Ahmad Haji dehabadi; Ebrahim Ahmadi; Jalaledin Samsami
Abstract
Torture is one of the most serious crimes against human rights. From the perspective of Islamic law as well as human rights rules, the reason of its prohibition is insolence to human dignity and integrity. In article 38 of constitution, torture has been forbidden by legal system of Islamic Republic of ...
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Torture is one of the most serious crimes against human rights. From the perspective of Islamic law as well as human rights rules, the reason of its prohibition is insolence to human dignity and integrity. In article 38 of constitution, torture has been forbidden by legal system of Islamic Republic of Iran. The basis of this Article is Islamic law and its international conventions. All religious arguments have absolutely prohibited human's persecution and ill-treatment. Global community also seeks to eradicate this ominous phenomenon. Iranian criminal system has predicted torture as a crime in support of principles of Islamic Republic of Iran's Constitution. Article 578 of Islamic Penal Code has described torture as a crime. This article has weaknesses and shortcomings. Therefore, it cannot support efficiently Article 38 of constitution. Amendment of this article according to the Article 38 of constitution of Islamic Republic of Iran can be an important step towards preventing this crime
Anvar Ahmadi
Abstract
Today Conflict Resolution Counsel (CRC) which was aimed to achieve conciliation between people, pursuing conciliation and dispute settlement among private and public nongovernmental identities under supervision of Judiciary and this matter caused to become a first degree of jurisdiction by its relative ...
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Today Conflict Resolution Counsel (CRC) which was aimed to achieve conciliation between people, pursuing conciliation and dispute settlement among private and public nongovernmental identities under supervision of Judiciary and this matter caused to become a first degree of jurisdiction by its relative competence. This situation that required to resolving the vagueness of its dispute settlement procedure has not concerned in 2008 act about CRC and caused some difficulties on the possibility or non-possibility of attack on its or public tribunal judgments which later is rendered after appeal such as revision and tired persons apposition. This is the subject of this paper. This situation has been analyzed on its recent draft.
Mohammad Mehdi Alsharif
Abstract
According to the fact that rents included in 1977 law of tenant- landlord and possibility of a tenant occupation even after the end of the lease, this probability that business unit might get damaged or destructed over time is not a rare phenomenon. Hence, in this regard, legislator has not solved ...
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According to the fact that rents included in 1977 law of tenant- landlord and possibility of a tenant occupation even after the end of the lease, this probability that business unit might get damaged or destructed over time is not a rare phenomenon. Hence, in this regard, legislator has not solved the problem related to the good will. Judicial procedure is also different from this perspective. It seems that giving an answer to this question is due to determining the rental relationship status after the destruction of the substance because. If we consider the business right as a real right causing the tenant to remain in the leasehold, this right is subject to the object and rental relationship. Of course on premise the destruction in which the tenant or a third party is the agent of loss; however the good will fades away by destruction of the object, the landlord or third person is responsible for compensation from wasting the right of another and civil responsibility point of view. Anyway, assuming the rental relationship to remain and obligation of landlord or third person to reconstruct the object in order to keep the rights of tenant is no longer possible.
Mansour Amini; amir nikoubayan
Abstract
As legal systems are based upon rulers, legal policy in a particular subject, in proportion to the nature of the subject and the general objectives that the legislator have had in mind, is based on principles which are the basis of that policy, too, which recognition of them from theoretical point of ...
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As legal systems are based upon rulers, legal policy in a particular subject, in proportion to the nature of the subject and the general objectives that the legislator have had in mind, is based on principles which are the basis of that policy, too, which recognition of them from theoretical point of view will be a guide to accurate interpretation of law, and in action, a substitute for legislator’s silence, and will eliminate doubt. This paper recognizes principles relevant to civil judgment enforcement through explanation of its nature and purpose, and while clarifying the concepts of these principles, based on the cognition of nature and the objective of legal policy in that subject, presents explanations in relation to their relevant general principle and intends to be an introduction to recognition of concept of principles in this particular legal policy.
