Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 737-751 |
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Khajvand M, Jafari M. Guaranteeing the Implementation of Human Rights Violations Related to the Accused in Iranian Criminal Law. MLJ 2021; 15 :737-751
URL: http://ijmedicallaw.ir/article-1-1460-en.html
URL: http://ijmedicallaw.ir/article-1-1460-en.html
1- Nowshahr Branch, Islamic Azad University, Nowshahr, Iran
2- Sari Science and Research Branch, Islamic Azad University, Sari, Iran
2- Sari Science and Research Branch, Islamic Azad University, Sari, Iran
Abstract:
Background and Aim: Criminal guarantee of human rights standards is an important issue and a point of discussion. This article seeks to examine the fact that the legislature has provided an executive guarantee for the protection and protection of these rights.
Materials and Methods: The article is descriptive-analytical and uses the library method to study the subject and data collection has been done by referring to documents, books and articles.
Results: The findings of the study indicate that in Iranian criminal law, the guarantee of implementation of some human rights standards related to the accused, such as violation of the prohibition of torture, violation of acts and orders of the judicial authority, violation of the rights of detainees, violation of criminal security agreements, violation of independence and Impartiality of the investigator and the judge and violation of privacy are punishable by imprisonment, dismissal and deprivation of service. But there are also gaps, such as the lack of enforcement guarantees for some rights, such as the right of access to a lawyer, which allow the accused to be deprived of his rights.
Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Conclusion: It is necessary for citizenship rights to have the necessary criminal enforcement guarantees and in cases such as the right of access to a lawyer; a proper enforcement guarantee should be developed.
Cite this article as: Khajvand M, Jafari M. Guaranteeing the Implementation of Human Rights Violations Related to the Accused in Iranian Criminal Law. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: The article is descriptive-analytical and uses the library method to study the subject and data collection has been done by referring to documents, books and articles.
Results: The findings of the study indicate that in Iranian criminal law, the guarantee of implementation of some human rights standards related to the accused, such as violation of the prohibition of torture, violation of acts and orders of the judicial authority, violation of the rights of detainees, violation of criminal security agreements, violation of independence and Impartiality of the investigator and the judge and violation of privacy are punishable by imprisonment, dismissal and deprivation of service. But there are also gaps, such as the lack of enforcement guarantees for some rights, such as the right of access to a lawyer, which allow the accused to be deprived of his rights.
Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Conclusion: It is necessary for citizenship rights to have the necessary criminal enforcement guarantees and in cases such as the right of access to a lawyer; a proper enforcement guarantee should be developed.
Cite this article as: Khajvand M, Jafari M. Guaranteeing the Implementation of Human Rights Violations Related to the Accused in Iranian Criminal Law. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/10/16 | Accepted: 2022/01/30
Received: 2021/10/16 | Accepted: 2022/01/30
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