جستجوی مقالات مرتبط با کلیدواژه « دادرسی کیفری » در نشریات گروه « پزشکی »

Claims about public health and social health of the community can be made by both natural persons and legal entities, including individuals of public rights and private individuals, because they may be the result of pollution and destruction of damage and damage. Each of these persons; however, if the person is not directly harmed, he can not be considered as a plaintiff in his claim as a plaintiff in a recurrent claim. But given the overwhelming public perception of these crimes, the legislator, along with the natural or legal persons who directly lodge complaints with the private claimant with the plaintiff in relation to these crimes. However, the authors will explain how the NGOchr('39')s participation in Islamic-Iranian lifestyle trials will take place in this category of claims.

Methodology and Materials: 

The present study is conducted as descriptive and analytical studies in the form of libraries and documents.

Due to the nature of these issues belonging to each member of society and related to the belief in the Islamic lifestyle of Iran and social health of the community, therefore, special crimes can not be considered for crimes committed against them.

Active members of this field also have the authority to act on behalf of other people in the community to protect and protect the public interest and related issues; these categories of crimes in accordance with Article 66 of the new Code of Criminal Procedure, approved in 2013 And Amendments of 24/03/2014 include crimes against public health and social health.

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.

It is true that fulfillment of rights and settlement of disputes in declaring crimes and submitting complaints based on Criminal Procedure Act is one of the duties entrusted with judges, but to succeed in this regard discovering the truth and fact is necessary. It is not always easy for judges to reach this end and it requires cooperation and collaboration of competent experts who are fully equipped with relevant skills and technologies to help judges to achieve the final objective, i.e. administration of justice. The forensic medicine is one of the most important members of this group, which stands first in Criminal Procedure Act because of benefits derived from its specialty and opinion. The Criminal Procedure Act of1392, through which the legislators endeavored to be up-to-date and remove the shortcomings of the previous Act, provides for involvement of forensic medicine in criminal prosecution and different stages of the proceedings, including detection of crime, prosecution of the accused, detention, trial, sentencing and enforcement of the punishment. This study attempts to show the role considered by the mentioned Act for forensic medicine in each one of the mentioned stages and effects of its opinions in the decisions made by the judicial authorities. It is clear that the role of the forensic medicine in law is more than just presence and to give advice in criminal procedure and other fields of this science such as civil law, Criminal law, etc, benefit from the forensic medicine in fulfiling their duty of administering justice. Of course, dealing with these issues requires related research efforts.

Insanity of accused is one of the problems which may happen In the process of criminal procedure. As insanity removing criminal responsibility and the insane person has no comprehension of what he /she has been committed، this issue is truly important and Depending on which phase that accused become mad and insane، judicial decision would be different، it may be amount to writ of order of prosecution، stay order or even enforcement of sentence and etc…. Although it seems the articles related to definition of insane، enforcement of Hudoud and Qesas against insane person have some difficulties. Following this، to illustrate more the subject-matter، concerned articles in Islamic Penal code Bill would be analyzed.