MohammadAli Ardebili; Neda Mirfallah Nasiri
Abstract
In order to militate against the impunity of perpetrators of grave and significant crimes having international character and also to prevent commission of international crimes, “the duty to extradite or prosecute” is provided for in various conventions and treaties. The duty is loaded with ...
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In order to militate against the impunity of perpetrators of grave and significant crimes having international character and also to prevent commission of international crimes, “the duty to extradite or prosecute” is provided for in various conventions and treaties. The duty is loaded with the meaning that the state in which the person accused of international crime has been arrested, must choose between the options of prosecution or extradition. This rule during the time since the seventeenth century when it was set out by Grotius in “The Law of War and Peace” book, have witnessed various developments. Being set on ILC’s agenda, this subject of international Criminal law has been attached with more significance. Despite frequent use of this maxim in various international conventions, there is no doubt about the treaty nature of this commitment, but its customary character is highly controversial amongst scholars. This essay is to scrutinize and analyze the mentioned different aspects of the obligation to “Extradite or Prosecute” (aut dedere aut judicare) in several international conventions and also, the possibility of having such a rule in legal system of Iran.
Ahmad Haji Dehabadi; Morteza Jalilzade
Abstract
In 18th and 19th centuries, American private prisons appointed condemned to hard works and used much benefit of prisoners but this cheap labors had very few facilities. Since the late 1970s, a new form of private prisons arrived to arena of prison. Although the prisons didn’t have problems of privateprison ...
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In 18th and 19th centuries, American private prisons appointed condemned to hard works and used much benefit of prisoners but this cheap labors had very few facilities. Since the late 1970s, a new form of private prisons arrived to arena of prison. Although the prisons didn’t have problems of privateprison but created new disadvantages. The disadvantages of human rights were very high and even more tragic as the traditional private prisons. In Iranian law, privatization of prisonwas followed by Adel A'bad and Vakil A'bad prisons. But problems aroused it closed the way for the privatization of prisons.
Mohammad Emami; Mahasti Soleimani
Abstract
Since the establishment of the administrative court of justice, there has been a dispute over actionable claims in this new court. The ambiguity of law in this context has led to conflicts in legal doctrine in introducing diagnosis criteria of actionable claims in that court. These two elements ...
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Since the establishment of the administrative court of justice, there has been a dispute over actionable claims in this new court. The ambiguity of law in this context has led to conflicts in legal doctrine in introducing diagnosis criteria of actionable claims in that court. These two elements -ambiguity of law and conflicting legal doctrine– has affected the decisions made by the court's judges. The present study tries to examine and evaluate the diagnosis criteria of actionable claims in the court from the perspective of law, doctrine and judicial proceeding, using a descriptive–analytical method and with a fundamental consideration of the limits and the type of jurisdiction of the administrative court of justice. It attempts, therefore, to yield a right approach to the court's jurisdiction and the related diagnosis criteria of actionable claims.
Mohsen Rahami; Sirus Parvizi
Abstract
In countries like Iran, religion and religious jurisprudence constitute a main source for legislation as well as there are laws and regulations meant to provide legal protection for religious beliefs and sanctities. The same situation can be traced during the era of Church authority in some other countries ...
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In countries like Iran, religion and religious jurisprudence constitute a main source for legislation as well as there are laws and regulations meant to provide legal protection for religious beliefs and sanctities. The same situation can be traced during the era of Church authority in some other countries including the UK. However many countries such support do not provide such criminalization arguing such legislation being inconsistent with freedom of expression and human rights by contrast, according to the Iranian Islamic Penal Code , the criminalization of blasphemy including any insulation to the Prophet (and also Holy Imams) and other religious sanctities of Islam is also expanded to other holy Prophets while the English legal system there are some sporadic criminal protect merely for the Christian sanctities. But it is ambiguous what is meant by the term “religious sanctities” and whether any kind of profanity is subject to such criminal sanctions, and also what is the sentence for such crimes. These questions are the points which are getting analyzed in the present paper – focusing on the both Iranian and English regulations and judicial procedures through survey in religious sources and Islamic opinions.
