criminal procedure code

The most important principles of a fair trial are the right to defense and the right to choose a lawyer, and one of the basic guarantees in order to realize the defendant's right to defense and apply the principle of equality of arms between the parties to the lawsuit is the defendant's benefit from a defense lawyer during the preliminary investigation and trial stages. The presence of a lawyer has been considered in all the past periods. Accordingly, in Article 35 of the Constitution, this matter has also been taken into consideration by the legislator. considered it subject to the prescription of the court, but the lawmaker in the Criminal Procedure Law of 2012 clearly stated the right to have a lawyer in all stages of the proceedings. The company of a defense lawyer is accepted in all the stages of the proceedings in the regulations of most countries of the world, and this right has undergone many changes in the laws before and after the revolution in our country. The criminal procedure approved in 1392 has been analyzed and evaluated with a comparative comparison with the French criminal law in different stages of the trial, including the stage under observation, the prosecutor's office and the court, and in other parts of the research, the position of the lawyer in human rights documents has also been examined from the point of view of critical criminology. And finally, the important innovations in the field of lawyer's intervention, which the legislator predicted for the first time in the said law, have been addressed; And at the end of this research, the Criminal Procedure Law of 1392, with all its problems and shortcomings, was much more progressive than the previous laws and better respected the defense rights of the litigants. Involving the lawyer in all crimes and predicting immunity for the lawyer during the defense process. This research, with the help of descriptive method, explains and analyzes the provisions and developments of Iran's criminal procedure law with the perspective of French law

One of the measures taken to protect witnesses in the Statute of the International Criminal Court and the Code of Judicial Procedure of our country is to keep their identities secret. Both the defendant is important and the defendant's right can not be ignored for the sake of witness testimony or the defendant's defense rights were endangered and threatened without regard to witness safety. Regarding the validity and positive value of the testimony of anonymous witnesses, this question arises To what extent are their value, credibility and testimony valued? The Code of Criminal Procedure is silent on the validity and value of the testimony of anonymous witnesses and whether such testimony can alone be used to document a conviction. It seems that the value and validity of the testimony of anonymous witnesses, if it is not possible for the accused to face and challenge the witnesses, is not equal to the identity of the witnesses in this article.And the security of intuitions has been examined.

With the emergence of victim protection and the emergence of supportive victimology in the twentieth century, the forgotten position of the victim in the criminal process was restored and its findings expressed in the form of universal standards for victim protection. Victim support is an indispensable and indisputable factor in criminal proceedings. This support has various manifestations that governments usually try to provide at least. The Iranian legislator also in the Criminal Procedure Code of 2013, defining the word "victim" and addressing rights such as the right to be recognized and to be given the right to be victimized have the right to be informed, have immediate and easy access to the criminal justice system; , The right to confidentiality of investigations, compensation of victims, the right to legal aid and assistance and special representation to the victims, the equality of rights of the accused with the equality of arms, the right to medical and psychological protection, the rights of the victim at the stage. Appeal, in line with ethics, has shifted its course toward the moral rights system. There is much to think and research about since this orbital ethic in the Iranian penal system has not had such a long history.Comparative studies in this article show that the above rights are in line with the rights found in the Statute and Rules of Procedure of the International Criminal Court; therefore, the Code of Criminal Procedure adopted in 2013, despite its theoretical objections and possible drawbacks He has tried to have a uniform and ethical view of the rights of the accused and the victim in relation to the previous rules of our country. To this end, it has made assurances that this realization will be possible in the real world. On the one hand, by providing ...

The aim of this study was to investigate the developments about victims’ rights in criminal law in light of criminal procedure law. Victim as one of the most important pillars of the criminal phenomenon has not yet found its real and decisive position in the criminal policy of societies. Criminal researchers have focused their utmost on elements such as crime, offender, and punishment, and as a result, victims of crime or crimes, which often play an effective role in the occurrence of crime, have remained out of sight. With the advent of victimology knowledge in recent decades, great steps have been taken to scientifically study the victims and to identify their characteristics and performance in a crime. In addition, the prominence of human rights issues through the adoption of global and regional documents and regulations on criminals and victims has provided a suitable platform for serious attention to the status of victims in national criminal justice systems. For this reason, material and spiritual protections of victims such as compensation fund, psychological and medical support are seen in the Criminal Procedure Code of 2013.

