Challenges of Criminal Decisions in the Face of the Principle of Persuasion and Ways to Get Out of them in the Light of Ethics and Legal Formalism from the Perspective of Iranian Jurisprudence and Law

Criminal decisions, in addition to the mission of justice and trying to realize the grand ideals of the criminal justice system, are also partially in search of guaranteeing and establishing the principle of persuasiveness of people and public opinion of the society. In order to be able to trace the influence of this principle, which also has certain jurisprudential foundations, to the application of the legal system of the society; it is necessary to observe a series of formal and substantive standards and indicators during the issuance of decisions so that it can be hoped that the public opinion of the society will accompany the quality and logic of the judgments issued in the courts.

This research is of theoretical type and the research method is descriptive-analytical. The method of data collection is library and has been done by referring to documents, books and articles.

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

In the current situation of the Iranian legal system, the Confirmation of the principle of persuasion in the stage of issuing criminal verdicts faces many theoretical and practical challenges, without which it cannot be hoped that the level of public satisfaction with the performance of judicial authorities at this stage is desirable and significant. The problems and challenges that emerge from them require purposeful and comprehensive policy to improve the level of public oversight of the judiciary, balancing public judicial procedures in the context of the policy of judicial authority in society and paying attention to the logical and social requirements of public satisfaction.

The way of determining the punishment and the pattern that governs it is one of the most sensitive issues in defending or criticizing the approach of the criminal justice policy of the society. Basically, people and civil society expect the punishments set out in criminal judgments to be in a way that addresses their morals, values and expectations. Punishment should not and cannot be determined without regard to the culture and expectations of civil society.