Volume 12 - Special Issue on Human Rights and Citizenship Rights                   Medical Law Journal 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 21-34 | Back to browse issues page

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Dolatshahinejad F, Golkhandan S, Rajabiye M H. Explain the Challenges of Criminal Inflation in the Iranian Legal System in the Light of the Right to a FairTrial. Medical Law Journal. 2018; 12 :21-34
URL: http://ijmedicallaw.ir/article-1-1226-en.html
1- Department of Criminal Law and Criminology, Faculty of Humanities, khomein Branch, Islamic Azad University, khomein, Iran
2- Department of Criminal Law and Criminology, Faculty of Humanities, khomein Branch, Islamic Azad University, khomein, Iran. (Corresponding author)
3- Department of Criminal Law and Criminology, Faculty of Humanities, khomein Branch, Islamic Azad University, khomein, Iran
Abstract:  
Background and Aim: In the Field of Criminal Law, the Term Criminal Inflation is Used When Criminal Titles Increase in the Criminalization Process. It Should be Noted That Criminal Inflation and the Uncontrolled Increase in the Criminalization of Various Behaviors in Society Mainly Lead to the Real Inefficiency of the Domestic Criminal Law System. Due to the Lack of Necessity and the Feeling of Need on the Part of Society, the Criminal Norm is not Observed in Practice by Law Enforcement Officials, and as a Result, There Will be Basically no Sense of Ugliness in Violation of this Norm in Society.
Materials and Methods: This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has Been Done by Referring to Documents, Books and Articles.
Findings: The Right to a Fair Trial That Has Entered the Domestic Legal Structures From the Space of International Human Rights Instruments and Norms It Has Several Instances, Such as Being Tried by an Independent and Impartial Tribunal, the Principle of Innocence, Providing Information About the Nature and Reason for the Charge, the Right to a Trial Without Undue Delay, The Right to Question Witnesses, Etc; As a Result, the Right to a Fair Trial is Closely Related to the Concept of the Rule of Law.
Ethical Considerations: In Order to Organize This Research, While Observing the Authenticity of the Texts, Honesty and Fidelity Have Been Observed.
Conclusion: The Concept of the Rule of Law Has Five Basic Elements, Which Are Very Closely Related to the Right to a Fair Trial. The Less Attention is Paid to the "Rule of Law" in Policy and Legislation, the More Challenging the Elements of the Rule of Law in the Executive Process. When the Legislator in the Process of Legislation and Criminalization, Regardless of Social Necessities, Defines Various Criminal Titles and, in a Sense, Creates Criminal Inflation in the Legal System, by Creating Traffic in the Country's Judicial Structure, Even Without Necessity, it in Fact Confronts the Main Elements of the Rule of Law, and in Particular the Right to a Fair Trial, With Serious Challenges.

Please cite this article as: Dolatshahinejad F, Golkhandan S, Rajabiye M. R. Explain the Challenges of Criminal Inflation in the Iranian Legal System in the Light of the Right to a Fair Trial. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 21-34.
Type of Study: Original Article |
Received: 2018/10/22 | Accepted: 2020/05/19

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