نشریه آموزه های حقوق کیفری
پیاپی 4 (پاییز و زمستان 1391)

Over the last two decades, shaping of the preventative culture of the crime on the society stage has made the legislator constantly specified –in addition to the criminalization and setting the punishment- an Article or Articles to the prevention of the crime. In respect to this, the 5th FYDP as a determining the method of the society movement to the development in the different aspects: political, economic, social, cultural and judicial development over the five years, has attempted to reduce the crime conditions and criminogenic factors and also to consider the strategies which induce not to be happened the repetition of a crime, follows a different orientation to the subordinate legal matters. In other words, the functional activity is the superior to the state.

constructed two models, the Due Process Model and the Crime Control Model. The first model operates like conveyor belt which is going to present a convenient way to confronts Defendants. Rather, the justice criminal system which is compatible with the Crime Control Model instead of striking a balance between the rights of the accused and the society has mind to arrest, convict and punish the defendants. But in the second model, the functionalists of the criminal justice system should mind to provide the reasonable search of the defendants and consider the rights of defendants. The Crime Control Model highlights with four categories in the criminal process. According to the paper findings, the Crime Control Model in the criminal process in the presumption of guilt demands guilt, the repression of crimes is in the accusation stage and the right of the accused silent is not accepted and at last in the procedure level, the criminal dispositions should have a premium on speed and finality.