Incoherence of Iran's Criminal Procedure Code (Basics and Effects)

Document Type : Original Article

Author

1. Associate Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran r-goldoust@sbu.ac.ir

Abstract

The criminal procedure should always have coherence, general and relative unity, so that through it, the efficiency and effectiveness of the criminal process by bailiffs and judicial authorities will be beneficial. Linking dense and fruitless branches to the huge body of criminal procedure will lead to criminal procedure disintegration and its collapse. The multiplicity of legislative authorities, the legislating numerous laws and the creation of parallel judicial-police institutions are the examples that will lead to the collapse of this body. The mechanism of creating an unified justice system and a coherent judicial system creates infrastructures so that, on the one hand, citizens trust more in the judicial system and thus give it credibility, and on the other hand, the actors of the criminal justice process will also feel that due to the lack of parallelism, their actions will be resultant and they will manage a huge problem called "crime". Nevertheless, due to various factors and phenomena, such as the criminal policy model floatation or the self-proclaimed readings of the surrounding situation of the social, political, cultural, economic system and etc., the criminal procedure in Iran changed the criminal procedure to the criminal procedures, It has divided the unity and integrity of the criminal justice system and caused the downfall of this huge body, which actually represents the type of criminal policy model.

Keywords

Main Subjects

References

  1.  

    References

    Books

     

    1. Ansell, Ch. Rethinking Theories of Governance, United Kingdom: Edward Elgar Publishing, 2023.
    2. Ashouri, Dariush, Political Encyclopedia, Tehran: Morvarid, 24th Edition, 2005. (in Persian)
    3. Ashouri, Mohammad, Criminal Procedure, Volume 1, Tehran: Samt, 23th Edition, 2023. (in Persian)
    4. Goldoust Jooybari, Rajab, Criminal Procedure, Tehran: Jungle, 16th Edition, 2022. (in Persian)
    5. Khaleghi, Ali, Criminal Procedure, Volume 1, Tehran: Shahr-Danesh, 44th Edition, 2024. (in Persian)
    6. Najafi Abrand-Abadi, Ali Hossein, Criminal Procedure: The Struggle between Power and Security and Individual Rights and Freedoms, In: Criminal Procedure; Foundations and Challenges, Collection of Articles of Criminal Procedure Law Conference, Tehran: Shahid Beheshti University, First Edition, 2016. (in Persian)
    7. Najafi Abrand-Abadi, Ali Hossein, Criminal Sciences in Facing Political Events (An Introduction to the Developments in Criminal Law and Criminology in the Light of the Marxist-Leninist Revolution in Russia), In: Najafi Abrand-Abadi, Ali Hossein (Ed.), Encyclopedia of Criminal Sciences; Collection of Articles, Volume 4, Tehran: Mizan, First Edition, 2019. (in Persian)
    8. Najafi Abrand-Abadi, Ali Hossein, Designing Criminal Policy by Criminal Law in the Light of Public Policy Strategies, In: Mehra, Nasrin and Amir Hassan Niaz-Pour (Eds.), Dynamic Criminal Law; A Collection of Articles in Honor of Professor Dr. Mohammad Ali Ardebili, Tehran: Mizan, First Edition, 2022. (in Persian)
    9. Najafi Abrand-Abadi, Ali Hossein, The Discourse of the Legislator’s Criminal Policy in the Criminal Procedure Code 1392, In: Olfat, Nematollah (Ed.) Hajj-e-Andisheh; Collection of Articles in the Memoir of Dr. Naser Ghorban-Niya, Qom: Mofid University, Second Edition, 2017 (in Persian)
    10. Najafi Abrand-Abadi, Ali Hossein, The Judiciary Branch as a Measure of Good Governance, In: Amadeh, Gholam Hossein, Head of the Judiciary’s Role in the Criminal Process, Tehran: Dadgostar, First Edition, 2002. (in Persian)
    11. Rostami, Hadi, Criminal Procedure, Tehran: Mizan, Third Edition, 2024. (in Persian)
    12. Saghian, Mohammad Mahdi and Seyed Pouria Mousavi, The Principle of Legality of Criminal Procedure: Fundamentals, Concepts and Scope, In: Olfat, Nematollah (Ed.) Hajj-e-Andisheh; Collection of Articles in the Memoir of Dr. Naser Ghorban-Niya, Qom: Mofid University, Second Edition, 2017. (in Persian)
    13. Shamlou, Bagher, Criminal Policy, Tehran: Mizan, First Edition, 2024. (in Persian)
    14. Shuibhne, N. N. The coherence of EU free movement law: Constitutional responsibility and the court of justice, Oxford University Press, 2012.
    15. Tadayon, Abbas, Evidence Acquisition in Criminal Procedure, Tehran: Mizan, Third Edition, 2016. (in Persian)
    16. Tahmasebi, Javad, Criminal Procedure, Volume 1, Tehran: Mizan, Fourth Edition, 2019. (in Persian)
    17. Winsett, Andrew, Theories of Government, Translated by: Hossein Bashirieh, Tehran: Mizan, 16th Edition, 2022. (in Persian)

