جستجوی مقالات مرتبط با کلیدواژه "criminal procedure law" در نشریات گروه "فقه و حقوق"

Protecting witnesses against threats is a manifestation of adherence to the principles of fair proceedings and guaranteeing the rights of both parties in a criminal case, however, the practice of different countries in this field is different, the law of criminal procedure while developing several legal articles and also establishing executive regulations for the article 214 C.P.A. has taken a big step towards the implementation of this task. Although the protection of all kinds of life, material and dignified values ​​of witnesses in Iranian law is considered a positive point, but the challenges and basic questions regarding the quality of protection of witnesses of special security crimes and economic corruptions, vulnerable and intimidated witnesses, the need to pay full attention to The financial dimensions and the allocation of legal and psychological assistance and the use of the capacities of restorative justice and civil society as well as the quality of the conflict of these protective measures with the rights of the accused can still be proposed and need to be answered. From the library sources, in the process of comparative study and presenting numerous comparative examples, an attempt has been made to answer and present suitable examples to the Iranian legislator. Considering the numerous suggestions of the article, it is evident that, along with the necessity of practical application of legal regulations and executive regulations, the Iranian legislator should take serious and firm steps in order to adopt special protective measures for vulnerable witnesses, provide wider financial support to witnesses and provide legal assistance and take psychological counseling.

One of the important manifestations of protecting individual rights is the right to a fair trial. Complying with the rules of competence is known as one of the mandatory rules among the principles of fair proceedings, the violation of which has been exceptionally recognized in the criminal procedure law of Iran and France in the form of deviation from inherent and local jurisdiction. The main question in this article is what is the basis of disqualification? In this article, with a descriptive-analytical method, we have investigated cases of deviation from jurisdiction in the criminal procedure law of Iran and France, and we have come to the conclusion that the two important viewpoints of individual rights and public security can be used as the foundations of deviation. He mentioned the qualification. Sometimes the government ignores the rules of jurisdiction in order to protect the rights of the accused in order to have a fair trial, and sometimes the government overrides the rules of jurisdiction for order and public security. The latter case is one of the cases that, due to its unclear scope, can cause the violation of the rights of the defendants.

One of the orders can be granted by the judicial authority for access to the accused party and the possibility of compensating the injured party is the order to "obtain a guarantor by determining the amount of bail". A legal person can participate in all legal activities and consequently have civil and criminal liability. According to Article 221 of the Criminal Procedure code, a legal person can also stand bailing. However, the the letter of the sentence in the mentioned note causes legal ambiguity and may conflict with some basic laws. The present study examines the conditions and limitations of legal person's standing bail by descriptive- analytical method and data collection by library method. The result of the research is that in the case of standing bail by a legal entity, a distinction should be made. The standing bail of a state legal person is generally against legal rules and unjustifiable. Bail is acceptable by a non- governmental legal entity with two conditions: the bail of the accused party in the interests of the legal entity and with the decision of the competent authority at the level of management of the legal entity. standing bail by the endowment, depending on its legal personality, is subject to compliance with the terms of the endowment letter or the agreement of the endowed against the special endowment.

Role of a police court and observing and rights of citizen and law of criminal procedure law have been the most important fundamental laws in each country which an important part of criminal public order and criminal justice is carried out by it during the past 3 decades regulations of judicial system and criminal procedure law have been changed for several times.

In terms of objective, this Paper is an applied Research and in terms of Methodology, it is a descriptive-analytical study.

There is no doubt that passing law suitable criminal procedure law has a very important role to secure rights and freedom of citizen ship and guarantee to carry out justice and security judicial. The most important part of criminal procedure law approved in (2014) to follow right of citizen ship right is consist of a relationship between a parson and government.

The current law defines the responsibilities of all those who are referred to in Article 29 as judges, but in Article 30, in addition to mentioning those who are typically considered as litigious, it is considered necessary to acquire the skills and conduct the necessary training courses in order to obtain the title of judicial authority. And in order to assume the responsibilities of its customers, having a special card is required. The French legislator, with regard to the scope of their powers and their reinstatement from the prosecutor's office, has charged the prosecutor with the task of asking the prosecutor to provide legal support. In Article 58 of the French Criminal Procedure Law, this is the case. In the United States, the prosecutor must, if necessary, be present at the crime scene and be responsible for pursuing the situation. On the basis of the above, the judiciary has been interrogated by the prosecutor's office, and the rights of Iran, France and the United States of America have confirmed the support of the prosecutor's office to those under the jurisdiction of the judiciary, but these protections apply within the framework of the law.

Background and Goal: 

The process of criminal proceedings has long been the manifestation of a conflict between the right to security and the right to citizenship, because achieving the main objective of criminal law, which is the fight against delinquency and the maintenance of the order and security of the Society, without identifying and detecting the offense and condemning and punishing offender is impossible.

In terms of objective, this Paper is an applied Research and in terms of Methodology, it is a descriptive-analytical study.

Establishing criminal justice is not possible except in the light of a fair trial based on providing the defensive rights to the accused, Because the lack of attention to the defendant's right to defense and failure to comply with it may lead to Condemnation of Innocent and the release of the offender, and the actions taken to repair disturbance in public order and public security and prevent the violation of the rights of the people of the Society give reverse results and disrupt the public order and the violate rights of citizens.

The enactment of the criminal Procedure Code of 2014 and the changes made to these rights in relation to the former law require a closer look at the defensive rights of accused in this law. By looking at the Act of 2014, we find that the Legislator has tried, while addressing the defects of previous laws in this area, secure more and more citizens' rights of accused.

