• Home
  • Criminal proceedings
    • List of Articles Criminal proceedings

      • Open Access Article

        1 - Theoretical barriers to observing the principle of publicity of trials
        Mahdi Mahdi Allahyari Esmat al-Sadat Tabatabaei Lotfi
        The main purpose of this study is to investigate the theoretical barriers to the implementation of the principle of publicity of trails. The fact is that the place of the principle in criminal proceedings is undeniable, but it has not been realized in an acceptable way. More
        The main purpose of this study is to investigate the theoretical barriers to the implementation of the principle of publicity of trails. The fact is that the place of the principle in criminal proceedings is undeniable, but it has not been realized in an acceptable way. Regardless of the executive barriers, several theories have led to a lack of attention to this principle and limited the scope of its implementation, which has been studied in the present study. The method of study in the present research is descriptive-analytical. Contradicting the publicity of trials with human dignity, respectability of persons, privacy and the principle of innocence, as well as exceptions to the principle of non-contradiction with social security, public order and chastity, and at the same time not defining their scope and examples in law, including Theoretical and legal obstacles to the realization of this principle in criminal proceedings. The result according to the contents of the research is that the principle of publicity of trials is in accordance with the above principles and the mentioned obstacles do not harm the publicity of trials and effective steps must be taken by legislators to achieve this principle in a real and desirable manner. Manuscript profile
      • Open Access Article

        2 - Analysis of the right of a lawyer to appear in the trial stage in Iranian criminal law
        mohamad andalib hosein aqaei janat makan
        Background and Aim: Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a More
        Background and Aim: Advocacy is one of the most important institutions that can play a constructive role in the process of justice, so advocacy is a job that is very important in the order or disorder of the legal and judicial system of any country. . The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and prevent the abuse of citizens' rights. The necessity and importance of the right to defense has led the advanced legal and judicial systems of the world to view it as an important element of a fair and just trial. Therefore, the presence of a defense attorney at the trial stage is one of the most important and basic rights of the accused, and with these characteristics, representation in criminal matters has a special importance and position.Method: The research method in this article is descriptive-analytical. This means that the necessary information has been collected using various sources such as libraries, articles, websites, etc. and has been analyzed using principles, legal and logical rules.Findings and Results: The results of the study indicate that in the Iranian legal system, defendants can use a lawyer during the trial, advice and timely defense, to exercise their rights. The lawyer almost has functions such as influencing the legislative and judicial policy of each country. However, the authors have examined the issue of advocacy in the Iranian criminal proceedings, which is based on a one-tier system of advocacy, namely defense counsel. Manuscript profile
      • Open Access Article

        3 - Manifestations of populist criminal policies in different stages of economic crime proceedings
        Morteza Rezaei Mahmoud Qayyumzadeh Hossein Khosravi Amir Molamohammadali
        The influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies b More
        The influence of criminal populism on the field of economic crime policy has led to the adoption and implementation of strict emotional, day-to-day, and criminal-based policies. However, these programs have not been scientifically evaluated. Adoption of these policies by channels and non-scientific centers has caused, contrary to the initial perception of policy makers, the desired results have not been achieved. In recent years, after the economic crisis and the fall in the value of the rial, profiteers have mainly entered the foreign exchange, coin and car markets by using rents and have disrupted these markets and as a result, the economic situation has become more critical. The importance of the currency and coin market is that any fluctuations and inflation in the currency and coin market cause unbridled inflation in other markets, including the housing market, the car market and the market of basic and non-essential goods. As a result, it can be said that stability in the currency and coin market is directly related to economic stability at a level and to the social, economic and political security of the country at a larger level. It is obvious that controlling the currency and coin market, especially in times of economic crisis (such as what happened after the imposition of sanctions on the Iranian economy), is very important, but it remains to be seen whether Iran's criminal policy approach is effective in this regard. Has been or not. Among the manifestations of populism in dealing with economic crimes can be such things as: adopting immediate and short-term criminal policies and programs and propaganda, focusing on strict criminal responses, emphasizing theatrical aspects. In the trial and execution of the sentence, he pointed to the defamation of the convicts by disclosing their identities, the creation of untimely organizational structures, Manuscript profile