Seyyed Jafar Kazempour
Abstract
The developments of trade, economic liberalism, and, as a consequence, the appearance of economic powers, have introduced an intense difference between rich and poor classes. The opportunity of economic power bears the ability of exploiting poor classes. The need to food, treatment, and other essential ...
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The developments of trade, economic liberalism, and, as a consequence, the appearance of economic powers, have introduced an intense difference between rich and poor classes. The opportunity of economic power bears the ability of exploiting poor classes. The need to food, treatment, and other essential needs like education and employment, forces weaker classes into contracts which in spite of being seemingly accompanied by free will, may look quite unequal and oppressive in the light of constraint.Imposing unequal economic contractual terms causes the fans of justice to react against unfairness. Although the constrained protection necessitates recognizing the contract he has entered into, if there is a suspicion of unfairness in a contract, the constrained protection can express itself in a different manner.The subjects of this article are the approaches of the constrained protection, equalizing the contract, and omitting unfair and oppressive terms. These are not indefensible in the thoughts of Muslim jurisprudents and the Iranian legislation system.
Yousef Darvishi Hoveyda
Abstract
After rehabilitation of prosecutor’s offices in the Iranian judicial system in 2002, the proceeding and sentence issuance stage was assigned to the criminal tribunals, and other criminal proceeding stages including crime detection, accused’ prosecution and investigation and in general the ...
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After rehabilitation of prosecutor’s offices in the Iranian judicial system in 2002, the proceeding and sentence issuance stage was assigned to the criminal tribunals, and other criminal proceeding stages including crime detection, accused’ prosecution and investigation and in general the primary investigations and ultimately enforcing the criminal judge and punishment of offender was assigned to the prosecutor’s office. Contrary to the interrogator that principally is independent from public prosecutor, the assistant prosecutor as one of judicial authorities of prosecutor’s office is not independent from public prosecutor and as the representative of the public prosecutor is authorized to apply the preliminary investigations in the criminal cases, moreover to fulfill other duties of public prosecutor. Although the assistant prosecutor is not independent from public prosecutor and is entitled to disagree with the opinion of public prosecutor but yet all decisions made by the assistant prosecutor is not subject to the agreement and comment of public prosecutor. The dependence of assistant prosecutor and necessity of his obedience from public prosecutor is not arising out of and limited to the type and nature of the duty assigned to the assistant prosecutor, and the assistant prosecutor regardless of duty assigned by the public prosecutor shall obey the public prosecutor. In this paper, in addition to identifying the position of assistant prosecutor in the prosecutor’s office, the scope of his independence from public prosecutor and its principles and the validity of decisions made by this judicial authority is considered.
Zeinab Esmati; Hassan Badini
Abstract
Public board votes binding on the Tribunal of Administrative Justice it is the source of law This study aimed to review the number of votes of the board in light of the principles governing the social security law, outlines the general principles governing social security as a fundamental ...
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Public board votes binding on the Tribunal of Administrative Justice it is the source of law This study aimed to review the number of votes of the board in light of the principles governing the social security law, outlines the general principles governing social security as a fundamental principle such as, Principle of Support, comprisal Principle, Sufficiency Principle, Equality Principle, comprehensiveness Principle. the results of this study indicate that in some cases the issue Some votes in favor of social security law and the lack of knowledge of some judges to social security law principles and adduce to regulations the basic principles of social security are ignored, the issue has led to incorrect votes While there in silence, ambiguous, briefly and sometimes conflicting laws and regulations, including the Social Security Act, deduction, interpretation and enforcement of legal rules has made it difficult, therefore, to review the Social Security Act to fulfill its basic principles، And to publish critical opinions, especially opinions issued by, administrative justice tribunal on the basis of the social security law is necessary; Imperative that the correct procedure in courts and offices of the Administrative Justice Court, the social security organization in support statutes and regulations of the complaint in this Court help.