The right to freedom and the right to safety are among the human rights that are always accompanied by many theoretical challenges. From an executive point of view, there are many obstacles and uncertainties, including common areas of safety and freedom in criminal law, especially in Criminal Procedure Code. Therefore, in this paper, we have tried to discuss the relations between freedom and safety in the procedure laws approved in Post-Revolutionary Iran while presenting fundamental conceptual issues and presenting the existing relations between these two rights from the perspective of Islamic religion, as the basis of penal laws in Iran. From this descriptive-analytical study, it was concluded that in Islam, three types of relationship between security and freedom are imaginable. It can also be acknowledged that the Criminal Procedure Code of 2013 has eliminated all previous legal defects and ambiguities regarding the enjoyment of personal freedom and safety. By completely eliminating the issuance of mandatory temporary detention appointments, as well as the elimination of all mandatory detention appointments in certain laws, except for laws governing crimes of the armed forces, the law emphasizes the necessity of justifying temporary detention, reducing the detention period, the rights of individuals to review the legality of their detention and requesting their release, and protesting the right of individuals to arrest or detain themselves.

The purpose of the present study is to investigate the fundamentals and challenges of criminalization in the criminal policy discourse of criminal procedure law. Legislative criminal policy discourse is the legislative body\'s perception of the criminal policy in the form of ratification of various laws. Criminality, on the other hand, has a long history of practice, as human findings suggest, at least four thousand years old. In addition, the basic question of why people\'s behavior is restricted and the need for a proper answer about the right of the ruler or the state to be criminally organized and its reason for imposing pain and suffering on the people from the central organization of power is organized. The interaction of criminal procedure with other disciplines, especially criminology, has led to the inherent dignity of those who have been victimized as well as being seriously identified by the legislator. Reducing the criminal process is one of the gains of this interaction. In general, the criminal process and the punishment of individuals are carried out on specific grounds, with the \"harm principle\", the \"principle of legal patriotism\" and the \"principle of legal ethics\" being given more attention. According to the principle of temporal loss, society and government have the right to intervene in the affairs of the life and liberty of others and to impose coercion on others with the intention to prevent harm and harm to others. Patriarchy is about preventing the government from harming itself. In fact, the legislature justifies the protection of the interests of the individual by committing criminal acts to prevent harm. On this basis, and as a restrictive principle of liberty, it has been said that \"patriarchy\" is usually a good reason to support a criminal ban that prevents harm (physical, psychological, spiritual and economic) to its subject. In the debate over legal patriarchy, one of the challenges is that some believe patriarchy is the worst kind of authoritarianism one can imagine, because it is appropriate to deal with a man who is incompatible with his freedom. Finally, it can be argued that the fact that law is subject to ethics and criminalization of ethics by the legislature is legal ethics, but of course the main challenge is that some criminal law theorists believe in the right and duty of parents and educators. They are based on the teaching of ethics, and in their view, a government that is devoid of these interests and emotions goes beyond its limits if it fulfills its duties and not only fulfills its critical responsibilities. Remains itself, restoring the spiritual and spiritual freedom and independence that are the natural rights of human beings, especially in respect of those who are respected in the cup. They have to interfere with their duty to ignore.

Today, due to the overwhelming burden of litigation cases, the mechanisms originating from dejudicialization and reduction of responsibility of court proceedings are gradually recognized in the laws of the countries, including the most important of which is the institution of criminal mediation.  It has been pursued as a substitute for prosecution in Iranian and French criminal law with the aim of reducing the inflow of cases, and a country such as France has been ahead of Iran in practicing this traditional institution in nature but modern in title. For this reason, Iran is currently in its infancy in the implementation of criminal mediation, so it is of paramount importance to explain the practical executive points required for its better implementation. In addition, the adoption of the By-Laws on Mediation in Criminal Matters by two entities, one by the Judiciary in 1394 and then by the same title and a different text by the Council of Ministers in 1395, include important administrative points along with several ambiguities. While the law enforcement practice in French criminal law as an inspiring country on the one hand, and the practice of indigenous-local practitioners in the application of mediation on the other hand, are not only effective in resolving ambiguities, but can also be used to take a further step in the direction of localizing the implementation of this institution.

