Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 103-118 |
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Petoft A, Kaviani H. Legal Pathology of Dealing with Cases of Petroleum Products Smuggling in the Light of the Right to Litigation. MLJ 2022; 16 :103-118
URL: http://ijmedicallaw.ir/article-1-1564-en.html
URL: http://ijmedicallaw.ir/article-1-1564-en.html
1- Medical Ethics and Law Research Center and Biological Technologies Law Department, Shahid Beheshti University of Medical Sciences, Tehran, Iran.
2- Department of Public Law, Islamic Azad University, Science and Research Branch, Tehran, Iran.
2- Department of Public Law, Islamic Azad University, Science and Research Branch, Tehran, Iran.
Abstract:
quota. Although this is very important in order to protect the public interest, it is necessary to have special protection mechanisms in laws provided by legislators to guarantee the individual rights of people accused of such crimes in order to properly defend their rights and benefit from a fair trial system. This is despite the fact that the current state of proceedings in cases of petroleum products smuggling has many weaknesses, shortcomings and problems in terms of norms and functional procedures, which rightfully causes significant damage to the prosecution of the accused in this regard. Therefore, this article aims to answer this important question: what legal damages exist in this specialized judicial system and what solutions could be suggested to correct and solve them?
Method: This research is theoretical; its method is descriptive and analytical. The method of collecting information is in the form of a library, referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In the current legal system of our country, the proceedings of petroleum product smuggling cases follow a special process, which consists of administrative proceedings, criminal proceedings, quasi-criminal proceedings and administrative proceedings, each one with shortcomings and defects.
Conclusion: Generally, we found that it is necessary to maintain the position of the "Nature Determination Working Group" as an expert authority and to strengthen the research mechanisms of the government penal judge by referring the matter to the expert of the alternative Working Group or the official expert of the judiciary. We suggested changing the composition of the Tazirat’s special branches in which judicial officials to be member; In addition to these, it is necessary to accept the complaints of the beneficiaries from the opinions of the Working Group in the branches of the Administrative Court of Justice as a judicial appeal mechanism.
Please cite this article as:
Petoft A, Kaviani H. Legal Pathology of Dealing with Cases of Petroleum Products Smuggling in the Light of the Right to Litigation. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e7.
Method: This research is theoretical; its method is descriptive and analytical. The method of collecting information is in the form of a library, referring to documents, books and articles.
Ethical Considerations: In all stages of writing the present research, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Results: In the current legal system of our country, the proceedings of petroleum product smuggling cases follow a special process, which consists of administrative proceedings, criminal proceedings, quasi-criminal proceedings and administrative proceedings, each one with shortcomings and defects.
Conclusion: Generally, we found that it is necessary to maintain the position of the "Nature Determination Working Group" as an expert authority and to strengthen the research mechanisms of the government penal judge by referring the matter to the expert of the alternative Working Group or the official expert of the judiciary. We suggested changing the composition of the Tazirat’s special branches in which judicial officials to be member; In addition to these, it is necessary to accept the complaints of the beneficiaries from the opinions of the Working Group in the branches of the Administrative Court of Justice as a judicial appeal mechanism.
Please cite this article as:
Petoft A, Kaviani H. Legal Pathology of Dealing with Cases of Petroleum Products Smuggling in the Light of the Right to Litigation. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e7.
Type of Study: Original Article |
Received: 2022/08/2 | Accepted: 2022/12/11
Received: 2022/08/2 | Accepted: 2022/12/11
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