Applied Study of Criminological Concepts Based on the Findings of Citizenship Rights in the Code of Criminal Procedure
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 8 No. 1 (1397),
2 Aban 2018
,
Page 315-330
https://doi.org/10.22037/bioeth.v8i1.32677
Abstract
Background and Aim: Inefficient performance of criminal justice system in dealing with criminal phenomena, inefficiency of common criminological solutions in discussing the etiology of crime and non-respect of citizens’ rights, provided a suitable platform for providing critical views in the field of criminology in protest of the current situation and institutions of criminal justice. The main causes and factors of crime should be sought not in the offender and his environment, but in the unequal and discriminatory structure of society. The unequal structure in society ignores citizens’ rights and leads them to crime. The purpose of this article is to apply the concepts of criminology in the Code of Criminal Procedure based on the teachings of citizenship rights and we try to legislate effective criminological theories to eliminate gaps and shortcomings with the help of criminological findings and to legislate the rights of litigants by using these findings.
Materials and Methods: Our method in this article is descriptive-analytical using library resources.
Findings: The Code of Criminal Procedure through the formulation and approval of existing regulations, including serious attention to the judicial process and avoidance of the criminal process and reform and improve the performance of this system, based on the findings of citizenship rights and through the use of alternative strategies in various mechanisms such as the agreement on restorative justice and greater respect for the citizens’ rights, in addition by providing a special procedure for children and adolescents, as well as the adoption of a special procedure for legal entities distinct from natural persons, reflects the teachings of criminology.
Conclusion: Despite the recognition of new rights for the victim, the Iranian legislature faces with deficiencies such as the lack of explicit identification of legal persons as victims, the disregard for the victim's right to a lawyer during the investigation, not benefiting of adequate medical and psychological care and support, and the lack of enforcement guarantees for violations of citizenship rights.
Please cite this article as: Hashemzadeh SA, Aghaei Jannat Makan H, Rajabiyeh MH. Applied Study of Criminological Concepts Based on the Findings of Citizenship Rights in the Code of Criminal Procedure. Bioethics Journal, Special Issue on Citizenship Rights, Autumn 2018; 315-330.
- Criminology; Citizenship Rights; Human Rights; Criminal Procedure; Criminal Justice
How to Cite
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