Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Reasons for delaying proceedings in criminal matters; Factors and solutions

Document Type : .

Authors
1 Ph.D. student of criminal law and criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran.
2 Assistant Professor, Department of Law, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
3 Assistant Professor of Law Department, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran.
10.22034/ejs.2023.392620.1424
Abstract
Background and Aim: One of the basic problems and problems in the criminal justice system in Iran and other countries is the issue of delaying the proceedings. It is necessary to clarify the extent of its effect on criminal law by examining the issue of delay in proceedings. The purpose of this article is to investigate the causes of delay in criminal proceedings and provide solutions. The question of the article can be asked in this way: What are the causes of delay in criminal proceedings and what are the solutions to solve it? The upcoming article is descriptive and analytical, and the library method was used to examine the mentioned question.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: The findings indicate that a set of human, structural and legal factors cause the delay of criminal proceedings. The level of knowledge and expertise of judges, the low number of judges and numerous criminal titles, the role of justice officers, administrative staff, the multiplicity and ambiguity in laws and litigants are some of the most important reasons.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: At the same time, adopting the policy of decriminalization and crime prevention reduces the volume of cases and thus reduces the delay of proceedings. In addition, mandatory representation in criminal cases, more use of new technologies, provision of required expert human resources and the use of methods such as arbitration play an important role in reducing the delay of criminal proceedings.
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