Investigating Arraignment and its Proofs in Penal Trial Procedures by Looking at Ethical Principles
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 10 No. 1 (1399),
28 June 2020
,
Page 279-293
https://doi.org/10.22037/bioeth.v10i1.29365
Abstract
Background and Aim: Being influenced by the global pattern of fair trial and adopting modern approaches, the law on the penal trial procedures, passed in 2013, has distanced away from the inquisitive system in the stage of the preliminary investigations and it has interconnected these stages with the legal ethics drawn on the Islamic teachings with its example being observable in the arraignment based on the ethical teachings in the courts. The present study’s goal is the investigation and elaboration of the position of the lawsuit parties’ awareness and its manifestations in the process of the penal trial with a glance at Iran’s penal trial procedures and in the light of the ethical teachings.
Materials and Methods: The present article will be carried out based on a descriptive-analytical method through the use of library-documentary research.
Findings: the relationship between the ethics and the laws is a sure issue scientifically confirmed by the jurisprudents and jurists. Amongst the topics that can be specifically used for exploring and investigating these two’s relationship is the ethics in the trial process with its most important stage being preliminary investigation and arraignment.
Conclusion: The regulations related to the arraignment right of the lawsuit parties have undergone important changes with reliance on the ethical teachings and the evolutions brought about in the law on the penal trial procedures. the legislator has been seeking to make the preliminary investigations more adversary and provide all the lawsuit parties with equal possibilities hence he has been inclined towards accusatory system. The right of having information about a right is in many of the cases not less important than the right itself.
Please cite this article as: Soroushnejad A, Ramezani A, Atasheneh M. Investigating Arraignment and its Proofs in Penal Trial Procedures by Looking at Ethical Principles. Bioethics Journal, Special Issue on Bioethics and Citizenship Rights 2020; 279-293.
- Arraignment; Ethics; Defendant’s Rights; Code of Criminal Procedure
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References
Montaser Asadi F. The right of the accused to defend himself in the preliminary investigation. Master's thesis. Tehran: University of Tehran; 1980. p.14.
Ashouri M. Criminal Procedure. 9th ed. Tehran: Samt Publications; 2008. Vol.2 p.87.
Shamloo Ahmadi MH. Prosecutor's Office and Preliminary Investigation. 1st ed. Isfahan: Dadiar Publications; 2004. p.336.
Mossadegh M. Criminal Procedure. Tehran: Jangal Publications; 2014. p.234.
Tadayon A. Analysis of Reason in Criminal Procedure. 2nd ed. Tehran: Mizan Publications; 2009. p.180.
Akhoondi M. Applied Criminal Procedure. 2nd ed. Tehran: Mizan Publications; 2005. Vol.5 p.118.
Brown C. Fair Trial, Language and the Right to Interpretation. International Journal on Minority and Group Rights 2006; 13(4): 391-412.
Khaleghi A. Notes on Criminal Procedure. 4th ed. Tehran: Shahr-e Danesh Institute for Legal Research Publications; 2016. p.188.
Ibn Manzoor A. Arabic Language. Beirut: Dar Al-Ahya al-Tarath al-Arabi; 1995. Vol.10 p.86.
Abu Ali Al-Miskawayh M. Tahzib Alakhlagh va Tathir Alaaragh. Qom: Bidar Publications; No Date. p.51.
Veraei A, Bahramipour R, Parakoohi ME. The rights of the accused under review in the Iranian criminal law system. 1st ed. Tehran: Behnami Publications; 2015. p.93.
Habibzadeh MJ, Sadeghi V. Identification and Management of the Accused's Right to Silence. Legal Journal of Justice 2016; 80(95): 68-92.
Del Vecchio G. Philosophy of Law. Translated by Vahedi J. 2nd ed. Tehran: Mizan Publications; 2007. p.23.
Pahlavan MJ. An Introduction to Understanding the Right of the Accused in Iranian Criminal Law and International Documents. Tehran: Ferdowsi Publications; 2017. p.51.
Veraei A, Hariri M. Fair and just trial. 1st ed. Tehran: Ariadad Publications; 2016. p.21.
Mahdavi D, Quoting Ashouri M. Alternatives to imprisonment or intermediate punishments. 11th ed. Tehran: Samt Publishing; 1909. p.135.
Vanaki AR, Hosseini M, Najafi Tavana A. Border of the Code of Criminal Procedure with the latest amendments. 1st ed. Tehran: Khorsandi Publications; 2016. p.68.
Mohtarami M. Officers in the subject laws of Iran. Master Thesis in Criminal Law and Criminology. Arak: Islamic Azad University of Arak; 2010. p.61-63.
Sandyani M. The rights of the accused under review. Master's thesis, criminal law and criminology. Tehran: Majd; 2013. p.62.
Talebi J. Citizenship Rights in Criminal Matters. Tehran: Baharan Press; 2017. p.63.
Moazenzadegan HA. Defendant's Law. Shargh Newspaper; 2006. No.772 p.21.
Pourghahremani B, Rasouli V. The position of the defendant's right to positive evidence in criminal matters in Iranian law with emphasis on Law 92. Detective 2015; 9(33): 13-37.
Rajabi E. Civil Rights Police. Master Thesis in Criminal Law and Criminology. Tehran: Mofid University; 2007. p.54.
Moazenzadegan HA. A Comparative Study of the Duties and Powers of Judicial Officers in the Current Regulations and the Criminal Procedure Bill of the Encyclopedia of Criminal Sciences. 1st ed. Tehran: Mizan; 2012. Book.2 p.182.
Keyhan A. Iranian criminal policy in the field of understanding the charges and the right to remain silent in guaranteeing the rights of the accused in the trial process with emphasis on international documents. M.Sc. Thesis. Bushehr: Azad University; 2015. p.45.
Rahimi M, Rahimi Dehsouri R. Criminal Procedure (Doctrine and Judicial Procedure). 1st ed. Tehran: Javadaneh Publications, Jangal; 2016. p.68.
Padmehr P. Innovations in the new law of criminal procedure. Journal of Legal Studies 2014; 14(31): 37-58.
Zamani Darmzari MR. Achievements and Innovations of the Code of Criminal Procedure. Tehran: Kelk Simin Publications; 2016. p.58
Rahimi M, Dehsouri R. Criminal Procedure. Tehran: Javedaneh Publications; 2018. p.119.
Bagherinejad Z. Principles of Criminal Procedure. 1st ed. Tehran: Khorsandi; 2015. p.94.
Katuzian N. Introduction to Law and Study in the Iranian Legal System. Tehran: Publishing Company; 2007. p.318.
Goldoust Juybari R, Bagherinejad Z. Criminal, Civil and Disciplinary Liability for Violators of the Basic Principles of Criminal Procedure. Quarterly Journal of Criminal Law Research 2014; 11(5): 81-99.
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