In the Islamic Penal Code, through changing the legislator's attitude due to taking criminal responsibility of legal entities, drafting particular rules of procedure compatible with the status of this group of entities becomes imperative. Therefore, new prosecution, trial and punishment methods should be adopted and confirmed for legal entities, through approval of specific criminal laws and new criminal Procedures distinct from those considered for natural entities. Therefore, in the new Criminal Procedure Code (approved in 1392) the legislator has considered a special criminal procedure for legal entities. Review of the relevant articles show that, in spite of providing some innovations, the above-mentioned Code is in no way commensurate with the special status of legal entities and the Criminal Procedure Code of 1392, has only accounted for trial and punishment of natural entities. Therefore, revision of the Code, consideration of relevant articles, and extraction of the chapter related to offences committed by legal entities from the Criminal Procedure Code of armed forces –as described in the following sections- is necessary.

This article examines and analyzes the rights of defendants in Islamic jurisprudence and the Iranian Criminal Procedure Code. Given the importance of preserving human dignity and justice in the judicial process, this study seeks to align Islamic legal principles with modern legal frameworks. Initially, the theoretical foundations of defendants' rights in Islamic jurisprudence are reviewed, focusing on principles such as the presumption of innocence, prohibition of torture, and equality before the law. Subsequently, these principles are compared with the Iranian Criminal Procedure Code to identify the similarities and differences between these two legal systems. The study then explores the legal and practical challenges related to defendants' rights at various stages of the judicial process, including investigation, trial, and appeal, and analyzes instances of rights violations in the Iranian judicial practice. Finally, suggestions are made for strengthening legal and jurisprudential foundations, revising and updating the Criminal Procedure Code, and increasing awareness and training for judges and lawyers. This research demonstrates that extensive legal and structural reforms are necessary to ensure the rights of defendants in Iran's judicial system.

The testimony as a proof of crime, after confession, has a special place in Iran's criminal justice system and unlike some of the evidence, such as confession, education requires citizens to participate. In this process, the fulfillment of the functionalist role for intuition and knowledge requires the use of certain supportive methods that are rooted in the protection of individual and social rights and, to a significant extent, have the foundations of human rights. Therefore, in order to understand the basis of these measures, it is desirable to draw up its provisions based on the protection of human rights and human dignity and the promotion of justice. The Iranian version of Iran's Code of Conduct also replaced the passive approach in the new version in comparison with the previous laws and determined the definition and allocation of the special rights of witnesses and informers. The comparison of domestic law with international and regional documents also reflects the relative alignment of the current domestic lawmaker's approach to human rights standards. However, in some areas such as women's testimony, we have faced challenges. However, the results of our studies have shown that the Criminal Procedure Code provides more legitimate regulation than the role of witnesses and informants in comparison to former laws.

The Participatory Criminal Policy which shows role and situation of people and social and non-state organizations in penal prosecution divides in two types: Active (pragmatic or precautionary) and Reflexive (responder or passive). The main goal of The Active or primitive Participatory Criminal Policy is to prevent committing of crime or decreasing it through upbringing the social behaviors which is called social prevention and shows people's role in decreasing of crime. The goal of Reflexive or second Participatory Criminal Policy is participation of people and social and non-state organizations in penal prosecution after the commitment of crime. In this view, the penal justice institution is no longer just a replier reference for resolution of discrepancy, but also it will be used the people and social organizations capacity in this matter. With people's participation in criminal prosecution process we will see respectability of the people's volition which results enhancement of public trust to the penal justice institution and decreasing of crime. In this article, the main goal is to study the role of people and social and non-state organizations in penal prosecution which will be in three sections: beginning the penal prosecution, resolution of discrepancy and implement of penal contracts based on the new Criminal Procedure Code approved on February 23rd of 2014.