Code of Criminal Procedure
MohammadMahdi Saghian; Alireza Noorian
Abstract
Constitutionalisation means entering the legal rule into a group of fundamental rules that the government is obliged to support and implement. In fact, Constitutionalisation is a process of change and transformation that occurs due to the influence of basic norms in different trends of law and it may ...
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Constitutionalisation means entering the legal rule into a group of fundamental rules that the government is obliged to support and implement. In fact, Constitutionalisation is a process of change and transformation that occurs due to the influence of basic norms in different trends of law and it may be as a result of imbuing the set of legal order with these norms. In Iran, some articles of the Criminal Procedure Law approved in 2013 are in conflict with some of the principles of Constitutional law that are related to the Procedure. Based on this, it seems necessary to analyze the existing conflicts and examine the possibility of the criminal judge for referring to the constitutional law and not implementing the legal articles that are in conflict with the constitutional principles. The Constitutionalisation of criminal Procedure gives judges the possibility to refer to the constitutional law in the face of conflicting laws. In addition, it will be possible to invalidate the proceedings and decisions by the higher judicial authorities based on the contradiction of the ordinary law with the constitutional law. One of the tools to achieve this goal is redefining the principles related to criminal Procedure. Redefinition with using Constitutionalisation tool give the possibility to the criminal judges to reach the mentioned results after knowing those principles that govern the criminal Procedure.
Zeinab Bagherinejad; Rajab goldoust Jouibari
Volume 2, Issue 5 , February 2014, , Pages 73-92
Abstract
bstractOne of the fundamental features of law is having of sanction. If law abidingsee themselves freedom and without punishment in performance or rules oflaw, how one can accomplish aim of law that is regulation of personalrelationships and establishment of discipline in society. so whenever rightsof ...
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bstractOne of the fundamental features of law is having of sanction. If law abidingsee themselves freedom and without punishment in performance or rules oflaw, how one can accomplish aim of law that is regulation of personalrelationships and establishment of discipline in society. so whenever rightsof people be molested, reaction against violator should be provided andensured. Procedural rules and principles as partial of rules of law withtheir special sanctions also have been protected by legislator and judicialprecedent. Some of these sections has personal aspect and includes widerange of administrative – disciplinary or criminal and civil measures. Thiscategory of sanctions unlike guarantees related to procedural process canbe made against officials and authorities involved in criminal proceduralprocess that with their performance cause procedural fundamentalprinciples are violated.
