Victims' rights from the perspective of jurisprudence and criminal procedure approved in 1392 and the Statute of the International Criminal Court

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Ghasem  karbasfrosh ¹ (Assistant professor, Department of law, Faculty of humanities, Ahar Branch, Islamic Azad university, Ahar, Iran. (Corresponding Author): [e-mail])
Habib  Asady ² (Assistant professor, Department of law, Faculty of humanities, Ahar Branch, Islamic Azad university, Ahar, Iran. [e-mail])

Received: 2021-12-12 Accepted : 2022-01-04 Published : 2021-11-22

Keywords: Ethics, International Criminal Court, Victims, Victims Rights, Criminal Procedure Code,

Abstract :

With the emergence of victim protection and the emergence of supportive victimology in the twentieth century, the forgotten position of the victim in the criminal process was restored and its findings expressed in the form of universal standards for victim protection. Victim support is an indispensable and indisputable factor in criminal proceedings. This support has various manifestations that governments usually try to provide at least. The Iranian legislator also in the Criminal Procedure Code of 2013, defining the word "victim" and addressing rights such as the right to be recognized and to be given the right to be victimized have the right to be informed, have immediate and easy access to the criminal justice system; , The right to confidentiality of investigations, compensation of victims, the right to legal aid and assistance and special representation to the victims, the equality of rights of the accused with the equality of arms, the right to medical and psychological protection, the rights of the victim at the stage. Appeal, in line with ethics, has shifted its course toward the moral rights system. There is much to think and research about since this orbital ethic in the Iranian penal system has not had such a long history.Comparative studies in this article show that the above rights are in line with the rights found in the Statute and Rules of Procedure of the International Criminal Court; therefore, the Code of Criminal Procedure adopted in 2013, despite its theoretical objections and possible drawbacks He has tried to have a uniform and ethical view of the rights of the accused and the victim in relation to the previous rules of our country. To this end, it has made assurances that this realization will be possible in the real world. On the one hand, by providing ...