جستجوی مقالات مرتبط با کلیدواژه « criminal proceedings » در نشریات گروه « فقه و حقوق »

Human dignity and the legitimate freedoms of members of the society are one of the fundamental rights of nations, which the government, as a superior governing body, is responsible for observing. It is important to refer to the history of civilized societies and sacred religious texts that legitimate freedoms have been the concern of rulers and demanded by citizens for many years. The current form of power structure in most societies, which takes place in accordance with the separation of powers, requires the consideration of a large governing body to implement and facilitate the observance of these freedoms for individuals. In the process of criminal proceedings, compliance with some penal principles will guarantee the legitimate freedom of citizens during the proceedings and proceedings of the courts. In this research, by studying and verifying these principles, we will deal with the performance of the judiciary in protecting the basic rights of people in the society. These principles are briefly; The principle of acquittal, the principle of non-retroactivity of criminal laws, the prohibition of torture and the acquisition of illegitimate reasons, and the principles governing the determination of crimes and punishments.

ex-ante judicial supervision over prosecution and investigation is one of the new developments in criminal procedure. This supervision is the use of supervision by court judges or independent expert judges outside of the Prosecutor's Office over the actions and decisions of the Prosecutor's Office, including the investigator, especially actions that impact individual rights and freedoms in the pre-trial stage of criminal proceedings. Ex-ante supervision is recognized in the criminal justice system of Italy, and Germany; however, in Iran's law, ex-ante judicial supervision has been considered only case-by-case in some articles of Iran's Criminal Procedure Code, without being correctly extended to all decisions that are related to the rights and freedoms of individuals in the pre-trial stage. This article aims to explain the ex-ante judicial supervision comparatively taken in Germany and Italy and examine their differences with the existing supervision in Iran using analytical and descriptive methods, and at the same time, it is comparative with library collection tools; done. The findings of the research indicate the need for Iranian legislators and legal doctrine to pay attention to the issue of ex-ante judicial supervision over prosecution and investigation, such as in Germany and Italy, in an explicit and precise manner, and to prevent the centralization of powers of prosecution, investigation and supervision in the hands of the prosecutor's office to improve the quality of criminal justice and Prevention of judicial errors and violation of people's rights with these broad powers that were given to the judiciary.

Statement of the problem:

 society and criminal system, in pursuit of the goals they seek to fulfill by indicting criminals and punishing them, sometimes encounter people who do not have a normal mental state in any of the situations of being in the society or in the different stages of committing a crime until the end of the punishment, and this issue makes challenges for the realization of these goals possible. In the current situation, apart from the medical and psychiatric guidelines, there are no comprehensive regulations that include a mechanism for identifying, introducing, guiding, treating people with mental disorders and protecting their rights against the guardians and duties they have towards them, and on the other hand, determining the status of judicial authorities in dealing with them, or they do not have the necessary comprehensiveness. Consideration of the provisions of the new bill as far as it is related to the patients and their rights in the criminal process has been considered in writing this article.

The present article is taken from the library research method in its first speech and from the analytical-descriptive method in the other speeches.

The new bill, while innovating in some of its regulations, has tried to fix the existing deficiencies, but it faces challenges in terms of the efficiency and the possibility of applying those regulations.

Confidentiality of information and prohibition of its disclosure in the judicial process is one of the most important aspects of privacy. Therefore, governments have implemented legal and criminal protections in order to guarantee it and consider its violation as a criminal behavior. Respecting and guaranteeing the privacy of information in criminal cases, due to its importance in the outcome of proceedings, is foreseen in both the criminal systems of Iran and England. This is a descriptive and analytical research that, from the perspective of the goal; It is practical. The research method is document-library. In both the criminal systems of England and Iran, information privacy is considered as one of the important aspects of privacy, and several solutions have been provided to protect information privacy and prevent the disclosure of case information. Confidentiality of preliminary investigation, no access to the file, closed proceedings, non-disclosure of the identity of the witness (and in some cases the identity of the victim-witness), prohibition and limitation of audio and video recording of the criminal proceedings, and prohibition of the publication of images and identity details. Among the most important effects and examples, are those provided in the laws of Iran and England in order to prohibit the disclosure of information in the process of criminal proceedings.

