نوع مقاله : مقاله پژوهشی
1 دانشیار دانشگاه علامه طباطبائی
2 دانشگاه علامه طباطبائی
عنوان مقاله [English]
The principles of a fair trial, which guarantee a fair trial, cover the entire trial, including the Execution of criminal sentences. The principle of judicial execution of criminal sentences, which expresses the necessity of the intervention of the judicial authority, along with broad powers in the execution of punishment and in order to make the punishment commensurate with the personality of the convicts, is one of the most important principles of fair trial at this stage. Many legislators, realizing the need for this principle in the implementation phase, have long accepted and applied its requirements. The appointment of a qualified judge to execute the verdicts, the granting of the necessary powers to him and the executive body and the possibility of appealing against his decisions are the most important requirements and requirements of the principle of judicial execution of criminal judgments. Now, although the Iranian legislature, by approving the Code of Criminal Procedure in 1392, while recognizing the executive judge, has granted him powers; However, this faces serious criticisms and challenges due to the lack of conditions such as expertise and experience, lack of full judicial authority and the impossibility of appealing against his decisions. It seems that the adoption of the "Law on Execution of Criminal Judgments" and the creation of an independent structure of the institution for the execution of criminal judgments, along with granting the necessary authority to use correctional institutions, the right to change the sentence Get out of these challenges.