Code of Criminal Procedure
Hossein Goldouzian
Abstract
Despite the fact that the interrogation and initial questions and answers of the victim in the primary investigations process play a prominent role in the detection of crimes, but the physical and mental characteristics of the interrogator and the manner of the interrogation process have been disregarded ...
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Despite the fact that the interrogation and initial questions and answers of the victim in the primary investigations process play a prominent role in the detection of crimes, but the physical and mental characteristics of the interrogator and the manner of the interrogation process have been disregarded in Persian criminal law studies. This article aims to answer the question with a descriptive-analytical method, what requirements should be considered in the interrogation process in the primary research stage to detect the victimization of children? To achieve this, according to the available data, the article is divided into three topics.The first topic examines the selection of the interrogator and his training. If the first step, which is to have an expert interrogator with special physiological and mental characteristics, is not taken correctly, it will definitely not be time for the other steps. In relation to the physical characteristics of the interrogator, various studies indicate that people have a tendency to disclose crimes for women in sensitive matters such as sexual crimes, and this tendency is more prominent in the case of children due to their sensitive nature. Out of all the requirements regarding the interrogation of children, the Iranian legislator has explicitly and correctly set criteria for the gender of the interrogator. Article 42 of the Criminal Procedure Law stipulates: "If possible, the interrogation and investigation of women and minors should be carried out by trained female officers and in accordance with religious standards." In addition to physical characteristics, the main thing that plays an important role in doing an accurate and reliable question and answer is the mental characteristics and capabilities that he acquires. The increase in skill and expertise leads to the reduction of bias and incorrect mental backgrounds, and as a result, more correct and reliable information is obtained. In many countries, such as the United States, Canada, and England, training courses are held to improve the expertise and skills of interrogators, and the interrogation process is subject to pre-determined and taught protocols. The most widely used and important of these protocols, which have many similarities with each other, are: 1 Step-Wise Interview Guidelines; 2. cognitive interview; 3. Ten-step Investigative Interview; 4. National Institute of Child Health and Human Development research interview protocol.The second topic deals with the issue that after the selection and training of the interrogator, he should be able to get to know the child's condition and gain his trust in the beginning. The age of the victim, his physical, mental and spiritual abilities and problems, evolutionary or developmental considerations, ethnicity, language, culture, religion and the economic status of the family where he grows up and the places he went and comes are examples of information that should be obtained before the main question and answer session. This information can be obtained from the child's relatives, the school and kindergarten he goes to, and his doctors and teachers. After the initial acquaintance with the child, the interrogator should gain his trust by using them and by applying communication methods. Verbal and non-verbal communication, respecting the child's personal space by maintaining a proper distance and asking if the child feels comfortable with the distance between the interrogator and himself, calling him by name, Choosing words and arranging them next to each other in such a way that the child believes that the interrogator understands his painful situation and sympathizes with him has a great effect on creating empathy and intimacy between the two parties.In the last topic and after communicating with the child, It is time for the interrogator to give basic training to the child and ask the main questions and answers related to the crime. Explaining the child's role in the interrogation, teaching how to answer the questions, explaining the concepts of truth and lies to the child and gaining a detailed understanding of him in answering the questions are the effects of basic training. In the main questions and answers and according to the protocols, the beginning of the main question and answer process should be with "open questions". After the interrogator has heard the child's free interpretation and everything that was in his mind since the day of the incident, he should add to its quantitative and qualitative richness through specialized questions. The questions should not be suggestive or in such a way that their answer is yes or no.These explanations and information in various sources about this subject show that the primary investigations process, especially the interrogation session, question and answer session, interview or any other title that is placed on it, is one of the most important parts of criminal justice system, which is ultimately a huge part of the justifications for sentencing, but so far no special law or regulation has been written for its technical part. In other words, issues such as the existence of an expert and trained interrogator who has a special card should be included among the rights of the parties to a criminal case. It is clear that having legal information or work experience of the judge and officer who is responsible for the interrogation is not a guarantee for holding a useful and quality question and answer session.
Criminal law and criminology
Siamak Jafarzadeh; Reza Nikkhah sarnaghi; Hamid Alizadeh
Abstract
The approach to incarceration is as old as history itself. However, as societies have developed, fundamental ambiguities have emerged in this approach. Consequently, following the knowledge of criminology, custodial sentences have been seen as inadequate in reducing crimes, preventing recidivism, and ...
