جستجوی مقالات مرتبط با کلیدواژه « مصالح ملی » در نشریات گروه « فقه و حقوق »

The principle of publicness of the proceedings is one of the criteria for ensuring the fairness of the proceedings, which results in guaranteeing the rights of individuals and improving the quality of criminal proceedings. This principle is accepted as an accepted principle in international human rights documents and the statutes of criminal courts, but What is certain is that the principle of public proceedings, like other general principles, is not an absolute principle that can be implemented under any circumstances; Sometimes the presentation of higher interests such as national interests, good morals, private interests of the litigants and the requirements of justice will limit the need to observe the public nature of the proceedings and will be a reason for holding the proceedings in private. This principle has been provided in domestic laws in line with the legal systems of the world,and the constitutional law in principles 165 and 168 and other formal laws have assumed its subject, general and non-transparent exceptions to this principle in international and Iranian laws can be considered. It is not a defense, and the use of terms such as "acts contrary to modesty", "crimes against morality", "religious sentiments", "public order", "private lawsuits and family relations" etc. in vague and non-transparent domestic laws. is, and it was necessary for the legislator to fully explain these exceptions so that only in the cases that are rightly included in the exception, hearings will be held in a closed manner, so that fair proceedings can be realized from this platform. This essay, which was carried out in a descriptive-analytical method, first discussed the position of this principle in international and domestic documents, and then carefully considered the exceptions to the principle. Considering the dignity and prominent position of the principle of openness, it should be said that the openness of criminal proceedings is considered a principle and non-publicity is considered an exception, which means that the exceptions in practice should be interpreted in a narrow way so as to be the basis for the implementation of this principle. be provided This principle is fully compatible with the standards of human rights and the theoretical basis of this principle is the right of the accused and the interest of the society. Also, Islamic standards are not against this unquestionable principle of law, and examining the statements of the jurists shows that they had public proceedings in their minds as an assumption. Despite the fact that the publicness of the court's verdict has received serious attention in international human rights documents, it is not mentioned in the constitution, and what has been stated in the criminal proceedings regarding the announcement of the verdict of some crimes is not in line with the international regulations.

War is one of the hallmarks of "resorting to force". The Dictionary of Terms of International Law defines the use of force in two ways. The use of force in the first sense is any form of violent action that can not be considered a military action. But in the second sense, all military measures and operations, including war, are included. "War is a phenomenon of social pathology and a factor of political transformation that can be studied historically, politically, economically, militarily, sociologically, etc.". These kinds of considerations from the point of view of the lawyer who must be considered and It is not limited to the legal concept of war, is not at stake. In international law, the war is a form of coercion with the use of force and force that can be defined legally as follows: war as a "tool of national politics" is an arsenal of armed operations and armed acts in the framework of relations between states (two or Several countries) and enforce certain rules in their relations with each other as well as with third countries. In this regard, at least one of the parties to the conflict seeks to impose its political views on the other. In this way, armed combat operations are the means and purpose of imposing an invading will. From the definition provided, one can conclude that the legal concept of the war consists of four basic elements: the organizational and organizational element (countries), the material element (the exercise of armed force), the spiritual element or psychology (the intention of the war) and ultimately purposefulnessWar (national interests and interests).