Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Mar 2016)

The Effects of the Globalization of Crime in the Sphere of the Procedural Criminal Law of Iran

  • Ahmad Ahmadi,
  • Mohsen Rezaie

DOI
https://doi.org/10.22054/jclr.2016.3956
Journal volume & issue
Vol. 4, no. 14
pp. 115 – 144

Abstract

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Globalization of crime has faced principles and rules of jurisdiction and institutions of the criminal proceedings with challenges. The Iranian criminal law system affected by the globalization of crime has taken actions on a range of substantive criminal law including the expanded criminalization and criminal and non-criminal anticipation, response measures. Moreover, in the sphere of procedural criminal law, it was in the form of some modified principles and the rules of criminal procedure, predicting some of the specialized agencies and the rights of defendants and victims. Such changes led to thr reversal of the presumption of innocence, the exclusion rule over time, the relativity of a public hearing, a change in the evidence system, differential (exceptional) of criminal procedure, specialized institutions dealing, giving excessive authority over the police. Besides the alteration of the aforementioned principles rules, there are a series of more specific rules in connection with the global crimes such as mandating the indictment, the proceedings turn out, certain provisions or the lack of appeal, obligation to publish the names of those convicted, delivery monitoring etc. In the present study, the effects of the modified rules and procedures are discussed

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