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The approach to incarceration is as old as history itself. However, as societies have developed, fundamental ambiguities have emerged in this approach. Consequently, following the knowledge of criminology, custodial sentences have been seen as inadequate in reducing crimes, preventing recidivism, and addressing the growing number of individuals in the criminal population. These factors have given rise to the de-incarceration movement, which has gained strength in response to the disadvantages of imprisonment; mainly its effects after individuals are released from prison. Thus, the use of alternatives to imprisonment has been embraced in the Islamic Criminal Law approved in 2013, where its scope, types, and formal rules were outlined in the Criminal Procedure Law of the same year. Subsequently, sub-legislative measures were formulated and communicated to the judicial authorities to implement this punishment.Nevertheless, the success of the de-incarceration movement in reducing the number of incarcerated individuals and addressing issues such as the severity of punishment has been a significant obstacle to the release of prisoners. In response to this problem, the de-incarceration movement approved the law on reducing prison sentences in 2020. Since enacting such substantive laws can have a crucial impact on issues raised in criminal proceedings, the effect of their approval in the judicial process cannot be ignored.This article has been written descriptively to study the significant changes this law has brought to the preliminary investigation process. The effectiveness of this law in achieving criminal security orders for the accused, in line with the principle of proportionality and the principle of criminal law as the last and least resort, remains ambiguous. In this regard, the question arises as to whether the principle of criminal law as the last and least resort should be incorporated in obtaining the order of criminal security or not. Furthermore, considering the development of forgivable crimes, which indicates a move towards the privatization of criminal justice, the issue arises as follows: According to Article 106 of the Islamic Penal Code, in the case of forgivable crimes, the victim has the right to file a complaint within one year from the date of crime notification. Therefore, after one year, the victim's right will expire. Given the wide range of crimes categorized as forgivable crimes in the law on reducing the punishment of imprisonment, in a situation where the victim has not yet filed a complaint due to the crime being non-forgivable, the question arises as to whether the judge should issue a suspension of prosecution according to Article 11 of the Islamic Criminal Law or consider the plaintiff's acquired rights and allow the continuation of the prosecution process.Determining the jurisdiction of judicial authorities or institutes is another challenge this law presents. For instance, in cases of criminal damage, the property's value plays a role in determining the authorities' jurisdiction. This means that when the property damage is up to ten million Rials, according to Article 9 of the Conflict Resolution Counsel Act, it falls within the jurisdiction of the Council. If the damage exceeds ten million Rials but is less than twenty million Rials, it directly falls under the jurisdiction of the Criminal Court. If the damage is less than 100 million Rials, the prosecutor's office has the authority over the preliminary investigation. Therefore, the absence of an authority to accurately determine the extent of the damage causes delays in proceedings and creates uncertainty for the judicial authorities. To prevent divergent judicial opinions and adhere to the principle of the generality of criminal procedure, as specified in Article 2 of the Criminal Procedure Law, it seems necessary to issue unanimous opinions regarding the challenges above. This will end these judicial disputes and establish a unified procedure within the judicial authorities. Consequently, when approving substantive regulations, their effectiveness should be evaluated compared to formal regulations to prevent the division of judicial opinions.
Ali Dehghani; Mohammad Ashouri; Mansour Rahmdel
Abstract
One of the requirements and guarantees of the principle of neutrality is to conduct preliminary investigations by an independent judge and to distinguish the prosecutor from the investigating authority.In this regard,the investigator entered the structure of the department of justice and the prosecutor's ...
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One of the requirements and guarantees of the principle of neutrality is to conduct preliminary investigations by an independent judge and to distinguish the prosecutor from the investigating authority.In this regard,the investigator entered the structure of the department of justice and the prosecutor's powers were prosecuted as a party to the limited criminal proceedings.Although the principle of impartiality and the necessity of observance of it in Article 3 of the Criminal Procedure Code of our country have been emphasized,but its requirements and aspects Particularly in the preliminary stage of the preliminary investigation, officials have been neglected.In the same way, prosecutors still have the power to investigate and arrest the defendants in a large number of crimes and the investigator does not have complete independence in conducting investigations.Moreover,despite the adoption of the judiciary system,in some crimes and in the courts of the section,the system of public courts (all stages of proceedings by the judge of the unit( are applied,which is contrary to the principle of neutrality.In this article, the principle of neutrality and its components in the preliminary investigation and the degree of adherence of the legislator of our country to the requirements of this principle have been analyzed.
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.
hasan pourbaferani; ebrahim sharifi
Abstract
In contrast to private international law, a country's criminal authorities including court and the Public institution prosecution only apply their own country's criminal laws in the realm of international criminal law. However, it would not mean that all international criminal laws and sentences are ...