One of the crucial tasks of professional ethics knowledge is to critique recognized professional practices. Ethical behaviors, emphasizing self-discipline, prevent harm, damage, and other issues before they occur. Stakeholders expect professionals to commit to ethical obligations and responsibilities, while professionals, in turn, anticipate ethical knowledge to systematically address ethical responsibilities in their profession and effectively solve ethical issues. Ethical considerations are explored through two approaches, human resources and organizational, in the analysis of the issues discussed in this research. The fundamental question of this article is which aspects of professional ethics are specific to adjudication? Do regulations governing some judicial responsibilities suffice? In establishing judicial ethics, in addition to regulations, what strategies can be proposed? This article, relying on a problem-solving approach and drawing on the principles of issue analysis, employs a descriptive-analytical method, utilizing library resources, interdisciplinary studies, and judicial experience., relying on a problem-solving approach and drawing on the principles of issue analysis,

The principle of jurisdiction of public courts is considered as one of the basic principles of any legal system. Trial in special courts is an exception in the area of criminal procedure law. Therefore, in this article, considering the importance and important role of the balance between security-oriented and citizen-oriented approaches in achieving a just and fair trial, while expressing the limitations imposed on the well-known principles and guaranteeing the defense rights of the accused, to the extent to present the possibility of balancing mechanisms between these approaches during the proceedings of the Revolutionary Court. One of the types of specialized authorities in Iran's criminal law, which was formed with the aim of consolidating and stabilizing the foundations of the system, is the Islamic Revolution Court and since the proceedings in these courts are a specialized court by itself, the suspicion of non-observance of procedural guarantees is raised. The mind takes action; Determining the status and degree of adherence to the well-known principles of fair proceedings, such as observing the principle of public proceedings, the presumption of innocence of the accused, the right to have a lawyer, the right to appeal, etc., during the proceedings of this court, is an important and inevitable matter. Although the Iranian Criminal Procedure Law approved in 2012 compared to previous laws and under the influence of human rights and humanitarian perspectives, efforts have been made to create a balance between security-oriented and citizen-oriented approaches and pay more attention to the observance of citizen's rights, but there are still signs of adopting the dominant approach there is a security focus in the proceedings of some crimes in this court, which has caused problems and criticisms.

The victim of crime plays an important and essential role in criminal prosecution. In forgivable crimes, criminal prosecution will not be possible without his will and in such crimes, the victim can play an important and active role in criminal prosecution. In the present research, "Participation of the victim in the judicial process: basics, challenges and solutions" the following results were obtained with the descriptive and analytical method. Victim participation faces two types of challenges in criminal prosecution. Personal challenges related to the victim himself and in between, victimized fear, shame of the victim, family and friendship considerations, the victim's lack of awareness and the victim's inability are among the most important reasons for the victim's non-participation in prosecution. Structural challenges related to the structure of the criminal justice system, including the lack of proper communication between the victim and the authorities and mediation of officers and employees and judicial service offices, the authority of the prosecuting authority, secrecy and non-arbitrary nature of some of the proceedings and prolongation of the prosecution are among the most important structural challenges. Iran's criminal justice system in the field of structural challenges has tried to increase the victim's participation in criminal proceedings, but regarding the personal challenges related to the victim, this system doesn’t enjoy a desirable situation.  Eliminating the grounds of fear and shame in the victim, allowing the victim not to be pursued, helping to preserve the identity of the victim, the removal of intermediaries between the victim and the criminal justice authorities, and the improvement of the legal knowledge of officers and employees can contribute to most of the victims involved in the criminal proceedings.

The arrangement of criminal hearings is one of the important issues of criminal law that has not been discussed much. In this article, an attempt has been made to compare the arrangement of court sessions in Iranian and French law. The current article is descriptive and analytical, and it has been investigated using the library method. The findings indicate that the arrangements for criminal proceedings in Iranian and French law have a lot in common. In both Iranian and French laws, investigations and preliminary hearings are conducted after the discovery of a crime or the declaration of a crime by the accused or the prosecutor. Then it's time to issue a hearing order, determine the jurisdiction of the court and hold a preliminary hearing. Appeals and appeals are the sessions after the trial court. In the criminal law of France and Iran, the legislator did not accept a one-stage trial and for this reason, he has foreseen different stages so that there is no doubt about the legality of the final decision. Despite this, the courts of first instance, the Court of Appeal and the Supreme Court have duties and powers in compliance with the principle of legal proceedings. These duties and powers are wider in French law.

