جستجوی مقالات مرتبط با کلیدواژه "ضابط" در نشریات گروه "فقه و حقوق"

The guarantees of lawful evidence can be explained in two models: "methodical and consequential". In a method model, the mere illegality of obtaining evidence leads to a rejection of its positive value, even if the accused has committed a crime. In American law, which follows this model, the principle of obtaining evidence is referred to as the " exclusionary rule ". Actions of judicial officers such as entrapment and Formal transactions are remedies for criminal liability and the reasons learned in this way can not be cited. Declaring evidence in favor of the accused is known as the "Brady rule" and the accused has the right to object the reasons given for his arrest. Iranian criminal law follows the result model due to the lack of guarantees such as the " The rule of invalidity of reason"; Because in this model, the method of gathering the reasons is not the basis and focus point, but the overall effect of this method on the outcome of the trial is the criterion. Obtaining evidence illegally, although in some cases initially leads to their discrediting, but the same evidence in judicial practice is considered as presumption and one of the ways that judges gain knowledge to achieve outcome of the trial. One of the results of this model is central confession in the Iranian penal system, which has led to pay proper attention to the method of obtaining it, and the other is the lack of provision of appropriate and effective enforcement guarantees for evidence that violates the defense rights of defendant.

Specialization in all matters  As a basic principle  It has been raised in today's jobs and professions In such a way, it is no longer possible to expect to respond to its responsibilities with general knowledge and definitions governing the general behavior of different jobs and professions.Accordingly, judicial officers are not exempted from this issue Because this police, in addition to professional aspects, is directly related to human rights and maintaining human dignity In such a way that the specialization of matters related to officers and differential proceedings in the field of children, teenagers, women and people with special characteristics is presented as a necessity in the current system. Therefore, according to the legislator's emphasis, especially in the Criminal Procedure Law approved in 2013 (Article 31), some necessary principles regarding this group in cases related to the establishment of the special police for children and adolescents, it seems that the structure of this institution in restorative justice should be redefined.And for that, some basic and necessary measures should be considered.Therefore, in this article, analytically and descriptively to examine the basic elements of the specialized police situation of children and juveniles who violate the law in the differential justice system as well as their impact on crime prevention as one of the important missions of criminal law it is dealt with in restorative justice.

Observing Human Rights is one of the main obligations of the institutions affiliated with the criminal justice system. In this system, bailiffs are representatives tasked with detection of a crime. These officers are required to observe the principles of Human Rights when detecting a crime. The principles of Human Rights which should be observed regarding the defendants at the stage of crime detection include: respecting the rights of the detainee, infrastructure optimization, the principle of respect for the dignity, honor and personality of individuals, the principle of respect for the freedom of individuals and the prohibition of arbitrary detention of defendants, and the principle of respect for privacy. In addition, respecting the rights of detainees include: observing the principle of the legitimacy of criminal interrogation, the right to have an attorney from the beginning of the proceedings, and consideration of the presumption of innocence at the stage of crime detection. In addition to Islamic jurisprudential principles and sources, some international treaties have been signed in this regard, including the Universal Declaration of Human Rights (1948), which contains the doctrines outlined in Islam. In addition to incorporating these principles into the Constitution under Articles 22, 27, 37, 38, etc. The Iranian legislature has addressed this issue in ordinary laws, including both substantive and procedural law. The Code of Criminal Procedure incorporates these principles by making significant adjustments in their foundations and elements.

Establishment of The special police formation for enforcement of penal sentences and announcement at the court and under the supervision of prosecutor’s training is the innovation derived from the two guidelines for organizing the execution units of the penal judgments adopted by the head of the judiciary in 2009 and 2012. There is no conflict between forming special police and the constitution, and its executive function and formation in the units of enforcement of penal sentences and government sanctions are regulated by customary law, such as 2013 Code of Criminal Procedure and 2013 Anti-Smuggling of Goods and Currency Act. The purpose of the special police formation is to quick announcement and the fast implementation of sentences. However, this issue has not been addressed in spite of sufficient regulations and the strong need for specialized enforcement units to enforce judicial orders and decisions. The purpose of the article is to outline the legal status and duties of the special police force in enforcing sentences and notifications and to draw the attention of the authorities to the establishment of this institution throughout the country. This paper is a descriptive-analytical and documentary study that has been prepared through library study
As well as the use of judicial experiences, especially the enforcement of criminal sentences and the establishment of police in Hormozgan province and it is trying to address the role and position of the police in organizing enforcement of penal sentences units.