Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 1203-1213 |
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Rezaeipanah A, Baninaeime E, Albooali A. Challenges of Issuing and Enforcing Sentences for the Crimes of Aggressive Possession, Disturbance and Obstruction of Rights. MLJ 2022; 16 :1203-1213
URL: http://ijmedicallaw.ir/article-1-1646-en.html
URL: http://ijmedicallaw.ir/article-1-1646-en.html
1- Department Criminal Law and Criminology, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran
2- Department of Criminal Law and Criminology, Abadan Branch, Islamic Azad University, Abadan, Iran
2- Department of Criminal Law and Criminology, Abadan Branch, Islamic Azad University, Abadan, Iran
Abstract:
Background and Aim: In Iran's legal system, according to Article 690 of the Islamic Penal Code (Book Five - Ta'zirat), judgments of criminal authorities must be implemented by the criminal execution unit of the judiciary. Although the general process of executing these judgments is determined in laws such as the Civil Execution Law and the Law on the Execution of Financial Convictions, the implementation of these authorities' decisions in some cases is accompanied by ambiguities and challenges, leading to difficulties for the convicted party in obtaining their rights. This article aims to investigate these ambiguities and challenges.
Method: This study employs a descriptive-analytical method, based on library research, to examine the processes and executive challenges of judgments issued by criminal courts regarding the three crimes of aggressive possession, disturbance and obstruction of rights in the Iranian judicial system.
Ethical Considerations: In this research, all sources have been accurately cited in accordance with ethical principles and any distortion or misuse of data has been avoided.
Results: The findings indicate that existing ambiguities in the process of executing the most important decisions of the aforementioned authorities, including those related to financial convictions and non-financial convictions, have led to the emergence of different procedures in the criminal justice enforcement units. Furthermore, the implementation of these decisions in practice is accompanied by challenges, some of which include: ambiguity in judgments, lack of sufficient enforcement guarantees and interpretability of judicial authorities. These issues, in addition to disparate rulings, hinder the realization of justice and lead to confusion among courts and judges.
Conclusion: To resolve the ambiguities and challenges in issuing and enforcing judgments for the crimes of aggressive possession, disturbance and obstruction of rights, it is suggested that the legislator provide more precise definitions of the concepts and instances of these crimes, as well as establish clearer executive mechanisms, to facilitate judicial uniformity. Additionally, the necessity of educating and enhancing the knowledge of judges in handling cases related to legal entities and moral perpetrators is of particular importance.
Please cite this article as:
Rezaeipanah A, Baninaeime E, Albooali A. Challenges of Issuing and Enforcing Sentences for the Crimes of Aggressive Possession, Disturbance and Obstruction of Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e68.
Method: This study employs a descriptive-analytical method, based on library research, to examine the processes and executive challenges of judgments issued by criminal courts regarding the three crimes of aggressive possession, disturbance and obstruction of rights in the Iranian judicial system.
Ethical Considerations: In this research, all sources have been accurately cited in accordance with ethical principles and any distortion or misuse of data has been avoided.
Results: The findings indicate that existing ambiguities in the process of executing the most important decisions of the aforementioned authorities, including those related to financial convictions and non-financial convictions, have led to the emergence of different procedures in the criminal justice enforcement units. Furthermore, the implementation of these decisions in practice is accompanied by challenges, some of which include: ambiguity in judgments, lack of sufficient enforcement guarantees and interpretability of judicial authorities. These issues, in addition to disparate rulings, hinder the realization of justice and lead to confusion among courts and judges.
Conclusion: To resolve the ambiguities and challenges in issuing and enforcing judgments for the crimes of aggressive possession, disturbance and obstruction of rights, it is suggested that the legislator provide more precise definitions of the concepts and instances of these crimes, as well as establish clearer executive mechanisms, to facilitate judicial uniformity. Additionally, the necessity of educating and enhancing the knowledge of judges in handling cases related to legal entities and moral perpetrators is of particular importance.
Please cite this article as:
Rezaeipanah A, Baninaeime E, Albooali A. Challenges of Issuing and Enforcing Sentences for the Crimes of Aggressive Possession, Disturbance and Obstruction of Rights. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e68.
Keywords: Enforcement of Orders, Aggressive Occupation, Obstruction of Rights, Property Disturbance, Judicial Challenges
Type of Study: Original Article |
Received: 2023/04/11 | Accepted: 2023/09/19
Received: 2023/04/11 | Accepted: 2023/09/19
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