One of the problems of the judicial system that may lead to the failure of a fair trial is the issue of procrastination. In order to resolve this issue and try to provide measures to expedite the investigation of criminal cases in special cases, the Iranian legislature, without causing any damage to the proceedings, by removing some of the proceedings and with the approval of Article 86 of the Criminal Code. The ICC has come up with a useful solution and approved the oral indictment for a wide range of crimes. Execution of the oral indictment is subject to certain conditions, and considering that in the mentioned article, it is possible to present an oral indictment for all crimes except the crimes mentioned in Article 302 of the Criminal Procedure Code, this issue can be a factor in determining the quick assignment of cases. Despite presenting such a useful strategy for reasons such as the unwillingness of the prosecuting authority, and consequently the lack of a clear procedure for the implementation of those obstacles and ambiguities in its implementation, especially regarding the rights of the accused, issuing security contracts, presence or absence The prosecutor is seen in the hearing and so on. In this research, which has been written analytically-descriptively using library resources, these cases have been studied and, if necessary, a solution has been provided.

Although prosecuting criminals is one of the characteristics of a fair legal system, but from the perspective of utilitarianism and social expediency, sometimes it is necessary to abandon the aforementioned principle and turn to the principle of appropriateness of prosecution. Pursuing criminals is fair from a legal point of view and from a utilitarian and social point of view, it is directed towards the principle of the end of the pursuit. Adopting such a policy is closer to the goal of reforming the criminal and from the point of view of legal sociology, it is considered a step in the direction of avoiding labeling criminals. Therefore, the expiration of the prosecution and follow-up of the criminal is considered a chance factor in the society to avoid labeling the criminals. The above research on description and interpretation has studied the implementation of the principle of appropriateness of prosecution in the criminal system of Iran and other countries such as the former Yugoslavia and Rwanda and the military courts of Nuremberg and Tokyo. The results of the above research show that the policies of local proceedings, selection and priority, the interests of justice and the interests of expediency are the most important factors in judicial policies in the courts of the above countries. The difference between Iran's legal system and other countries is that in Iran's legal system, the principle of expiration is optional in most cases, while in the legal systems of the studied countries, it is mandatory.

The preservation and survival of the society depends on the justice system taking steps in the direction of supporting the individual and social rights of the general public; But there should also be a competent authority and body that can specifically protect their rights on behalf of the society, and rather take steps to establish and revive their rights. In many countries, including Iran, the prosecutor's office is responsible for this by prosecuting, prosecuting and punishing those who violate people's rights. The role of prosecutors in securing public rights and enforcing law and justice is very important and they have dangerous powers and duties in the direction of public rights; One of the headings of public law is "prevention of crime". In this descriptive article, the duties and powers of the prosecutor's office and the prosecutor in crime prevention and preservation and revival of public rights will be examined.

The Statute of the International Criminal Court allows the victims whose personal interests have been damaged by the occurrence of crimes under the jurisdiction of the Court, under certain conditions, to participate in the proceedings. This issue has been explained more precisely in the provisions of the court's rules of procedure and evidence, as well as the judicial procedure of this authority. Also, the intervention of the victims in the criminal proceedings before the court has been specified. The focus on the rights of the victims and issues related to them in the International Criminal Court is much more than in the courts of Yugoslavia and Rwanda. Attention to the rights of victims has increased in international and internationalized criminal authorities that were established after the International Criminal Court. In total, there are two approaches regarding the provisions of the Court's statute regarding the participation of the victims; The first point of view has a positive view of this issue, but the second point of view considers this participation as having bad effects on international criminal proceedings.