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In contrast to private international law, a country's criminal authorities including court and the Public institution prosecution only apply their own country's criminal laws in the realm of international criminal law. However, it would not mean that all international criminal laws and sentences are discredited. Sometimes, domestic criminal laws require the courts to consider international criminal laws and sentences as well. For example, in an accuser’s trial in one country, they may avoid retrial or Flowing the crime committed by their nationals in overseas if the committed act is a crime in that country as well. This is very important during the preliminary investigation Process. In this Process, foreign criminal law or sentence is valid from two aspects: one is before making the final decision, and the other one is the Process of making the final decision in the form of final appointments of the court. At every Process, there are some effects on each of the mentioned measures, about which there are different opinions.
Abstract
اختیارات دادستان در فرایند عدالت جنایی بر حقوق و آزادیهای متهم و میزان سلامت فرایند مذکور موثر است. اگر اختیارات دادستان بیش از میزان لازم برای تضمین حقوق عمومی باشد، ...
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اختیارات دادستان در فرایند عدالت جنایی بر حقوق و آزادیهای متهم و میزان سلامت فرایند مذکور موثر است. اگر اختیارات دادستان بیش از میزان لازم برای تضمین حقوق عمومی باشد، حقوق دفاعی و آزادیهای متهم و حقوق مادی و معنوی بزهدیده مخدوش میشود. مقاله حاضر به دنبال پاسخ به این سوالات است که دادستان در فرایند عدالت جنایی چه جایگاهی دارد و چه اختیاراتی برای دادستان مناسب است؟ آیا اختیارات دادستان در نظام رسیدگی کیفری ایران، با جایگاه وی تناسب دارد؟ یافتههای تحقیق حاکی از این مطلب است که دادستان طرف دعوای عمومی است و اختیارات وی باید محدود به تعقیب جنایی و اقامه دعوای عمومی در مراجع قضایی باشد. در فرایند عدالت جنایی مرسوم در ایران جایگاه دوگانه برای دادستان پیشبینی شده است. به گونهای که از طرفی جایگاه طرف دعوای عمومی و از طرف دیگر جایگاه بیطرف مقام قضایی، قاضی تحقیق یا نظارت کننده تحقیقات مقدماتی و ارائه دهنده تعلیمات لازم به بازپرس و ضابطان قضایی پیشبینی شده است. در نظام عدالت جنایی موجود جایگاه قضایی با جایگاه مدعی عمومی سازگار نیست و نمیتوان پذیرفت که مدعی عمومی در عین حال تحقیقات مقدمات را انجام دهد یا بر مقامات تحقیق نظارت کند.
Muhamad Mehdi Saghian
Volume 2, Issue 6 , April 2014, , Pages 113-136
Abstract
AbstractCriminal Procedure Law (2014) has moved away from the inquisitionalprocedure system under the influence of global pattern of fair trial andtaking the benefit of comparative studies by adopting the modernapproaches. In the meantime, provisions revolving around the defensiverights have outstandingly ...
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AbstractCriminal Procedure Law (2014) has moved away from the inquisitionalprocedure system under the influence of global pattern of fair trial andtaking the benefit of comparative studies by adopting the modernapproaches. In the meantime, provisions revolving around the defensiverights have outstandingly developed; the legislator has also taken his/herrights into his consideration from the first step of the criminal process (stageof the exposure of crime). Right to meet the lawyer and physician andpossibility of making call are considered as rights of accused in the stage ofguardian of peace intervention. Furthermore, right of accused in thepreliminary stage investigations in specific sense (i.e. at the presence ofinterrogator) has entirely developed. Giving the same opportunities to theparties has been one of the most important goals in the legislator’s point ofview in this code. Generally, these innovations can be regarded in twopivots: reinforcement of defensive rights (balance between public interestand interest of accused) and decrease of cases which damage the freedom.
Alireza Jamshidi; Alireza Noorian
Volume 1, Issue 3 , July 2013, , Pages 143-161
Abstract
The appropriateness of criminal prosecution means that the prosecutor isable to stop the process of prosecution. Namely, the prosecutor does nothave the authority to initiate a prosecution if he believes that investigationwould not serve the interests of justice. In England’s Legal System, theabove- ...
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The appropriateness of criminal prosecution means that the prosecutor isable to stop the process of prosecution. Namely, the prosecutor does nothave the authority to initiate a prosecution if he believes that investigationwould not serve the interests of justice. In England’s Legal System, theabove- mentioned principle has been considered as one of the mainprinciples applying on the process of prosecution. This principle has notbeen mentioned expressly in Iran's Criminal Procedure Code, but some ofthe provisions of this Code— for example, the fact that the prosecutor canstop the process of prosecution— have confirmed this issue. The draft ofIran ‘s Criminal Procedure Code, which nowadays is passing its final stagesof being approved in the Islamic Consultative Assembly, attempted to basesome provisions of this Code on this principle, although it has someproblems
