Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Jul 2019)

Comparative Study of Specialised anti-corruption courts in Iran Underlining the principle of the certainty of the execution of the penalties

  • mojtaba ghahramani,
  • alireza sayebani

DOI
https://doi.org/10.22054/JCLR.2019.39114.1845
Journal volume & issue
Vol. 7, no. 27
pp. 187 – 220

Abstract

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The uncertainty surrounding the ability of the ordinary justice system to fight corruption and the concern for impartial treatment and fear of intrusive influence have forced many countries to establish SpecialisedAnti-CorruptionInstitutions and specialised anti-corruption courts. The general reason for the establishment of specialised anti-corruption courts is to increase the certainty of the execution of the penalties and the special reasons are to increase the efficiency, integrity and experience. In the countries through the world, there is no standardized model for specialized anti-corruption courts, and there are various models in the judicial hierarchy depending on the countries' requirements and their needs for expertise. Some countries have only foreseen a special judge, and some countries have developed special courts of special primacy, while others have established Hybrid courts that in some cases act as court of first instance and in other cases as appellate courts. And ultimately, at the highest level of the response to the expertise, some countries have created a system of comprehensive special courts, which is also the width of the ordinary judicial system. Although the Specialised anti-corruption courts in the Islamic Republic of Iran are specific in their formation, they have many share points to global models.

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