Fair Trial is the resolution of disputes in a legal, impartial, independent and observing all rights of the parties. In other words, the principles and rules of fair trial are fined in domestic law and international documents, including the Charter of Human Rights, the International Civil and Political Law Treaty, and other international documents. The presumption of innocence as the most fundamental principle, the principle of legality of crimes and punishments, the principle of equality of persons before the law and the principle of arms equality are among the most important principles of due process. Also, for the detention phase, the right to an interpreter, the right to be aware of the causes of arrest, the right to object to detention, the request for compensation resulting from false detention and other rights are the requirements of the proceedings at this stage. The most important conditions of fair trial in the preliminary investigations are the rights which be protected from the lawyer and the right to silence. In the trial phase, the lack of impartiality, independence and non-affiliation, documentation of rulings, equality between persons, presentation of evidence by both parties, publicity of the proceedings, the right to a lawyer, the right to appear in court, the right to question witnesses, the right to appeal and other rights should be guaranteed in order for a fair trial to be achieved. The Criminal Procedure Code of 2013 has made great progress in aligning and coordinating with international and regional documents in comparison with the former Criminal Procedure Code, although there are still flaws and gaps in it.

In the Islamic Republic of Iran, following numerous criminal procedures, the penal code was finally approved in 2013. This regulation pays great attention to detail. The principles of fair trial include principles such as general guarantees, including the right to litigation, Independence and impartiality of the reference authority, the equality of defense facilities, the availability of facilities and adequate defense time, the right to face trial, the right to appeal, the right to open proceedings, the right to be heard within the reasonable period of time, the principle of opposition or opposition, the principle of the legality of crime and punishment, the principle of innocence, The right to know the charges, with the reasons for it, the right to remain silent in the investigation and giving C, prohibition of torture and other ill-treatment during investigation, the right to confront witnesses and ask questions of the other side and so on. And finally, it should be noted that this law has paid a lot of attention to the principles of fair trial than the former laws.

For many years, all the attention was focus on the rights of the accused in the criminal procedure. It was justified by the defendant being defenseless before the prosecutor's office. In the meantime, the role of the victim in the advancement of the preliminary investigation process was underestimated and he was passive. With victim-oriented approach, some of the criminal justice systems targeted his role. In the Criminal Procedure Code of Iran, victim's rights have undergone major changes in the Code of Criminal Procedure, approved in 2013, in accordance with human rights standards. At the head of these developments are the right to security and the right to maintain identity. Our studies have shown that the approach of the Criminal Procedure Code of Iran, in comparison with the former laws, has taken into account a participatory and active role for the victim in the context of preparatory research. The prediction of the innovative rights in the law provides for the further participation of the victim in order to declare, disclose, prosecute and investigate the crime; including the explicit and transparent support of victim's security against potential threats and the need to maintain his identity.

The new criminal procedure law in 570 articles and 230 notes approved by the session of 4/12/1392. The Legal and Legal Commission of the Islamic Consultative Assembly, in accordance with the eighty-fifth principle of the constitution, which was submitted to the Islamic Consultative Assembly under the bill, was approved by the Parliament The trial was conducted for three years in a public hearing dated 19/11/1390 and approved by the Security Council on 26/12/1392, dated 3/2/1393 under the number 20135 in the official newspaper of the country, and in line with Article 569, After six months from the date of publication in the official newspaper of the country comes into force. In this paper, we will review the achievements and innovations of the new law in a legal manner. Due to the wide-ranging discussion of the present study, we will find it in a case-by-case manner.

One of the functions of criminal procedure is support of the rights and individual freedom. In some situations, restrictive actions such as detention to keep public order and detect a crime is inevitable. This action is against the principle of the innocence and therefore must be used as a last resort. To achieve mentioned purpose and also fair justice, on the one hand at this essay will be emphasized that detention warrant must be issued only by a “neutral, detached and independent” judge and also detention being adversarial proceeding and making distinguish between investigatory authority and judicial judge will be emphasized. On the other hand, detained person at necessary situations in the legal manners must object to the detention before an independent authority. According to comparison studies, judicial authority must be considered the objection as soon as possible in the adversarial proceeding and in presence of detained person. It is noted that this process must be hold in the multiple judges system and obtained a suitable decision. It is obvious that the use of comparison studies in the both of fields could assist us in seeking fair model for the proceeding of issuance and objection to detention warrant as the most serious action against individual right before issuing certain verdict.

Nowadays, the participation of non-governmental organizations are considered as a one of a good elements of the governance from the economic, social and cultural points of view. The mentioned participation in legal system can play a prominent role in the efficiency and public confidence. The new criminal procedure law aiming at operationalizing the above objectives, has officially recognized the Pursuing the Public Action in a special category of crimes by these organizations. Although the position of these organizations has been cited in the text of law as a “crime reporter”, extensive authorities such as presenting an evidence and protesting to an award which was made have been granted to them. In fact, the law -due to discretionary spending in this arearefused to name them as a “plaintiff ". Probably, due to the predicted authority, the law considered an "intermediate" role between plaintiff and crime reporter. In some cases in which a crime has a specific victim, the consent of victim or his/her legal guardian is necessary and required. The matter which has been neglected in the law is the mechanism of supervision for the activities of these organizations. I hope it becomes possible to clarify the failures of this law by its implementation and then take the better step under the light of the experiences.