Examining the balance between security-oriented and citizen-oriented approaches In the proceedings of the courts of the revolution and especially of the clergy

Message:
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

Criminal procedure is the meeting point between the rights of individuals and society, both of which are important and must be protected. In criminal law, there are principles and rules governing the stages of criminal justice implementation and the duties of the officials who do this, and respecting the rights of the accused, the victim, and society, which are called criminal procedure. In the meantime, the legislator has used a special procedure in the field of criminal law based on considerations regarding some crimes and individuals, which is called differential procedure. In this type of proceedings, the main origin of which takes place in special courts, we are often faced with the adoption of two security-oriented and citizen-oriented approaches, and since the proceedings in these courts, at first glance, the suspicion of non-compliance with guarantees It brings to mind the proceedings; Determining the status and degree of adherence to the well-known principles of fair and just proceedings, such as the presumption of innocence of the accused, the public nature of the proceedings, the right to have a lawyer, hearing within a reasonable time, the right to appeal, etc., as components of a citizen-centered approach, is essential. It is important and inevitable; Therefore, considering the importance and important role of having a balance between these two approaches and avoiding the adoption of a purely security-oriented approach, which leads to the possibility of neutrality of the judicial system and violation of the defense rights of the accused; In addition to stating the limitations imposed on the well-known principles and guaranteeing the defendants' defense rights, we would like to present, as far as possible, the mechanisms to create balance in the course of differential proceedings in Iran's criminal justice system.

Language:
Persian
Published:
Journal of Islamic Jurisprudence and Law, Volume:16 Issue: 2, Autumn and Winter 2023
Pages:
362 to 382
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