abbas tadayyon; zeinab bagherinejad
Abstract
Fundamental principles in any legal system that are in heart of legal structures of that system, construct infrastructure and basis of any legal system. For access to definition of legal principles, should be attended to its features, namely generalization, continuity, having social value and flexibility ...
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Fundamental principles in any legal system that are in heart of legal structures of that system, construct infrastructure and basis of any legal system. For access to definition of legal principles, should be attended to its features, namely generalization, continuity, having social value and flexibility of principle. Accordingly, fundamental principles of procedure are broad and permanent principles that originated of fundamental and constitutional law that their existence causes duration and continuity and their absence causes fragmentation of procedure life and its legitimacy. Fundamental principles in preliminary research phase, on the one hand, in framework of principles and rules governing on protection of individual rights and freedom of accused and victim and on the other hand, in framework of principles and rules related to protection of order and security of social people has ability to operation and enforce. Security and guaranty of these fundamental principles through recognition of relationship these principles with procedure measures and determination of suitable enforcement against any lack of attention or violation are Possible.
Hasan Ali Moazen Zadehgan; Abbas Tadayon
Volume 2, Issue 6 , April 2014, , Pages 39-67
Abstract
One of the important and considerable issues in international society isthe respect to rights of woman and man and nondiscrimination on sexuality.States have tried to take the benefit from the guidelines and achievements ofinternational society in the process of internal enactment as far as theconditions ...
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One of the important and considerable issues in international society isthe respect to rights of woman and man and nondiscrimination on sexuality.States have tried to take the benefit from the guidelines and achievements ofinternational society in the process of internal enactment as far as theconditions and circumstances of ruling on internal attitudes allow. Iranianand French legislators have also passed some laws regarding the specialbiological and physical conditions of women in the light of differential policywhich shows leniency toward the female criminals. In general, in Iranianand French criminal procedure, some different laws pro women and forprotection of them have been passed. However, absence of special protectivelaws especially on phase of police investigation and at the presence ofinvestigation authorities is evident in aforementioned law systems. What isobserved from the special cases of gender discrimination in trial system ofIran about the positive evidences and execution of the criminal sentencescan be removed through the wise legislative criminal policy, evolution injurisprudence, taking advantages from existing capacities in opinions ofjurists, enactment of special provisions in homogenization and balancingbetween rights of women and men about the determination of blood moneyof religious minorities and Muslims, modification of compulsive insurancelaw of civil liability of motor vehicles owners about necessity of samepayment of blood money of woman, and revocation of quality ofaforementioned instances.
