitted only for intentional offenses and unintentional offenses or financial convictions that require the pursuit or enforcement of a warrant for arrest or detention. The fact that the suspension of judges under the new law due to job immunity can be more useful to them is an issue that the present article seeks to examine. Also, in order to better examine the issue, first the cases of suspension in intentional, unintentional crimes or other necessary cases have been investigated. Based on the results obtained, suspension of judicial service is necessary in all intentional offenses and in unintentional offenses or in cases of financial convictions that the prosecution or execution of a sentence requires the arrest or detention of a judge. Although the suspension of judicial service prevents the employment of judges and thus reduces the rights of the accused judge, but considering that this issue prevents the summoning, arrest and detention of judges before the suspension, therefore, the existence of immunity prevents the summons, They will be arrested

The common pistachio psylla, Agonoscena pistaciae Burckhardt & Lauterer (Hemiptera: Aphalaridae) is the key pest of pistachio trees in Iran. Controlling this pest is conducted by using chemical pesticides; this results in the destruction of the natural enemies of this pest and its outbreak. Adalia bipunctata Linnaeus (Col.: Coccinellidae) is one of the predators of pistachio psylla. Given the usage of three common pesticides i.e. thiamethoxam, hexaflumuron, and acetamiprid in pistachio gardens, the present study aims to investigate the sublethal effects of these three pesticides on the biological indictors of A. bipunctata (two-spot ladybirds) in controlled conditions.

In the present study, the effects of thiamethoxam, hexaflumuron, and acetamiprid pesticides have been investigated on some of the biological indicators and life table of this ladybird in controlled laboratory conditions (temperature of 27.5± 1 degrees centigrade, relative humidity of 65± 5 percent, and a photoperiod of 16 hours of light and 8 hours of darkness). This experiment has been conducted by immersing the ladybird’s eggs in a toxic solution with sub-lethal concentrations. In order to investigate the sublethal effects of the insecticides, the growth period of immature and adult stages and the daily spawning rate of adult insects were investigated.

The length of the pre-adult period in thiamethoxam, hexaflumuron, acetamiprid and control treatments were 16.69, 16.07, 16.34 and 15.58 (days) respectively. The insecticide treatments were significantly different from the control. The net fertility rate was higher in control and hexaflumuron treatments; they were significantly different from those of thiamethoxam and acetamiprid. The net reproduction rate (R0) in thiamethoxam, hexaflumuron, acetamiprid and control treatments were respectively 41.87, 110.94, 62.2 and 153.7 (female/female/generation); a significant difference was observed between insecticides and control treatments. The highest intrinsic rate of population increase (rm) was 0.151 (per day) in the control treatment; this was significantly different from that of the other treatments. The mean generation times (T) in thiamethoxam, hexaflumuron, acetamiprid and control treatments were respectively 42.98, 44.67, 38.12 and 33.01 (days); the treatments were significantly different.

The usage of these three pesticides in pistachio gardens reduces population growth indices and reproductive parameters of A. bipunctata ladybird. However, the side effects of hexaflumuron pesticide are less than the other two pesticides. This information can be used in the integrated control management of this pest.

The principle of the lapse of time is one of the most important and essential articles of the penal code. After the victory of Islamic Revolution, the legislature nullified and deleted the article. Then, the penal lapse of time was admitted again in 1999 with binding conditions in penal affairs. Finally, upon the approval of the Islamic Penal Code in 2013, the principle of the lapse of time was approved with substantive rules. This paper, carried out with a combined, descriptive, analytical and comparative method, made it clear that Sunni jurists or the general public have found no fault with discretionary punishment, and even in some of its sects (Abu Hanifa), the lapse of time shall be deemed without any problem except in right of people, blood money and punishment for attributing adultery to someone. Imamiya jurists, like Imam Khomeini, do not approve lapse of time for such crimes and punishments as lashes, blood vengeance, and blood money, ruling that it is contrary to the Sharia criteria. However, in discretionary crimes, the ruler can consider lapse of time upon reasoning through exigency or expediency.

Criminal Proceedings are a Long Process that Begins With the Discovery of a Crime and Ends With the Execution of Criminal Sentences. Different Persons Play a Role in the Criminal Proceedings That in a Division Can be Divided Into two Groups of Judicial and Non-Judicial Persons.

Materials and Methods:

The Research Method in This Article is Library and Using Citation and Filing Resources.

The Findings Indicate That the Criminal Procedure Code adopted in 2014 With the Amendments of 2016 Has Innovations in Different Aspects. This Law Pays Attention to the Role of Illegal Persons in the Judicial Process, Which has Assigned the Rights of Citizens to Them Independently of Administrative Bureaucracies.

In the New Criminal Procedure Code, the Role of Non-Judicial Persons in Criminal Proceedings has Become more Prominent Than in the Past, and this Change is Partly Due to the Change in the Nature of Criminal Proceedings and Related Paradigms and the Acceptance of Some Aspects of Restorative Justice Orginated Citizenship Rights Approved in 2016. Other Factors Such as the Need for a Fair Trial, the Complexity of Crimes and Defendants’ Behaviors Also Require the More Effective Presence of Non-Judicial Persons in the Criminal Proceedings. Among the Innovations, the Active and Effective Presence of Social Workers in Various Stages of Criminal Proceedings, the Presence of Competent Persons in the Formation of Personality Files, the Presence of Counselors in Juvenile Courts and the Role of Non-Governmental Organizations in Criminal Proceedings and Some More Competent Centers and Organizations are More Notable so That we Can Say the Criminal Procedure Code Approuved 2014 Has Different Aspects of Restorative Justice With the Presence of Non-Judicial Persons.

Please cite this article as:

Shirsavar Shahvand M, Mirkamali S A, Rajabi A. The Position of Non-Judicial Persons in the New Code of Criminal Procedure in the Criminal Procedure and in the Light of Citizenship Rights. Iran J Med Law</em>, Special Issue on Human Rights and Citizenship Rights 2018; 215-229.

In Order to Realize the Political Ideals of a Society, Which are Reflected in Its Constitutions, The Independence of Judges and the Judiciary Play an Essential Role. In Order to Achieve These Ideals, Social Justice and Citizenship Rights Appear as Demands of Societies.

This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and Has Been Done by Referring to Documents, Books and Articles.

 Among the Appropriate Requirements for the Realization of Judicial Independence, We Can Point to the Rules and Regulations That Guide the Society in Its Path Towards These Ideals With Impartiality and Justice. Therefore, it is Necessary for the Rule of Law to be Established in This Society and the Judiciary Independent of Getting out Through Justice in Society is Sensitive. This Study, by Describing and Analyzing these Concepts With a Comparative View, Identifies the Importance of the Existence of an Independent Judiciary in the Realization of Social Justice and Civil Rights and Examines Why the Rule of Law is a Necessary Condition for the Existence of an Independent Judiciary.
Ethical Considerations</strong>: In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.

The Tools of an Independent Judiciary Can be a Kind of Guarantee of the Social and Human Rights of Citizens, And the Existence of a Philosophy of Rule of Law in This Legal System is a Prelude to This, a Society Without Rule of Law Does not Have a Legal System in the True Sense of the Word.