Concepts and Theories of Criminology in Criminal Proceedings with Emphasis on the Principles of Litigation and Ethical Teachings
Akhlāq-i zīstī,
Vol. 11 No. 36 (1400),
17 Mordad 2021
,
Page 1-17
https://doi.org/10.22037/bioeth.v11i36.35313
Abstract
Background and Aim: The study on the concepts and theories of criminology shows that these theories play a decisive role in the trial stage in the light of the principles of criminal procedure. Theories that are presented in this regard adhere to ethical teachings. The inefficiency of the criminal justice system in the field of criminal justice and the lack of effectiveness of current criminal solutions in the discussion of crime provide a suitable ground for presenting critical theories in the criminology field to protest the present status of society and criminal justice institutions with relying on morality. Many innovations in the Code of Criminal Procedure adopted in 1392, following the new solutions of criminal justice, such as restorative justice, victimology, have occurred in the field of rights and comprehensive protection of victims, which is based on ethical principles. Our aim is to analyze criminology theories in the trial stage with regard to the principles of criminal procedure.
Materials and Methods: This research has been done by descriptive-analytical method and using library resources.
Ethical Considerations: None to be declared.
Findings: Although criminology is a scientific discipline and has not been widely accepted by governments due to critical perspectives, but it has penetrated into the penal codes, especially the criminal procedure code, and different goals have been set for it. These targets have been found in different formats, including the elimination of crime and punishment. This is a manifestation of the view of "relative cancellation of criminal law" and its examples, Suspension of prosecution, postponement of prosecution, contractualization of criminal law, selection of prosecution of defendants, observance of human dignity, are the achievements of the impact of criminology on formal criminal law.
Conclusion: Today, although nearly two centuries have passed from the life of criminology, the influence of criminology teachings that are a product of ethical principles, is not covered in the developments of criminal law and criminal policy. The teachings of criminology have been found as an applied criminology branch in the criminal procedure of the countries and in different stages of the procedure, the effect of these doctrines could be found. The formation of personality cases in the criminal process and the acceptance of the principle of individualization of punishments are among the mechanisms that have been used to determine the nature of criminal justice system based on ethics.
Cite this article as: Hashemzadeh SA, Aghaei Janat Makan H, Rajabieh MH. Concepts and Theories of Criminology in Criminal Proceedings with Emphasis on the Principles of Litigation and Ethical Teachings. Majale "Akhlāq-i zīstī" (i.e., Bioethics Journal). 2021; 11(36): e35.
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