The executive criterion of the rule of invalidity of reason in the light of the criminal policy of Iran and the United States

Document Type : Original Article

Authors

1 PhD Student in Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran.

2 Assistant Professor of Law, Shiraz Branch, Islamic Azad University, Shiraz, Iran.

3 Assistant Professor, Department of Criminal Law and Criminology, Shiraz Branch, Islamic Azad University, Shiraz, Iran

Abstract

The rule of invalidity is one of the rules that is formed in line with the protection of the rights of the accused and creates a balance between public power and the rights of the accused in a way that seeks a basic balance to improve the performance of public forces and create social will. This rule is accepted in different legal systems based on specific criteria and its implementation criteria in the Iranian legal system is ambiguous. The executive basis of the rule is based on both subjective and objective thinking. In the first approach, individual and collective interests determine its implementation. But in the second approach, external events, which are the manifestation of fundamental principles and regulations, improve criminal proceedings. The basic principle in criminal proceedings, which is based on developments in human rights and the world, should be considered as a new criterion that will change the laws towards human rights laws. The result is the confirmation of the rise of the two legal systems towards objective thinking and attention to the basic and fundamental criteria as the basis for identifying the rule of invalidity, reason and attention and emphasis on improving the performance of the judiciary based on new developments in human rights.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 855-865

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