To commit a crime, the integration of three psychological, material and legal elements is required. In the current legislative situation, barriers to criminal liability are divided into two categories: factors that justify crime and factors that eliminate criminal responsibility; But the absence of some elements can generally prevent the commission of a crime that is important in the judicial affairs of the prosecutor's office. This research has been done by analytical-descriptive method and its purpose is to investigate the effects of the establishment of new barriers to the realization of crime on the administrative procedures of the prosecutor's office. It was concluded that the boundary between obstacles to the commission of a crime is blurred by the two current establishments mentioned in the Islamic Penal Code, which legally require separation. In the absence of a crime, many criminal proceedings, which are the principles of judicial administrative law, such as the prosecution, security and detention of the accused; It should be canceled and the investigation should take a different path. In fact, the judiciary will not treat the perpetrator as a criminal. In this regard, there is a need for judicial officers to have more complete administrative coordination with the judiciary in order for the administrative procedures of the criminal procedure regarding the mentioned establishment to be properly implemented. Special and detailed consideration of the issue of attribution of crime is also required in the new establishment, which requires close and uninterrupted cooperation between the two judicial institutions of the prosecutor's

The influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies by channels and non-scientific centers has caused, contrary to the initial perception of policy makers, the desired results have not been achieved. In recent years, after the economic crisis and the fall in the value of the rial, profiteers have mainly entered the foreign exchange, coin and car markets by using rents and have disrupted these markets and as a result, the economic situation has become more critical. The importance of the currency and coin market is that any fluctuations and inflation in the currency and coin market cause unbridled inflation in other markets, including the housing market, the car market and the market of basic and non-essential goods. As a result, it can be said that stability in the currency and coin market is directly related to economic stability at a level and to the social, economic and political security of the country at a larger level. It is obvious that controlling the currency and coin market, especially in times of economic crisis (such as what happened after the imposition of sanctions on the Iranian economy), is very important, but it remains to be seen whether Iran's criminal policy approach is effective in this regard. Has been or not. Among the manifestations of populism in dealing with economic crimes can be such things as: adopting immediate and short-term criminal policies and programs and propaganda, focusing on strict criminal responses, emphasizing theatrical aspects. In the trial and execution of the sentence, he pointed to the defamation of the convicts by disclosing their identities, the creation of untimely organizational structures,

Achieving a fair trial in criminal matters depends on respecting the rights of litigants in order to secure their claims. Due to the sensitive position of the accused in the mentioned process, the judicial systems have paid special attention to his rights. The criminal procedure, unlike the substantive criminal law which addresses only violators of the law, includes all members of society (criminals and non-criminals). It pursues two main goals: first, to restore order disrupted by the crime, and second, to protect the fundamental rights and freedoms of individuals. In order to prevent the arbitrariness of some institutions and the violation of the rights and freedoms of individuals, the trial in the courts must be carried out in accordance with the principles and regulations known as the principles of criminal procedure. The path of implementation of the rules and regulations of the Code of Criminal Procedure, which is the arena of confrontation between individual rights and freedoms with the need to maintain social order and security, is such that rotation and inclination to one side is not possible except by criticizing the other; The procedure of criminal procedure should be regulated in such a way that while observing the interaction and balance of these two categories, the result is to ensure the security of the society while respecting individual rights and freedoms. In this article, these principles and reasons will be examined.

In substantive and formal criminal law, especially criminal procedure, thepurpose of the legislator in legislating and approving new regulations, takinginto account the new conditions, is to facilitate matters in the criminalprocess in such a way that the rights of the litigants are respected. Of course,in this regard, according to legal principles, the legislator pays specialattention to the accused to protect his rights. At present, in view of thewidespread pandemic of the Covid-19 virus and its dangers to public safetyand the personal and social health of citizens, it is necessary to plan andorganize in order to prevent compatriots from contracting the virus.Therefore, it is the duty of all forces and executive bodies to take thenecessary and appropriate measures in this regard. The outbreak of the virusand the public's concern about it have had a profound effect on the criminalproceedings, as well as the way litigants appear in the judiciary and pursuetheir cases. To this end, the judiciary, judicial officials and managers haveconsidered measures in criminal proceedings and issued special sections andinstructions. Such as the circular issued by the First Deputy of the Judiciaryto all judicial and administrative units of the Judiciary in order to postponethe trial until the end of April 2020. In addition, the emergence and spread ofthis disease in the country have provided an opportunity for judicialpolicymakers to change their judicial system in line with the developmentsin developed countries. These legal opportunities and capacities includeelectronic surveillance of the convict, e-trial and its mechanisms. Of course,this disease has accompanied the judiciary with challenges and gaps thatshould not be overlooked. In this study, while explaining and examining theimpact of Covid-19 disease on the judiciary criminal and legal proceedingsopportunities as well as challenges created in this field will be examined.

