The validity of the judgment of the authorities of investigation and investigation in criminal matters

Document Type : Original Article

Authors

1 Associate Professor, Department of Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.

2 Doctoral student of criminal law and criminology, Shahid Beheshti University, Tehran, Iran(Author)

Abstract

The validity of the adjudicated matter, which originates from the old principles of proceedings in progressive judicial systems, shows the attention to effects in the process of proceedings and the issuing of judgments and the execution of punishments; Among them, we can point out the prohibition of double punishment, the certainty and certainty of the judgments and punishments of the subject of the judgment, as well as the end of the proceedings at a specific point; Paying attention to this principle can be a basis for judicial justice, protecting the rights of the accused and the plaintiff; In the Criminal Procedure Code of Iran, there is no basis for identifying the elements of this principle and applying it to practical cases affecting the courts, and from long ago until today, the courts have relied on the explained principles of the Civil Procedure Code to resolve matters. . The present research is done in a descriptive and analytical way.
Due to the lack of specific provisions regarding the validity of the adjudicated matter, there is no single basis for identifying which cases with which rulings and parties to the lawsuit are subject to the validity of the adjudicated matter or not. In Iran's criminal justice system, adhering to the three criteria of the civil procedure law in identifying the validity of the adjudicated matter is not a solution, and on the other hand, making the substantive investigation of important crimes one-step, causes the ruling beyond the validity of the adjudicated validity in such titles. has become criminal and this hinders the parties to the lawsuit from achieving judicial justice, which has caused the lack of judicial justice.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 1937-1952

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