Volume 25, Issue 92 (winter 2021)
__Judicial Law Views __2012__, 25(__59__): __224177 |
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sadbzevarinejad H, sadbzevarinejad M. Justifiability of a juridical decision. دیدگاههای حقوقی 2021; 25 (92) :153-177
URL: http://jlviews2.ujsas.ac.ir/article-1-1495-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1495-en.html
1- , hojat.sabzevarinejad@yahoo.com
Abstract: (1091 Views)
Abstract
The fate of criminal proceedings is predestined under the framework of a juridical decision. Without any reason the criminal proceedings can be viewed as authorized and legitimate. Any juridical decision should be documented and well-founded and in other words should be justified. The center of gravity and concentration in the criminal proceedings is the exact juridical decisions and its foundations should be justified and should always follow a reason. Without bringing reason the juridical decision lacks legitimacy and it disrupts the criminal justice. The end and purpose of criminal proceedings should be a decision that has the legitimacy and acceptability which are earned legally and proving the justifiability of it is up to the juridical authority.Justifiability of a juridical decision guarantees the mutual rights in a case,the prevention of the arbitrary of juridical authorities, judicial security and preventing the abolition in judgments. In this study besides declaring the Philosophy-Morality and Sociology- psychology foundations to force Judge to Justifiability of a juridical decision
The fate of criminal proceedings is predestined under the framework of a juridical decision. Without any reason the criminal proceedings can be viewed as authorized and legitimate. Any juridical decision should be documented and well-founded and in other words should be justified. The center of gravity and concentration in the criminal proceedings is the exact juridical decisions and its foundations should be justified and should always follow a reason. Without bringing reason the juridical decision lacks legitimacy and it disrupts the criminal justice. The end and purpose of criminal proceedings should be a decision that has the legitimacy and acceptability which are earned legally and proving the justifiability of it is up to the juridical authority.Justifiability of a juridical decision guarantees the mutual rights in a case,the prevention of the arbitrary of juridical authorities, judicial security and preventing the abolition in judgments. In this study besides declaring the Philosophy-Morality and Sociology- psychology foundations to force Judge to Justifiability of a juridical decision
Type of Study: Applicable Research |
Subject:
Criminal Law
Received: 2018/12/18 | Revised: 2022/12/28 | Accepted: 2019/07/02 | Published: 2021/05/01 | ePublished: 2021/05/01
Received: 2018/12/18 | Revised: 2022/12/28 | Accepted: 2019/07/02 | Published: 2021/05/01 | ePublished: 2021/05/01
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