Code of Criminal Procedure
Gholam Hassan Kooshki; Rohollah zandi
Abstract
The law "Mitigating Ta'ziri Imprisonment Punishment" was approved in July 2019 with the aim of de-imprisonment by accepting a relative standard to consider theft and fraud crimes as forgivable, leading to challenges and gaps in terms of form and substance. Today, with the identification of the disadvantages ...
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The law "Mitigating Ta'ziri Imprisonment Punishment" was approved in July 2019 with the aim of de-imprisonment by accepting a relative standard to consider theft and fraud crimes as forgivable, leading to challenges and gaps in terms of form and substance. Today, with the identification of the disadvantages of deprivation of liberty and the failure of the prison system in rehabilitating criminals, penal systems, under the influence of criminological teachings and criminological findings such as the increase in recidivism and the crime-causing nature of prisons, are more and more limited in terms of punishment. They have become anti-freedom. On the other hand, the bad effects of this punishment were noticed by criminologists, and today, although many efforts have been made to improve the condition of the prison, the reformation and treatment of criminals, which was considered one of the main goals of this punishment, doubts still prevail. It became serious, and experience showed that, with the help of recidivism statistics, repeated professional crimes are more often committed by those who have had a history of prison. In this way, imprisonment is not only ineffective in rehabilitating and reforming criminals, but also harming the country's economy.
By approving the law on mitigating penal punishment, the legislator implemented the policy of de-imprisonment through the development of erfaq institutions, reducing the amount of imprisonment and increasing the range of forgivable crimes. Although the mentioned law is useful in mitigating the prison sentence, it has caused wide challenges and created gaps in the legal system and judicial procedure. The challenges related to the relative impossibility of fraud and theft crimes due to their amounts are one of the factors that have caused changes in the process of criminal prosecution. In the discussion of the initiation of prosecution and actions of the bailiffs in this field, despite the many differences between the jurists, it seems that the principle is that these crimes are unforgivable and the criminal prosecution by the bailiffs is based on the assumption of committing the above crimes.
In the matter of determining the appropriate order, the judicial authority should determine the monetary penalty for the issuance of the security order, regardless of whether the crimes are forgivable and based on the initial estimate, and after referring to the expert, he can determine the necessary amount. On the other hand, the most important challenge that has caused a strong difference in the judicial procedure is the issue of the number of crimes that can be forgiven and the appropriate criteria for determining the crimes that can be considered forgivable. It should be such that it justifies the application of the aggregate criterion, despite such a criterion, there is still a wide difference of opinion among the judicial authorities, and it is better to determine the task through a unanimous vote on the above issue. Among the other loopholes governing the law on reducing the punishment of imprisonment are related to the calendar of non-calendarable property, obtaining biometric records and interpreting the concept of the absence of a victim in fraud-related crimes, which should be addressed by the legislator. In addition to the above challenges, which mainly covered issues and cases related to formal matters, some challenges also governed substantive issues and cases. The results indicate that the formal challenges in this field are mainly related to the stage of starting criminal prosecution by the officers and the preliminary investigation stage that oversees the issue of paying expert fees and issuing orders to secure and calendar non-calendarable property and obtaining biometric records. Also, the substantive challenges are related to the criterion of considering the crimes as forgivable in the assumption of multiple crimes, determining the monetary punishment in the assumption of multiple and the resistance of the judges to the given law. In this talk, it has been tried to explain each of the above challenges and then solve them with a descriptive-analytical method.
behrouz beygizadeh; hassanali moazenzadegan; Gholam Hassan Kooshki
Abstract
As a result of the criminal offenses and criminal liability of legal persons, the procedure for investigating their crimes is raised, and among its topics, the preliminary investigation and differentiation of this stage of the procedure for investigating criminal offenses of legal persons. Considering ...
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As a result of the criminal offenses and criminal liability of legal persons, the procedure for investigating their crimes is raised, and among its topics, the preliminary investigation and differentiation of this stage of the procedure for investigating criminal offenses of legal persons. Considering the crimes of legal entities and their crimes, in this research, the foundations and distinctive features of the criminal procedure of criminal offenses of legal persons are examined in the preliminary stage of the preliminary investigation. According to the descriptive-analytical method, the differentiation of the prosecution system into the credibility of the personality of the perpetrator, the specific characteristics of the legal person and the impossibility of the implementation of some rules and rules of procedure regarding them, which inevitably requires the legislator to adopt a special code for The prosecution of the crimes of the abovementioned persons has stipulated that, in practice, it is not possible to attract legal persons, and if there is sufficient reason to charge the charges to legal persons, a legal person is warned to introduce his lawyer or lawyer to explain the charge, and in The reason is sufficient reason to charge a person with legal rights.
Zahra Amini; h k
Abstract
From witness remembered as the eyes and ears of the criminal justice system,participation of witness makes it possible to discover the crime and ultimately bring security to the community.Therefore,the adoption of protectionist policies could be considered as a ground for the active participation of ...
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From witness remembered as the eyes and ears of the criminal justice system,participation of witness makes it possible to discover the crime and ultimately bring security to the community.Therefore,the adoption of protectionist policies could be considered as a ground for the active participation of witnesses in the criminal process.Hence,in English law,document has been allocated in order to the appropriate rules of conduct for witnesses with the general rules called the witness charter.in this document,more clearly than the Code of Criminal Procedure1392and the Code of Practice for the Protection of witnesses and Informants1394,In the first step,in order to protect the physical and material integrity of the witnesses,the rules for training,the assignment of special officers and the compensation of all damage inflicted on witnesses is foreseen.On the other hand,in both systems,the rules and standards of conduct has been allocated aimed at protecting the spiritual integrity of the witness and rewarding his position in the criminal process,as well as providing advisory services and timely information and a fair and just treatment with the witness.In addition,in the UK legal system,there is a differential and specific support in the witnessing of violent and organized crimes. Assigning effective enforcements to the Good The flow of support
Gholamhasan Koushki; Nader Alizadeh Seresht
Abstract
One of the most significant jurisdiction of the Revolution Court is to
investigate crimes which are against the public security. However, there are
two categories regarding the concept and the realm of crimes against public
security. First, there is a broad interpretation approach toward such crimes
committed ...
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One of the most significant jurisdiction of the Revolution Court is to
investigate crimes which are against the public security. However, there are
two categories regarding the concept and the realm of crimes against public
security. First, there is a broad interpretation approach toward such crimes
committed inside and outside the country which is mostly based on some
provisions such as clause (T) of article 303 cited in the criminal procedure
law. Secondly, there is a narrow interpretation on the realm of such crime
which is more favorable in jurists’ eyes. I attempt to investigate the “broad
interpretation approach” to find its contradictions to the many principles of
procedure. Beyond such interpretation, there are some temporary
consultations to find the best policy such as swift and decisive investigation
that will drive the fair trial, supposed to guarantee the individuals’ rights,
into a corner in the long term and redouble the importance of minimalistic
interpretation regarding the crimes against public security which are about
to be heard in the Revolution Court.