Mohammad Javad Fathi; Hamed Rahdarpour; Farhad Changaei
Abstract
In respect of make a distinction between incomplete crime (Attempt, Failed crime and Impossible crime) as well as distinguish of other similar institutions, have not presented a clear and detailed criteria because, if does not provide specific and clear criterion, would be effective in determining the ...
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In respect of make a distinction between incomplete crime (Attempt, Failed crime and Impossible crime) as well as distinguish of other similar institutions, have not presented a clear and detailed criteria because, if does not provide specific and clear criterion, would be effective in determining the type and level of response against defendant. Accordingly, the most comprehensive measure that can be offered in this regard, the possibility or impossibility of the crime in time to start running, which follows, the first is, when the arrival time of operation (to perform) the crime, it is impossible to be committed if to be for the reason of the inherent inadequacy of action, it is not any instances of incomplete crime and consequently the amount of action, was not entitled criminal reaction because has not been achieved start perform as a condition for incomplete crime in this situation, and if to be cause the impossibility of crime the lack if subject matter, the existence of hindrance or lack of the relative adequacy of act, has occurred impossible crime. While the second is, when the time begging to run, commit of the crime be possible, if despite of possibility, in fact was not any and it be for existence and creation of hindrance it is a Attempt, and if the fault or defect of accused caused it, failed crime has occurred.
Seyed Yaser Ziaee
Abstract
Jurisdiction is one of the inherent features of sovereignty. Extension of sovereign interests over the territorial borders has rendered to emergence of some criteria for extraterritorial application of jurisdiction. Extraterritorial jurisdictions can be recognized in three aspects: Legislative (prescriptive), ...
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Jurisdiction is one of the inherent features of sovereignty. Extension of sovereign interests over the territorial borders has rendered to emergence of some criteria for extraterritorial application of jurisdiction. Extraterritorial jurisdictions can be recognized in three aspects: Legislative (prescriptive), judicial) adjudicative) and executive. Legitimacy of these jurisdictions depends on historical, philosophical and conceptual view to jurisdiction in public international law. We can gather pro and anti views to the legitimacy of extraterritorial jurisdiction in academic legal texts. However advocates of extraterritorial jurisdiction don’t deny the undesired consequences of this jurisdiction. So it is important that we find a proper solution for problems of extraterritorial jurisdiction. It is suggested that ‘Extraterritorial international jurisdiction’ and ‘modified universal jurisdiction’ can play a role instead of extraterritorial legislative jurisdiction and ‘transnational law’ and ‘mutual legal guarantee’ can play a role instead of extraterritorial judicial jurisdiction.
Abdolahossein Shiravi; Mohammad Babapour
Abstract
Vertical agreements include those contracts which are entered into between the holders of the valuable commercial right like name, trademark and/or special process of production or distribution and another party in vertical line in order to cooperate in various commercial levels, and by virtue of which ...
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Vertical agreements include those contracts which are entered into between the holders of the valuable commercial right like name, trademark and/or special process of production or distribution and another party in vertical line in order to cooperate in various commercial levels, and by virtue of which the first party shall grant the licence of marketing, sale or other his economic activities to another party. These contracts have involved the most rate of agreements in commercial and economic exchanges and expansion of knowledge and technology, and all are established in a unified principles which one of them is the Goodwill Principle. This was admitted in international law in general and in international commercial law in particular. And, a vast rate of duties and tasks like trusteeship, good performance, accurate information, financial soundness, etc. were inflicted to the both parties of a vertical agreement. It is herein dealt with the effect of the goodwill on these agreements and outcomes resulting therefrom.
Morteza Shahbazi Nia; Mohammad Isaei Tafreshi; Kourosh Kaviani; Esmaeil Faraji
Abstract
Sometimes people establish Commercial companies to pursue their fraudulent purposes under the veil of legal personality of the company. The law of Iran has not predicted a solution for this legal dilemma. In other legal systems such as English legal system, the courts confront these kinds of fraudulent ...
