The Ethical and Legal Foundations of the Possibility of Third-Party Appeals in Criminal Cases
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 14 No. 39 (1403),
28 June 2024
,
Page 1-15
https://doi.org/10.22037/bioeth.v14i39.46488
Abstract
Background and Aim: The third-party appeal in criminal cases has consistently been a subject of debate and dispute among judicial authorities from various perspectives. The lack of a general rule and ambiguity in the current provisions of criminal laws are among the root causes of these judicial disagreements. Recently, the Supreme Court’s General Board provided a partial resolution to these issues through Directive No. 818, addressing and clarifying certain aspects of these disputes. However, challenges and differing views persist regarding the function and scope of the said directive, given the varied contexts of third-party appeals in criminal cases. In Iran’s legal system, the right to third-party appeals in criminal matters has not yet been fully recognized as a general rule, as it is in civil matters. Based on this premise, the present study aims to clarify the necessity of recognizing and applying this right within the judicial system by examining its ethical and legal foundations.
Methods: This research was conducted using a descriptive-analytical method, relying on library resources for data collection.
Ethical Considerations: Ethical principles, particularly honesty, authenticity, and trustworthiness in referencing sources, have been observed in this research.
Results: Third-party appeals in criminal cases hold a special place in the legal system as a legal tool for protecting the rights of third parties and upholding the principle of the relativity of judicial rulings. From an ethical perspective, this right is supported by the principles of beneficence, non-maleficence, and the establishment of social justice, particularly to prevent unjust harm.
Conclusion: Although the rules of civil procedure, certain criminal laws, and the unifying directive establish conditions for exercising the right to third-party appeals within the realm of criminal law, there is still a need for legal reform aimed at recognizing the right to third-party appeals in criminal cases based on ethical and legal principles.
- Third-Party Appeal
- Criminal Cases
- Ethical Foundations
- Third-Party Rights
- Principle of Non-Maleficence
How to Cite
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