جستجوی مقالات مرتبط با کلیدواژه "security-oriented approach" در نشریات گروه "فقه و حقوق"

Criminal procedure is the meeting point between the rights of individuals and society, both of which are important and must be protected. In criminal law, there are principles and rules governing the stages of criminal justice implementation and the duties of the officials who do this, and respecting the rights of the accused, the victim, and society, which are called criminal procedure. In the meantime, the legislator has used a special procedure in the field of criminal law based on considerations regarding some crimes and individuals, which is called differential procedure. In this type of proceedings, the main origin of which takes place in special courts, we are often faced with the adoption of two security-oriented and citizen-oriented approaches, and since the proceedings in these courts, at first glance, the suspicion of non-compliance with guarantees It brings to mind the proceedings; Determining the status and degree of adherence to the well-known principles of fair and just proceedings, such as the presumption of innocence of the accused, the public nature of the proceedings, the right to have a lawyer, hearing within a reasonable time, the right to appeal, etc., as components of a citizen-centered approach, is essential. It is important and inevitable; Therefore, considering the importance and important role of having a balance between these two approaches and avoiding the adoption of a purely security-oriented approach, which leads to the possibility of neutrality of the judicial system and violation of the defense rights of the accused; In addition to stating the limitations imposed on the well-known principles and guaranteeing the defendants' defense rights, we would like to present, as far as possible, the mechanisms to create balance in the course of differential proceedings in Iran's criminal justice system.

The title of security crimes refers to crimes that threaten the existence of the entire society and the government. Undoubtedly, security crimes can be considered as one of the most sensitive and important areas of challenge and confrontation between the rights of sovereignty and the rights of citizens. Criminalization and criminal accountability derived from the governing principles and dignity-oriented components contained in the extra-legal and legislative regulations and human rights requirements imposes the law on the citizens. Observance of dignity-oriented components in criminalization and criminal response to crime and social anomalies leads to the establishment of a proper balance between the rights of the sovereign and the rights of citizens, and failure to observe dignity-oriented components in criminalization and criminal response in security crimes results in an increase in criminal behavior and There will be no cost to society.

The current research is qualitative and according to the nature of the subject, in terms of practical purpose and in terms of collecting information by documentary method and through the study of valid laws and sources, and the obtained information has been analyzed in a descriptive-analytical manner.

The country's criminal policy regarding the criminalization and criminal response to security crimes was analyzed and evaluated in terms of dignity-based components in the supra-legislative and legislative regulations and human rights requirements. Criminal accountability guarantees the citizenship rights of the accused and the perpetrators of the aforementioned crimes and promotes the rights of sovereignty.

According to the security-oriented approach governing security crimes, overseeing the criminalization and criminal response of the existing criminal policy with the development of criminalization in the area of ​​citizens' free behavioral space, the application of severe punishments and the lack of amicable criminal responses to such Crimes have brought challenges to the rights and freedoms of citizens. In order to clear the ambiguities in the criminalization and criminal response of security crimes, the legislator should take action to amend and adapt the laws with dignity-oriented components in this field.

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.