Criminal Law
Hossein Aghababaei
Abstract
In Iranian criminal law, in addition to criminalizing insults to persons, which are interpreted as simple insults In Iranian criminal law and have a private and forgivable aspect, there are several instances of insults with a general description of aggravated criminal insults. While they have more severe ...
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In Iranian criminal law, in addition to criminalizing insults to persons, which are interpreted as simple insults In Iranian criminal law and have a private and forgivable aspect, there are several instances of insults with a general description of aggravated criminal insults. While they have more severe punishments, their most important and common feature is that they have a public and unforgivable aspect, and because of this feature, regardless of the real victim's complaint, the public prosecutor, assuming he is aware of the crime or its report, is obliged to prosecute the offender and bring him to justice. According to Article 11 of the Law on Reduction of Imprisonment, approved in 2020, one of the cases of aggravated insult, i.e. insulting officials and employees while serving, is excluded from the category of unforgivable crimes and the general aspect of this crime has been removed. This legal change and the subsequent judicial procedure, from the perspective of structural coordination and efficiency of criminal policy regarding the crime of insulting the authorities, have created questions and challenges that have been addressed in this study through analytical and interpretive methods. In this study, by examining the challenges arising from the deprivation of the public aspect of the crime of insulting the authorities, it is proposed to amend the law or provide a favourable judicial interpretation to resolve the problems.
Private Law
Behnam Habibi
Abstract
Based on the principles of judicial democracy, the principle of access to the judiciary has come to the forefront of the new concepts in civil justice law. On the basis of openness of the proceedings, the specialization of the judicial system and the development of various forms of dispute resolution ...
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Based on the principles of judicial democracy, the principle of access to the judiciary has come to the forefront of the new concepts in civil justice law. On the basis of openness of the proceedings, the specialization of the judicial system and the development of various forms of dispute resolution with the necessity of qualitative access to the judiciary, all make it possible to reach the efficiency of the judicial system. Meanwhile the need for quantitative access to the judiciary on the basis of judicial review and compliance with the principle of proportionality approach will lead to a standard judiciary system. The principle of access to justice has three fundamental indicators. The principle of easy access, which includes access to the rules of procedure and objective access to the judicial system. The principle of quick access, which relies on digital economy and information and communication technology, is driven by electronic justice. The principle of cheap access also seeks to balance the cost of litigation in the macro perspective. There are three criteria and sub-indicators in this principle which include the system of judicial assistance, both public and private, the law enforcement agency and the litigation insurance system. In the present paper, with a focus on the economics of justice and in a comparative approach, while recognizing the concept of the principle of cheap access to the Judiciary, from two legal and economic perspectives during scientific discussions, the following three sub-indicators will be discussed.
