جستجوی مقالات مرتبط با کلیدواژه « تحقیقات مقدماتی » در نشریات گروه « پزشکی »

Contractualization or in other words, contractualization is a title given to a new approach to traditional criminal justice. Based on this new strategy, the system of responding to the crime and its perpetrator is formed and implemented, not only based on the unilateral decision of the judicial authority, but also through an agreement with the perpetrator of the crime.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.

Ethical Considerations: 

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Based on the consensus mechanism, the judicial authority can implement criminal justice from the traditional, vertical and one-way mode, horizontally and bilaterally in the cases determined by the law.

Iran’s criminal justice system, with the approval of the Criminal Procedure Law approved in 2012, has been able to identify various examples and manifestations of the consensus strategy. On the other hand, one of the important stages of the implementation of these examples and effects is the stage of preliminary investigation by the prosecution authorities. In the legal system of common law, attention has been paid to the centrality of prohibition of criminal prosecution with the approach of alignment in justice in the stage of preliminary investigation.

The proportionality of penalties with the personality and characteristics of convicts is one of the basic principles of many criminal systems. Nowadays, the pay attention to this principle is important in criminal procedure rules. Considering this issue in preliminary investigations is very important in the rules of criminal procedure. Objectives such as summoning, catching, accusing, interrogating and issuing custodial sentences are important issues in the preliminary investigation phase. One of the groups that require a differential pre-trial in the research phase is the accused patients. The question that comes to mind is what the status of the patient's accused at the pre-trial stage is? Shall we consider a differential Criminal Procedure? Does the legislator already have a differential criminal policy in this regard? This research, evaluates the different aspects of the criminal procedure Act 2013, examines the capacity of the present law to apply a differential criminal policy. The Criminal Procedure Act 2013, in many cases, seeks to differentiate the status of patients in the research phase.This study suggests that, with respect to the accused patients and the requirements of the criminal procedure in the preparatory phase of research, legislator should strengthen the differentiation of the procedure based on criminological teachings concurrent to the dignity of the patients.

The activities of the criminal justice system began with the commission of the crime and tries to social order is restored and the victim is entitled to the right with the transition from the stages of exposure of a crime, prosecution, investigation, trial and execution of the sentence. Throughout the steps above, the steps taken in the exposure of a crime, prosecution, primarily investigation have a significant role in discovering the truth. The realization of this goal is outside of the jurisdiction of the judicial authorities, and various experts, including doctors, help them. The question arises is that: the presence of doctors in the process of discovery, prosecution and preliminary investigations will affect the criminal process? Through the establishment and management of NGOs in the field of patients, they can participate in the detection of crimes against the patients. They can also independently inform prosecutors about crimes against patients and help initiate a criminal justice system intervention. In addition, the results of medical examinations on the records of the suspects' illnesses constitute an important part of the person's case file and help the judiciary to issue appropriate sentences. Additionally, doctors, according to their oath, are obliged to provide services to all individuals. Therefore, if the accused needs medical assistance and the judicial authority asks them, they will commit themselves to executing the order of the judiciary. Ultimately, the views of doctors can play an important role in discovering the truth and possibly leading to a reduction or deterioration of criminal responsibility. This article attempts to analyze the most important effects of the role of doctors in the pre-trial stages (exposure of a crime, prosecution and preliminary investigations) with using a descriptive and analytical method and based on the legal articles. Please cite this article as: Moghaddasi MB, Yazdani J. The Role of Doctors in the Pre-Trial. Iran J Med Law 2019; 13(48): 65-90.

Diversion, one of committed crimes as changing the path of addressing committed crime is an approach considered by the criminal justice system especially in relation to the committed crimes by certain groups of society. Performing these measures is of great importance especially in case of criminals with some type of mental disorder. Considering the fact that the justice's executives, as the first deploy of criminal justice system, play a role in against crimes and criminals, performing the measures related to diversion in the criminals in primary researches by the executives is important both regarding the reduction of economic costs of the criminal justice system and in terms of reaching to the goals of diversion. Attention to the interference patterns of the executives in the process of addressing the criminal's crimes indicate that today "crisis intervention team", as a group of educated police officers, play a pivotal role in performing diversion measures in the primary researches stage. To this end, the officers plying a role in the team are capable of making decisions for not introducing the criminals to the judicial centers depending on the type and nature of the crimes. In this paper, with investigation of duties and authorities of the justice's executives in the legal system of Iran and the U.S against the criminals having mental disorders, we conclude that unlike the legal system of the U.S, in the Iran' legal system lawmaker lacks a particular approach regarding the diversion from the committed crimes in the process of primary researches.

The relation between ethics and criminal law is discussable from two viewpoints of ethics relation with substantial criminal law and contractual criminal law. This study aimed to analyze the examples of sovereignty of the ethical requirements in the primary investigations process, in the Iran’s Code of Criminal Law.
In this qualitative research, document analysis method was used. In order to introduce main conceptions, the phrases of the Iran’s Code of Criminal Law was firstly defined and then, the examples were analyzed and discussed.
Findings: The examples of governance of the ethical requirements in the primary investigations process, in the Iran’s Code of Criminal Law has been paid attention under two main items: judicial officials tasks and victim actions. The possibility of ignoring the moralities in the primary investigations process by both judicial officials and accused person is more than other phases of investigation. Regarding the breach of ethical requirements in the primary investigations process lacks any legal guarantee, therefore, the consciousness and moralities are just executive guarantees.
The findings indicate that according to the Iran’s Code of Criminal Law, the primary investigations of judicial officials is not based on the law text but is based on the ethical requirements and moralities. Moreover, in many cases the lawmaker has assigned some tasks and duties for the judicial officials that their just executive guarantee is ethical requirements.