Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A Comparative Study on the Fundamental PrinCiples of the Justice Administration in the Exposure Stage of a Crime in Iran's Law and International Documents

Document Type : .

Authors
Zahra Khodadadi 1
Hassan Ali Moazenzadegan 2
Anahita Seifi 3
1 Ph.D student in criminal law, Faculty of Humanities, Ardabil Branch, Islamic Azad University, Ardabil, Iran
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Sciences, Allameh Tabatabai University, Tehran, Iran
3 Assistant Professor, Department of International Law, Allameh Tabatabai University, Department of Women's Studies, Tehran, Iran.
10.22034/ejs.2023.392064.1417
Abstract
Background and Aim: The implementation of justice is considered the main goal in any legal-political system. The administration of justice in various fields, both criminal and non-criminal, has special manifestations, effects and rulings. In the criminal field, the discovery of the crime and the trial process are also very important.
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: Crime discovery is the first and most basic issue in the process of criminal proceedings and achieving criminal justice. In fact, this stage is considered the cornerstone of the next stages and directly creates many diverse works. The stage of crime detection, like other stages of criminal justice, has certain basic principles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The findings of the research are that although Iran's laws have specified many of these principles; However, there are gaps in some principles such as the right to choose a lawyer and the legality of obtaining evidence in the Criminal Procedure Law.
Keywords
Justice
crime detection
fundamental principles
the principle of legality
Subjects
Strategic Studies of Jurisprudence and Law
Volume 4, special issue - Serial Number 5
Studies of economic jurisprudence
Autumn 2022
Pages 723-739