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Ghamari E, Varvaei A, Ghasemi M. Exploring the Obtainment of Entrapment-Based Penal Proof With the Observance of the Citizenship Rights in Trial Stages. MLJ 2018; 12 :259-273
URL: http://ijmedicallaw.ir/article-1-1241-en.html

Unraveling of the Perpetrated Offences has Become a Difficult and Complicated Task Due to Various Reasons With the Entry of the Novel Technologies and Use of new Instruments in the Organized Crimes in Such a Way That the Agents Responsible for the Discovery of the Offences Have Exited Their Prior Passive States and are Actively Organizing Their Investigations. The Results Have Shown That the Victimless Crimes, Offences Perpetrated With the Satisfaction of the Parties And the Crimes for Which the Victims do not Complain due to Being Fearful or Having no Knowledge of the Crime’s Occurrence Fall in This set of Offences. Crimes Like Drug Abuse, Sexual Abuse and Economic Transgressions and Some Others Explicitly Model the Present Study’s Issues. In Fact, the Study Aims at Investigating the Extent to Which Entrapment-Based Proof Collection Can be Accepted and the Study’s Most Important Problem is Whether Entrapment-Based Substantiations are Accepted During the Criminal Trials Based on Iran’s Penal Lore or Not? In the Penal Laws of Our Country and Following the Lead of the Evident Religion of Islam and the Sure Constitutional Acts, Protection of the Individuals’ Privacy and Citizenship Rights is Superior to the Unveiling of the Crimes Hence Entrapment is not Accepted and it Lacks Legal Legitimacy Before the Judicial Authority Who Issues Sentences Relying on his Honor and Conscience. In the Islamic Laws That are Interlaced With the Observance of the Legal Principles Due to Relying on the Law of Protecting the Human Security, Veneration and Privacy and Respecting the Citizenship Rights, All of the Trial Stages Should be Held in Adherence to the Explicit Text of Law. Resultantly, Resorting to Entrapment Does not Feature Legal Value and Credibility for the Judicial Authority. The Study Method of This Article is Descriptive-Analytical.

Please cite this article as: Ghamari E, Varvaei A, Ghasemi M. Exploring the Obtainment of Entrapment-Based Penal Proof With the Observance of the Citizenship Rights in Trial Stages. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 259-273.