    Articles

    1. Edkins, V. A. and Royal K. D. “Evaluating the Due Process and Crime Control; Perspectives Using Rash Measurement Analysis”, Journal of Multi-Disciplinary Evaluation, Volume 7, Issue 16, 2011, pp: 48-65.
    2. Gessen, Raymond, “Considerations on the Purpose of Criminal Procedure”, Translated by: Shahram Ebrahimi, The Judiciarys Law Journal, Volume 70, Issues 56 and 57, 2006, pp: 333-348. (in Persian)
    3. Ghapanchi, Hesam and Hamid Reza Danesh-Nari, “Dual Models of Criminal Procedure: Crime Control and Fair Trial, Criminal Law Teachings Journal, Volume 9, Issue 4, 2012, pp: 167-184. (in Persian)
    4. Packer, H. L. “Two Models of The Criminal Process”, University of Pennsylvania Law Review, Volume 113, Issue 1, 1964, pp: 1-68.
    5. Page, S. B. “Theories of Governance: Comparative perspectives on Seattle’s Light Rail Project”, Policy Studies Journal, Volume 47, Issue 4, 2013, pp: 583-607.
    6. Rostami, Hadi, “Circular-Based Criminal Policy”, Parliament and Strategy Quarterly, Volume 28, Issue 108, 2021, pp: 297-321. (in Persian)
    7. Rostami, Hadi, “The Collapse of Fair Criminal Procedure in Confrontation with Political and Social Crises”, Journal of Criminal Law Research, Volume 11, Issue 43, 2023, pp: 67-103. (in Persian)
    8. Saghian, Mohammad Mahdi and Zahra Eslami, “Functions of Strategic Principles of the Criminal Procedure”, Criminal Law Teachings Journal, Volume 18, Issue 22, 2022, pp: 125-154. (in Persian)
    9. Saghian, Mohammad Mahdi, “The Principle of Equality of Arms in Criminal Procedure (with Emphasis on French and Iranian Law)”, The Judiciaries Law Journal, Volume 70, Issues 56 and 57, 2006, pp: 79-110. (in Persian)
    10. Schiavello, A. “On ‘Coherence’ and ‘Law’: An analysis of different models”, Ratio Juris, Volume 14, Issue 2, 2001.

    Thesis

    1. Shafizadeh Dizji, Tohid, “Study of Herbert Packer’s Dual Models of Criminal Justice with Emphasis on the Evaluation of Iran’s Criminal Justice in the Light of Those Models”, Master’s Thesis, Shahid Beheshti University, 2013. (in Persian)

Files

History

  • Receive Date: 28 August 2024
  • Revise Date: 24 January 2025
  • Accept Date: 17 February 2025

Share

How to cite

Statistics