Summary Proceeding on Sexual Offenses (Challenges and Solutions)

Iran's Criminal Procedure Act 2013, in Article 306, provides summary proceedings to sex offenses that its origins go back to a topic in the Shari'a called “Ignoring the Offence”. By examining the philosophy of ignoring the Offence, it is observed that ignoring the offence in the Shari'a has a subjective exit with most of the cases related to the illicit relationship. The Shari'a urges the accused not to confess that he has no claimant and in this case, he wants to confess. In practice, however, the files that begin without the plaintiff's complaint are very small. The administration of direct trial in the obscenity crime has created unanticipated challenges for judges and plaintiffs and others that led to repeated disagreements between jurisdictions, discouragement of victims, and prolonging the trial process. The current solution to the challenges is to adopt a judicial procedure: If the sex crimes are brought up with other crimes, the prosecution will deal with all the charges together without distinction. Statistical data analysis, conducted through the evaluation of field questionnaires among seventy judges and shown in the form of tables and diagrams, involve the numerous challenges of summary proceeding in sex crimes and the prescribing of a standard approach to dealing with these crimes.