hassanali moazenzadegan; hossein gholami; cyrus zarghami
Abstract
Considering the importance and effects of pretrial detention in Iran and the United States, it is important to consider the need for fair trial in this regard. In this article, in order to examine the fairness of the pretrial detention in these two countries, the presumption of innocence and equality ...
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Considering the importance and effects of pretrial detention in Iran and the United States, it is important to consider the need for fair trial in this regard. In this article, in order to examine the fairness of the pretrial detention in these two countries, the presumption of innocence and equality of arms are considered as two essential principles for a fair trial as a basis. The examination of the presumption of innocence shows that the defendant's detention is not consistent with this principle, therefore, in both countries, measures such as limiting the issuance of a proceeding, the right to compensation and the right of appeal are anticipated. The study of the principle of equality of arms in this case shows that the detention of the accused is not consistent with the principle, Especially in Iran, where prosecutors can sometimes order pretrial detention. In American law, the judge who is neutral can issue this order. In both countries, there is a right of access to a lawyer in order to strengthen the defense rights of the accused at the time of his detention.
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.
Abbas Akhtari; hassanali moazenzadegan
Abstract
For many years, all the attention was focus on the rights of the accused in the criminal procedure. It was justified by the defendant being defenseless before the prosecutor's office. In the meantime, the role of the victim in the advancement of the preliminary investigation process was underestimated ...
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For many years, all the attention was focus on the rights of the accused in the criminal procedure. It was justified by the defendant being defenseless before the prosecutor's office. In the meantime, the role of the victim in the advancement of the preliminary investigation process was underestimated and he was passive. With victim-oriented approach, some of the criminal justice systems targeted his role. In the Criminal Procedure Code of Iran, victim's rights have undergone major changes in the Code of Criminal Procedure, approved in 2013, in accordance with human rights standards. At the head of these developments are the right to security and the right to maintain identity. Our studies have shown that the approach of the Criminal Procedure Code of Iran, in comparison with the former laws, has taken into account a participatory and active role for the victim in the context of preparatory research. The prediction of the innovative rights in the law provides for the further participation of the victim in order to declare, disclose, prosecute and investigate the crime; including the explicit and transparent support of victim's security against potential threats and the need to maintain his identity.
Hasanali Moazenzadegan; Elham Soleyman Dehkordi; Mahshid Youshi
Abstract
The reliability of electronic evidence means the authenticity of electronic
data in court and playing a role in the judgments. In order to have the same
demonstrative function as traditional evidence, electronic evidence must
meet two main requirements: authentication, originality and nonrepudiation.
It ...
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The reliability of electronic evidence means the authenticity of electronic
data in court and playing a role in the judgments. In order to have the same
demonstrative function as traditional evidence, electronic evidence must
meet two main requirements: authentication, originality and nonrepudiation.
It is essential to keep data suitably in the seized phase to
achieve these requirements. The secure strategies for protection of the data
have been mentioned in clause (T), article 2 of the Electronic Commercial
Act and also article 40 of Cybercrimes Act, of which the most important is
biometric and encryption. The biometric technology receives and processes
the individuals’ data and allows to achieve the data only to whom his/her
data have been processed; hence, no one else can access the data. Also in
encryption, the data are protected by shuffling in a way that it can switch
such statement with only one confidential key and it remains illegible to a
person who does not access these data. In this way, the data are protected
from alternation and falsification and can be cited in such a secure way.
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.
