Pathology of the Method of Examination of Reasons in Criminal Courts
Subject Areas : Jurisprudence and Criminal Law Doctrines
mahdi pourreza
1
(Doctoral student of penal law and criminology, Ayatollah Amoly Branch, Islamic Azad University, Amoly, Iran)
farhad allahverdi
2
(Assistant Professor, Department of Law, Mazandaran University, Babolsar, Iran)
mohammad nabipour
3
(Assistant Professor, Shomal University. Law Department, Amol, Iran)
Keywords: pathology of judicial reasoning, pathology of judicial policy, pathology of method of examination of reasons,
Abstract :
Receive Date: 2023/04/20 Revise Date: 2023/05/01 Accept Date: 2023/05/07 Article 166 of the Constitution: ‘the verdicts of courts should be documented and substantiated to the legal provisions and principles that according to that judgment is issued. The obligation of a judge to justify his decision is one of the crucial elements in accessing to justice and fairness. On one hand, the reasoned decisions enable higher authorities to effectively oversee the criminal judgments and on the other hand they contribute to increasing a sense of justice among addressees. Author in this article with aim of critical and pathological examination about method of dealing with reasons in criminal courts by means of using analytical descriptive method resulted that in order to achieve a fair trial, it is essential to pay attention to the reasons and issuing documented and reasoned decisions which prevents judicial tyranny and informs the litigants about the reasons for acception or rejection of their claims and evidence. Furthermore, the attainment of a fair trial necessitates the presence of expert and trained judges who can assess evidences based on their knowledge and expertise, leading to the issuance of reasoned decisions based on the legal evidences.
Officers”, Government Law Center of Albany Law School, www.nysalja.org.
Dame Law Review, Vol. 28.
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