As a result of the Covid-19 pandemic and its catastrophic effects t ondifferent aspects of human life, including national health and security andpersonal and social wellbeing of people, there must be special considerationto the criminal proceedings and the situation of the prisons and the prisoners.There have been some initiatives in the form of regulations and bylaws tomanage the special conditions created by judicial authorities and correctionsystem to materialize the social distancing requirements in prisons. Besides,this disease and its fast spread created many chances for development of theIranian judiciary system along with the developed countries. Some of themeasures taken in this era are included in an executive order called"organization and moderation of prisons' population" and some otherinitiatives like maximizing the use of parole and probation, alternativepunishments and electronic proceedings. There have been also challengesand deficiencies in our legal system which are related to this pandemic andmust be considered carefully. In this paper, analysis has been made about theeffect of covid-19 pandemic on prisons and prisoners and challenges andopportunities created.

Observing a reasonable time in criminal proceedings is one of the important components of a fair trial which at the same time is associated with the benefits and interests of the accused, the victim and the society. In Article 3 of the Criminal Procedure Code of 1392, the legislator has emphasized the need to observe this principle in criminal proceedings by using the phrase "in the shortest possible time". However, in domestic law, there is no criterion for assessing the observance of the said principle, and it is difficult to estimate its observance in various cases. The findings of this research, which is conducted through a descriptive-analytical method, demonstrate that the jurisprudence of the European Court of Human Rights (ECHR) contains variables that can be used as criteria for compliance with the principle of reasonable time in criminal proceedings. Examination of the judgements issued by the Court shows that the complexity of the case, the actions and behavior of the applicant, the actions of the parties involved in the case, the multiplicity of investigating authorities, etc. can be considered as important and decisive variables and act effectively in assessment of unjustified waste of time in criminal proceedings. The above conditions are different in each case and, as a consequence, the determination of the normal length of time before the trial is not consistent with the facts.

One of the most important issues in international criminal law is determining the jurisdiction of the courts to exercise jurisdiction. In this regard, according to the principle of territorial jurisdiction, all crimes committed within the territory of a country can be prosecuted and tried in the same country. On the other hand, it occurs in cases where the perpetrator is a citizen of another country or the evidence of the crime exists in another country, and if the trial takes place in these countries, with the requirements of fairness and justice, preserving the existing evidence, preventing Procrastination and ... is much closer. According to one of the manifestations of legal cooperation between states, in the transfer or referral of criminal proceedings, a country that has the inherent jurisdiction to try a crime may transfer that crime to another country on the basis of the principles and certain criteria, refer. Now, the question that has been less addressed in legal texts and researches is what is the meaning of transferring criminal proceedings between countries? What is the difference between it and institutions such as the transfer of convicts or extradition of criminals, and finally, what is the practical position of this institution in our country's legal system and its practical challenges? Accordingly, in this study, we will first examine the concept of this institution and recognize it from similar concepts, and then we will examine the practical position of this institution and its challenges in the judicial system of our country, and finally measures to improve the status of this useful action. We will present in the Iranian criminal justice system and the solution of existing practical challenges.

Proving a criminal case has always faced difficulties and one of the methods to prove a crime is to use the presumptions. Legal presumption and judicial presumption are two types of presumptions in Iranian law. The presumptions has rule of life in criminal law and is limited to those cases that the legislature has recognized as valid. Important examples of legal presumptions in Iranian criminal law are the presumption of criminality in the money laundering law, the presumption of membership in anti-security groups of the country and the statistics of aggravation of punishment. There are also other legal presumption that are addressed in the present study. In order to establish the truth of a case in a case, the judge is required to follow the law provided by the legislature. But the credibility of the judicial presumption depends on the opinion of the judge. The implication of this type of presumption is stronger than the implication of legal presumption and the peace of conscience of the judge is more tangible in judicial presumption. The cases of the Judicial presumption can not be counted and confined in any way, but the most important examples are expertise, research and examination of the place, fingerprinting, etc. The judicial presumption should only be cited in proving the rights of the people; Because in the right of God, the principle is to cover. In the present study, descriptive-analytical method and using numerous articles and books to identify the examples of the presumption and also one of the challenges of using the presumption, namely different forms of conflict. In line with the above-mentioned challenge, new and practical solutions for resolving conflicts have been presented, the effect of which is to provide the means for issuing a fair verdict and discovering the clear and obvious truth.