Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 493-508 |
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Amini Rastab S, Poorbafrani H, Khosroshahi G. Harmonization of Criminal Procedure in Iran and the Common Law System (with Emphasis on the Stage of Preliminary Investigation
in Line with the Appropriateness of Criminal Prosecution). MLJ 2022; 16 :493-508
URL: http://ijmedicallaw.ir/article-1-1637-en.html
URL: http://ijmedicallaw.ir/article-1-1637-en.html
1- Department of Law, Majoring in Criminal Law and Criminology, Naraq Branch, Islamic Azad University, Naraq, Iran.
2- Department of Law, University of Isfahan, Isfahan, Iran.
2- Department of Law, University of Isfahan, Isfahan, Iran.
Abstract:
Background and Aim: Contractualization or in other words, contractualization is a title given to a new approach to traditional criminal justice. Based on this new strategy, the system of responding to the crime and its perpetrator is formed and implemented, not only based on the unilateral decision of the judicial authority, but also through an agreement with the perpetrator of the crime.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Based on the consensus mechanism, the judicial authority can implement criminal justice from the traditional, vertical and one-way mode, horizontally and bilaterally in the cases determined by the law.
Conclusion: Iran’s criminal justice system, with the approval of the Criminal Procedure Law approved in 2012, has been able to identify various examples and manifestations of the consensus strategy. On the other hand, one of the important stages of the implementation of these examples and effects is the stage of preliminary investigation by the prosecution authorities. In the legal system of common law, attention has been paid to the centrality of prohibition of criminal prosecution with the approach of alignment in justice in the stage of preliminary investigation
Please cite this article as:
Amini Rastabi SH, Pourbaferani H, Khosroshahi GH. Harmonization of Criminal Procedure in Iran and the Common Law System (with Emphasis on the Stage of Preliminary Investigation in Line with the Appropriateness of Criminal Prosecution). Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e31.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: Based on the consensus mechanism, the judicial authority can implement criminal justice from the traditional, vertical and one-way mode, horizontally and bilaterally in the cases determined by the law.
Conclusion: Iran’s criminal justice system, with the approval of the Criminal Procedure Law approved in 2012, has been able to identify various examples and manifestations of the consensus strategy. On the other hand, one of the important stages of the implementation of these examples and effects is the stage of preliminary investigation by the prosecution authorities. In the legal system of common law, attention has been paid to the centrality of prohibition of criminal prosecution with the approach of alignment in justice in the stage of preliminary investigation
Please cite this article as:
Amini Rastabi SH, Pourbaferani H, Khosroshahi GH. Harmonization of Criminal Procedure in Iran and the Common Law System (with Emphasis on the Stage of Preliminary Investigation in Line with the Appropriateness of Criminal Prosecution). Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e31.
Keywords: Agreement, Criminal Procedure, Compromise Justice, Agreement with the Criminal, Preliminary Investigation
Type of Study: Original Article |
Received: 2023/04/14 | Accepted: 2023/08/28
Received: 2023/04/14 | Accepted: 2023/08/28
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