Volume 12 - Special Issue on Human Rights and Citizenship Rights
MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 215-229 |
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Shirsavar Shahvand M, Mirkamali S A, Rajabi A. The Position of Non-Judicial Persons in the New Code of Criminal Procedure in the Criminal Procedure and in the Light of Citizenship Rights. MLJ 2018; 12 :215-229
URL: http://ijmedicallaw.ir/article-1-1242-en.html
URL: http://ijmedicallaw.ir/article-1-1242-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 Law, Shahid Beheshti University, Tehran, Iran. (Corresponding author)
2- Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran. (Corresponding author)
Abstract:
Background and Aim: Criminal Proceedings are a Long Process that Begins With the Discovery of a Crime and Ends With the Execution of Criminal Sentences. Different Persons Play a Role in the Criminal Proceedings That in a Division Can be Divided Into two Groups of Judicial and Non-Judicial Persons.
Materials and Methods: The Research Method in This Article is Library and Using Citation and Filing Resources.
Findings: The Findings Indicate That the Criminal Procedure Code adopted in 2014 With the Amendments of 2016 Has Innovations in Different Aspects. This Law Pays Attention to the Role of Illegal Persons in the Judicial Process, Which has Assigned the Rights of Citizens to Them Independently of Administrative Bureaucracies.
Conclusion: In the New Criminal Procedure Code, the Role of Non-Judicial Persons in Criminal Proceedings has Become more Prominent Than in the Past, and this Change is Partly Due to the Change in the Nature of Criminal Proceedings and Related Paradigms and the Acceptance of Some Aspects of Restorative Justice Orginated Citizenship Rights Approved in 2016. Other Factors Such as the Need for a Fair Trial, the Complexity of Crimes and Defendants’ Behaviors Also Require the More Effective Presence of Non-Judicial Persons in the Criminal Proceedings. Among the Innovations, the Active and Effective Presence of Social Workers in Various Stages of Criminal Proceedings, the Presence of Competent Persons in the Formation of Personality Files, the Presence of Counselors in Juvenile Courts and the Role of Non-Governmental Organizations in Criminal Proceedings and Some More Competent Centers and Organizations are More Notable so That we Can Say the Criminal Procedure Code Approuved 2014 Has Different Aspects of Restorative Justice With the Presence of Non-Judicial Persons.
Please cite this article as: Shirsavar Shahvand M, Mirkamali S A, Rajabi A. The Position of Non-Judicial Persons in the New Code of Criminal Procedure in the Criminal Procedure and in the Light of Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 215-229.
Materials and Methods: The Research Method in This Article is Library and Using Citation and Filing Resources.
Findings: The Findings Indicate That the Criminal Procedure Code adopted in 2014 With the Amendments of 2016 Has Innovations in Different Aspects. This Law Pays Attention to the Role of Illegal Persons in the Judicial Process, Which has Assigned the Rights of Citizens to Them Independently of Administrative Bureaucracies.
Conclusion: In the New Criminal Procedure Code, the Role of Non-Judicial Persons in Criminal Proceedings has Become more Prominent Than in the Past, and this Change is Partly Due to the Change in the Nature of Criminal Proceedings and Related Paradigms and the Acceptance of Some Aspects of Restorative Justice Orginated Citizenship Rights Approved in 2016. Other Factors Such as the Need for a Fair Trial, the Complexity of Crimes and Defendants’ Behaviors Also Require the More Effective Presence of Non-Judicial Persons in the Criminal Proceedings. Among the Innovations, the Active and Effective Presence of Social Workers in Various Stages of Criminal Proceedings, the Presence of Competent Persons in the Formation of Personality Files, the Presence of Counselors in Juvenile Courts and the Role of Non-Governmental Organizations in Criminal Proceedings and Some More Competent Centers and Organizations are More Notable so That we Can Say the Criminal Procedure Code Approuved 2014 Has Different Aspects of Restorative Justice With the Presence of Non-Judicial Persons.
Please cite this article as: Shirsavar Shahvand M, Mirkamali S A, Rajabi A. The Position of Non-Judicial Persons in the New Code of Criminal Procedure in the Criminal Procedure and in the Light of Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 215-229.
Type of Study: Original Article |
Received: 2018/08/11 | Accepted: 2020/06/6
Received: 2018/08/11 | Accepted: 2020/06/6
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