Judicial supervision Arrangements in the Code of Criminal Procedure under Islamic penal code of Iran approved on March 12, 2014

Hassan Amiri, Hassan Ghasemi Moghaddam

Abstract


Judicial supervision is a strategy of freedom and liberty in Iran's legal system as a complement to other arrangements. The purpose of the issuance of judicial supervision is rehabilitation and reforming the criminal and to ensure the rights of the victim. By this assumption, it can be argued that the legislator tries to create an opportunity that the judge could protect the victim's rights by issuing the judicial supervision orders and refuse to the arrest and detention of the accused. This study is accomplished in the library method, and the results are analyzed in descriptive and analytic method. The results indicated that the Code of Criminal Procedure Act of 17.03.2014, Iran has set judicial appointments in the criminal justice system for the first time. The stipulation of Article 250 of this law, the issuance of "the judicial supervision" as well as appointments for issuance of a criminal should be reasonable and justified and comply with the principle of proportionality. According to the Article 247, the complementarity of the judicial supervision order is based, and it should be issued alongside the criminal order, the subject of Article 217. The study examined the different aspects of judicial supervision and judicial monitoring proposals, and to improve the negative points of the judicial supervision orders, some suggestions are offered. 


Keywords


judicial supervision, the defendant, victim, prevention, rehabilitation Introduction

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