A comparative study of victims' rights In the investigation and prosecution stages in The act of Criminal Procedure 1392 and the international criminal court

Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī

关键词: victim;    victim’s rights;    Criminal Procedure;    International Criminal Court;    investigation and prosecution;   

DOI  :  10.22054/JCLR.2017.7964.1135

来源: DOAJ

【 摘 要 】

In the realm of rights and supports for victims, many innovations in the new act of Criminal Procedure, following the new approach to criminal justice such as restorative justice, and supportive victimology have been permitted. We have already observed this approach in the Statute and the procedure of the International Criminal Court, which is the result of the interaction of legal representation in most countries, especially the two great systems, i.e. common law and Roman and Germanic. A comparative study shows that Iranian legislator, despite detecting new rights for the victim, is still encountering shortcomings such as the lack of explicit identification of legal entities as the victim, ignoring the right to have a lawyer for the victim in the investigation stage, not enjoying the appropriate medical and psychological care and support, not consideration the closed and the wrapping notifications in order to keeping hidden and secret identities of victims and lack of necessary sanctions for the violation of the rights provided for them. Yet, the biggest challenge for the Court is incoherence and not formulating the active participation of victims in the prosecution and investigation stages and their lack of proper legal guidance.

【 授权许可】

Unknown