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Sometimes people establish Commercial companies to pursue their fraudulent purposes under the veil of legal personality of the company. The law of Iran has not predicted a solution for this legal dilemma. In other legal systems such as English legal system, the courts confront these kinds of fraudulent acts under the famous doctrine of “Piercing the Corporate Veil” by authorizing the creditor of the company which assets are not sufficient to compensate the credit, to withdraw the limited liability rule and recover its respective claims from the assets and property of the fraudulent partner)s). In this research, we try to investigate and recognize this concept in the Law of Iran. The result of this research shows that within the English legal system, fraudulous use of the commercial company form will undoubtedly entail to the withdrawal of the corporate veil and unlimited liability of the fraudulent partner(s); however, some matters such as the legal sanctions, and also the concept of unfair actions, are still under dispute. As a result of this research it is also indicated that in our domestic legal system relying upon the doctrine of “fraud” it is possible to impede the validity of fraudulent acts of partner(s) and exceptionally rule on the unlimited liability of these people towards the company creditors.
Alireza Yazdanian
Abstract
In connection with foundation of civil liability in the Iranian and French law, the theory of fault as the rule and theory of risk as the exception has been pointed. Nowadays, the civil liability is not subjected to a uniform rule and the basis of the civil liability in the various domains, specially ...
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In connection with foundation of civil liability in the Iranian and French law, the theory of fault as the rule and theory of risk as the exception has been pointed. Nowadays, the civil liability is not subjected to a uniform rule and the basis of the civil liability in the various domains, specially in transportation, has been changed. The said domain is one of the most important areas for the commencement of the developments in the fundamentals of the liability, so that some jurists say that there is a “Special Regime of Civil Liability” in transport law. In other hand, there is dispute whether the liability of the carrier is a contractual liability or a natural liability. In terms of taking one of these decisions, the foundation of liability is differed. In this article, the comparative method of this subject has been studied.
Leila Sadat Assadi; Roghayye Sadat Mo'men
Abstract
Accordingtothetwelfthterminformalmarriagedeeds, incaseofhusband’sremarriage, thewifecandivorceherselfonhusband’sbehalf. Legalprocedureusedtoconsidercourt’svotetohusband’srightofremarriageineffectiveinrealizationofthisterm; evenifthecauseofthevotewaswife’sdisobedience. TheprecedenceverdictissuedbytheFullBranchoftheSupremeCourt, ...
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Accordingtothetwelfthterminformalmarriagedeeds, incaseofhusband’sremarriage, thewifecandivorceherselfonhusband’sbehalf. Legalprocedureusedtoconsidercourt’svotetohusband’srightofremarriageineffectiveinrealizationofthisterm; evenifthecauseofthevotewaswife’sdisobedience. TheprecedenceverdictissuedbytheFullBranchoftheSupremeCourt, opposedtothecurrentlegalprocedure, hasconsideredwife’sdisobedienceahindranceinrealizationofthisterm. Thisvoteisbaseduponrightabuseprohibitionrule, compellingthewifetoobey, enormityofrewardingdisobedientwife, andadmissionofthisnotioninadjudicationsofreligiousjurisprudents. Whileeachoftheabovecanbeanswered, themostimportantweaknessofthisverdictisthatthepositionoftheprecedentverdictisinterpretationoflaw, anentityderivedfromlegislator’swill; thustheverdictisgenerallydominant. Whereastheimpliedtermisderivedfromparties’ will. Also, accordingto 167thprincipleoftheconstitution, areferencetoreligiousresourcesandreliableadjudicationsisdependentuponambiguity, imperfection, conciseness, orcontradictionoflegaltexts; whilethecurrentissuehasjustcontractualaspects.
Abdollah khodabakhshi
Abstract
A lot of claims in courts are directly or indirectly related to property transactions. In spite of the importance of these transactions and the legislator’s efforts to clarify the law, the procedure shows contradiction of decisions and uncertainty about the destiny of such transactions. In Iranian ...
