Document Type : Original Article

Author

PhD student in criminal law and criminology, Islamic Azad University, North Tehran branch, Tehran, Iran

Abstract

Background and purpose: Criminal procedure is one of the important laws of the criminal system that guarantees individual rights and freedoms in addition to social rights. This law has undergone less changes and transformations over the years, now that the Iranian legislator has approved the new criminal procedure law. Therefore, it is necessary to examine the attitude of the legislator in the civil society organizations in the criminal process and apply the findings of the collaborative criminal policy in the new law.
Method: descriptive-analytical method will be used in this research. The collection of information used in this research is library and document method, and internet bases, books, magazines, etc. are used. Also, the information used in this research will be collected using the slip and slip writing method.
Findings: After the developments that occurred in the last two centuries regarding the foundations of criminality, criminologists have come to the opinion that in order to formulate efficient and dynamic criminal policies, in addition to the phenomenon of the criminal and the personality of the criminal, other factors of the environment and society should also be considered. and pay attention to the criminal policy beyond the penal policy. Politics has been defined as a solution to the problems of the society, and the term "criminal" has been used to refer to criminal phenomena, which all together means a solution to deal with crime.
Results: Legislative criminal policy, as the first layer of criminal policy in a law-making government, consists of the legislator's deliberation and solution regarding crime and the response to it, which takes different forms according to the dependence of criminal policy on the political system of each country. Legislative criminal policy is the taste of different legislators and their choices in all types of crimes and punishments and in general how to deal with the criminal phenomenon and criminal proceedings

Keywords

Main Subjects

OPEN ACCESS

©2024 The author(s). This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made. The images or other third party material in this article are included in the article’s Creative Commons license, unless indicated otherwise in a credit line to the material. If material is not included in the article’s Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this license, visit: http://creativecommons.org/licenses/by/4.0/

PUBLISHER NOTE

Sami Publishing Company remains neutral concerning jurisdictional claims in published maps and institutional affiliations.

CURRENT PUBLISHER

Sami Publishing Company

  1. Alipour, Tayeb, Mouzenzadegan, Hasan Ali, Koshki, Gholam Hassan. (2020). Prosecution of defendants from criminal proceedings to restorative proceedings, Journal of International Legal Research, Volume 13, Number 49.
  2. Ansel, Mark. (2011). Social Defense, translated by Mohammad Ashuri and Ali Hossein Najafi Abrandabadi, volume 1, Tehran, Tehran University Press, volume 1, print 1.
  3. Ashouri, Mohammad and Haddadi, Abulqasem. (2011). "Fundamental rights of the victim in the criminal proceedings", criminal teachings, No. 3.
  4. Ashouri, Muhammad. (1999). "Looking at the rights of the accused in the constitutional law and the law of procedure of public courts and the revolution in criminal matters". Qom Higher Education Complex Magazine, Volume 1, Issue 3.
  5. Fathi, Javad. (2009). "Applications of the principle of fair trial in the Court of Administrative Justice", master's thesis in public law, Allameh Tabatabayi University.
  6. Ghazi, Musa (2016). "Protection of the victims in the criminal procedure law approved in 1392", master's thesis, Shahrood University.
  7. Haji Dehabadi, Mohammad Ali and Yoush, Mahshid (2016). "Results of a supportive approach towards the victims", Shabak Monthly, Volume 2, Number 2.
  8. Hosseini, Seyyed Mohammad. (2005). Criminal policy in Islam and the Islamic Republic of Iran, first edition, Tehran University Press.
  9. Lagerge, Christian. (1375). Criminal policy, translated by Dr. Ali Hossein Najafi Abrandabadi, Tehran, Yalda Publishing House, 1st edition.
  10. Main Raijian, Mehrdad. (2005). "Protective crime theory in the light of the basic principles of justice", Journal of Legal Research, Volume Four, No. 7 and 6.
  11. Majidi, Seyyed Mahmoud. (2009). "Effects of the emergence of security-oriented criminal law in France", Faculty of Law and Political Science Journal of Tehran University, No. 2.
  12. Mir Mohammad Sadeghi, Hossein. (2015). Special criminal law 2, Tehran, Mizan publications, volume 2, print 2.
  13. Momeni, S. (2022). 'Criminal Liability for Abetting and Prosecuting a Crime', Journal of Law and Political Studies, 2(1), pp. 85-93. doi: 10.22034/jlps.2022.1.6
  14. Momeni, S., Geravandi, F., khosravi, A. (2021). 'Responsibility of effective factors in surgery in Iranian law with a look at the teachings of jurisprudence', Journal of Law and Political Studies, 1(1), pp. 1-14. doi: 10.22034/jlps.2021.1.1
  15. Momeni, S., Mirzabeigi, M. (2022). 'The Place of Mortgage and Security in Intellectual Property Rights in Iran', International Journal of Advanced Studies in Humanities and Social Science, 11(2), pp. 142-148. doi: 10.22034/ijashss.2022.2.8
  16. Mustafa Fazaeli, Hedayatullah Falasfi, Seyyed Jamal Saifi. (2008) "Fair Trial: International Criminal Trials", Shahr Danesh Institute of Legal Studies and Research.
  17. Najafi Abrandabadi, Ali Hossein. (2009). Criminological approach of "Citizenship Rights" law, collection of articles on citizenship rights, Tehran University Press, 1st edition.
  18. Niazpour, Amirhasan. (2011). "A lawyer in the realm of criminal justice: foundations and functions", Legal Research Journal, Volume 2, Issue 1.
  19. Raijian Asli, Mehrdad. (2005). "Protective crime theory in the light of the basic principles of justice", Journal of Legal Research, Volume Four, No. 7 and 6.
  20. Saqian, Mohammad Mahdi. (2014). Strengthening the rights and freedoms of the accused in the preliminary investigation stage of criminal proceedings approved in 1392, Criminal Law Research Quarterly, Volume 2, Number 6.
  21. Yousefi Maragheh, Mehdi. (2005). "Providing services to the victims during the trial and execution of the sentence" Law and Interest Quarterly, Volume 1, Issue 4.