Volume 25, Issue 89 (spring 2020)
__Judicial Law Views __2012__, 25(__59__): __22481 |
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Bayat M, moazenzadegan H. Violation of the defendant's defense rights in the lack of a substantive appeal of the verdict criminal court's. دیدگاههای حقوقی 2020; 25 (89) :63-81
URL: http://jlviews2.ujsas.ac.ir/article-1-1147-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1147-en.html
1- , bayat.mohsen@yahoo.com
Abstract: (1864 Views)
The presumption of innocence as one of the fundamental principles and strategic Criminal Procedure requires to including the accused defense rights were ongoing before the final votes. This entails recognizing two degrees proceedings. A subject which were not respected to modify the Code of Criminal Procedure Act of 1392 on Criminal attached court order votes And The ability to substantive appeal for these votes is not anticipated.
The trial of the criminal court with the system of plurality of judges and the consideration of the appeal to the supreme court for the defendants of this court, in no way justifies the exclusion of the substantive appeal and Does not guarantee the defendant's defense rights
According to the Iranian legislator modeling in the current Criminal Procedure Legislation of France Criminal Procedure Code, comparative study of the Criminal Procedure Code France In Compliance with the principle of two degrees of votes Criminal Court that corresponding to the Criminal Court One Iran shows the legislative penal France in terms recognize the structures of substantive appeale votes and rights to defense, unlike the Iranian criminal law, to properly secure his defense rights.
The trial of the criminal court with the system of plurality of judges and the consideration of the appeal to the supreme court for the defendants of this court, in no way justifies the exclusion of the substantive appeal and Does not guarantee the defendant's defense rights
According to the Iranian legislator modeling in the current Criminal Procedure Legislation of France Criminal Procedure Code, comparative study of the Criminal Procedure Code France In Compliance with the principle of two degrees of votes Criminal Court that corresponding to the Criminal Court One Iran shows the legislative penal France in terms recognize the structures of substantive appeale votes and rights to defense, unlike the Iranian criminal law, to properly secure his defense rights.
Keywords: The presumption of innocence, the rights of accused defense, to appeal, appeal to the supreme court, the Court of Criminal One
Type of Study: Applicable Research |
Subject:
Criminal Law
Received: 2017/12/16 | Revised: 2022/12/28 | Accepted: 2020/10/10 | Published: 2020/06/04 | ePublished: 2020/06/04
Received: 2017/12/16 | Revised: 2022/12/28 | Accepted: 2020/10/10 | Published: 2020/06/04 | ePublished: 2020/06/04
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