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A lot of claims in courts are directly or indirectly related to property transactions. In spite of the importance of these transactions and the legislator’s efforts to clarify the law, the procedure shows contradiction of decisions and uncertainty about the destiny of such transactions. In Iranian legal procedure, the relative predictability of legal claims, a characteristic of organized legal systems, does not exist that much in claims regarding informal transactions of properties; the gap between legal and judicial approaches is also wide. A court thinks of voiding and another of enforcing it just as an ordinary contract. In such conditions, it is difficult to observe the rights of the claim parties and also the third party. We believe that the concept of “A ordinary contract not being demonstrative” can be a balanced guarantee for relationships among people. That means a contract being effective between the claim parties and not demonstrative with respect to third parties; unless the third party is aware of the contract. The current essay investigates this entity and its reflection in legal procedure.
Mansour Rahmdel
Abstract
The judiciary has the task of supervision on the performance of the laws in judicial sphere. This task is done mainly through the supervision of the superior courts to the verdicts issued by the courts. Mistake in law, sometimes requires administrative or criminal sanctions, without making the issued ...
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The judiciary has the task of supervision on the performance of the laws in judicial sphere. This task is done mainly through the supervision of the superior courts to the verdicts issued by the courts. Mistake in law, sometimes requires administrative or criminal sanctions, without making the issued verdict invalid; and in some cases it can lead, in addition to the mentioned sanctions, to invalidation of the verdict. To indicate the cause of the invalidation of the verdict, the legislator has used the phrase “mistake”, but it seems that the deliberate acts which make the verdict invalid , all have the same effect. So, it seems preferable to use the phrase “infringe” instead of the phrase “mistake”. The present paper considers the infringes which lead to invalidation of criminal verdicts.
Abbas Tadayon
Ahmadreza Tohidi; Mahnaz Rashidi
Abstract
Independence and impartiality of the proceedings generally used as a principle and largely overlap together. However, this two terms don’t have the same meaning.Independence in international proceedings means lack of subordination to and freedom of influence of courts and proceedings from external ...
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Independence and impartiality of the proceedings generally used as a principle and largely overlap together. However, this two terms don’t have the same meaning.Independence in international proceedings means lack of subordination to and freedom of influence of courts and proceedings from external pressures and factors, including States, international organizations, powerful persons and etc. This concept in internal system emerges from seperation of powers Montesquieu´s theory and implies that the executive can´t influence on judiciary. But, impartiality measns lack of bias and lack of prejudice in favour of one party of the proceedings and, independence is one of the factors that supply impartiality. This principle in the international criminal courts has always been known as one of the most important principles of justice and theses courts tried, whether in their statutes and their jurisprudence, in order to legitimacy of proceedings and structures, as much as possible ensure implementation of these principles. Studying Procedures of international criminal courts including international tribunal for Rowanda, international criminal tribunal for the former Yugoslavia, special court for Sierra leone and international criminal court gives a good criterion for identifying violations of the independence and impartiality that is the detection of violations in view of “reasonable observer, properly informed” and the gross effect on the accused´s right to a fair trial. Also in proceedings, in general, independence and impartiality are principle and those who claim contrary to it, should provide strong reasons to prove it.
Mohsen Borhani; Mehrnoosh Abouzari
Abstract
In recent years, the discussion of the access of all countries to essential drugs has been raised as a moral challenge, most of which the granting of intellectual property rights to the of this industry and the lack of access of developing countries to these products. Though this industries have tried ...
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In recent years, the discussion of the access of all countries to essential drugs has been raised as a moral challenge, most of which the granting of intellectual property rights to the of this industry and the lack of access of developing countries to these products. Though this industries have tried to justify themselves with economic and legal arguments, but the result is creating a link between the industries and low-income countries. Thus, the discussion is whether substantially the intellectual property of essential drugs is applicable and whether should not this property be defined in the light of the concept of treatment and human need for treatment? What is the justification for this discussion? Is the right to health and access to medicines is based on ethical principles, or does legal bases support this? The other is the right to have access to everyone will they take medications, or will they just allocate the necessary medications in this domain to drug inventions? It seems legal principles and there is an ethical need for protecting people's health in accessing the necessary drugs to allocate the right to drug innovations. This paper, in two parts of the legal and ethical justification of the debate, seeks to address the conflict between the right to health and the right to intellectual property on inventions providing arguments in two aspects and explaining the ethical justification of this preference by preferring the ethical responsibility of the right to health.
Ali Bahadori; Esmaeil Ajorlo
Abstract
The structure of the judicial system in contemporary Islamic countries is based on the modern models of the world. But, to fulfill the requirements of the Islamic laws, it has been affected by Islamic sharia. The basic issue is that do these legal systems have native models in combining these two approaches ...
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The structure of the judicial system in contemporary Islamic countries is based on the modern models of the world. But, to fulfill the requirements of the Islamic laws, it has been affected by Islamic sharia. The basic issue is that do these legal systems have native models in combining these two approaches or not. What are these models and their pros and cons. This paper is about to analyze these models and their religious or non-religious characteristics. Overall, there are two models of proceedings system based on sharia. First, creating special courts of sharia, and second, trial in general courts, but according to the Islamic laws. The type of political system and its approach in relation to the religion is an important factor in applying these two models. Finally, both models are considered in relation to the realization of sharia laws, which is the ultimate purpose of these models.
mahmood ashrafy; abas zeraat
Abstract
The contradictoriness is one of the fundamental principles in any proceedings. However, the concept of this principle in the criminal proceedings which has a fundamental difference with civil procedure especially because of existence of the preliminary investigation and the possibility of taking decisions ...
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The contradictoriness is one of the fundamental principles in any proceedings. However, the concept of this principle in the criminal proceedings which has a fundamental difference with civil procedure especially because of existence of the preliminary investigation and the possibility of taking decisions without listening to statements and reasons of criminal claim parties, also the limits of implementation of this principle are not clear. So it is necessary to considering how to apply this principle, particularly in relation to the Criminal Procedure Act 1392, which seeks to further the adversarial criminal process such as a civil proceeding. contradictoriness in criminal procedure means that no decision against one of the public claim in any stages of the proceedings (prosecution, investigation and trial) should be made just after hearing testimony and considering evidences of public claim parties (accused and prosecutor). This principle is not explicitly mentioned by Criminal Procedure Act 1392 but the contradictoriness implicitly is accepted and the most important examples of implementation of this principle in this Act such as adversarial processing in the preliminary investigation stage in forgivable crimes and in the trial stage in the court, accessing to lawyer, prohibition of obtaining any defense bill, new document and evidence pursuant of announcement of termination of proceedings has been mentioned. However with regards to the unequal status of public claim’s parties and international documents emphasis on improving accused's status through using human rights instructions including applying of the principle of contradictoriness in the criminal procedure so here we will mention examples in the Criminal Procedure Act 2013 in violation of contradictoriness against accused.
Mohammad Ashouri; jamal ansari
Abstract
The Islamic Republic of Iran is in terms of the number of criminal population, in the eighth and in terms of the number of pre - trial detentions in the ninth place in the world. An increase in the rate of prison population from 172 in 1993 to 287 in 2014 and an increase in the rate of pre-trial detention ...
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The Islamic Republic of Iran is in terms of the number of criminal population, in the eighth and in terms of the number of pre - trial detentions in the ninth place in the world. An increase in the rate of prison population from 172 in 1993 to 287 in 2014 and an increase in the rate of pre-trial detention from 39 to 72 in the same period are clearly showing that Iran is experiencing a huge increase in the criminal population. The growth of the rate of pre - trial detention is one of the main causes of penal population growth and the subsequent overcrowding in prisons in Iran. Increase in the rate of pre-trial detention, in turn, results from the legislative, judicial and several other factors. Expansion of substantial criminal law interventions - through the widespread criminalisation and imprisonment, war on drugs and the lack of adequate criminal measures to replace non-custodial measures and eventually legislature's weakness in regulations relating to the custody are the most important factors including legislative and excessive reliance on and inefficient judges and prosecutors to control crime, and minimal use of non-custodial measures and structural weaknesses in the judiciary, are also some other causes of the increase in the number of the defendants waiting for trail.
