Analysis of the expediency of criminal prosecution with public order and social security

Document Type : Research Article

Authors

1 PhD student in Criminal Law and Criminology, Islamic Azad University of Qom, Qom, Iran

2 Assistant Professor, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran

3 Associate Professor, Faculty of Law, Farabi Campus, University of Tehran, Tehran, Iran

4 Assistant Professor, Faculty of Law, Islamic Azad University, Qom Branch, Qom, Iran

Abstract

Introduction: According to the principle of the necessity of criminal prosecution, upon the occurrence of a crime, the prosecutor, as the prosecuting authority, is obliged to prosecute the accused; but over time, society and public opinion have reduced their sensitivity to certain crimes and are reluctant to be prosecuted by the prosecutor. This can be due to the nature of some crimes, which, in principle, do not disturb the social order and security, or in the event of damage, the negative consequences of prosecuting crimes from the community point of view are far greater than prosecuting them. This situation compels the prosecutor to abandon the prosecution in the light of the principle of appropriateness or appropriateness of the criminal prosecution and to use the alternatives of the prosecution, such as the suspension of the prosecution, the filing of the case and criminal mediation; Because criminal law is a tool to achieve the goals of social policy, and consequently, social acceptability is the legitimacy of prosecution. In this case, the pursuit is expedient. In this article, we seek to examine how the prosecutor achieves public order and social security with expediency.
Method: The present research is a research article and the result of the author's studies and researches in the form of library documents. And after reviewing the contents related to the title of the article and the necessary filings, it has been compiled and arranged.
Findings: The findings of the study indicate that in the light of the expediency of the prosecutor and by observing the conditions, both the interests of individuals and the interests of society are provided. By preparing public opinion as well as regulating the pursuit of expediency, one can hope for the effective establishment of public order and social security. The objectives of the investigation are to examine the expediency of the prosecuting authority in relation to the establishment of public order and social security at the community level and to answer these questions. What is the relationship between the prosecutor's expediency in dealing with crimes in maintaining public order and social security? And finally, what is the authority of the prosecutor in assessing the expediency of criminal prosecution in relation to the establishment of public order and social security?
Conclusion: The main message of this research is how the prosecutor achieves public order and social security with expediency. The prosecuting authority does not make the prosecution commensurate with the mere consideration of an interest or benefit. Rather, in order to convince himself and justify the judicial action, by evaluating the values ​​emphasized by the society, in some cases, it is possible to consider several benefits or interests of the victim / offender and the interests of the society separately or together; Then refrain from pursuing the accused; And may use other measures as an alternative to prosecution.

Keywords

References

  • Adami, N. (2014), Criminological Investigation of the Principle of Prosecution, Master’s Thesis in Criminal Law and Criminology, Supervisor: Sheidaeian, M, Farabi Campus, University of Tehran. (In Persian)
  • Alidoost, Y. (2002), “The Judiciary in America”, Journal of Judiciary, No. 9: 41-42. (In Persian)
  • Amid Zanjani, A. A., and Musazadeh, E. (2009), Essentials of Political Jurisprudence, Tehran: Majd Publications. (In Persian)
  • Ashouri, M. (1997), Criminal Justice (Collection of Articles), Tehran: Ganj-e-Danesh Publications. (In Persian)
  • Ashouri, M. (2003), Alternatives to Prison, Intermediate Punishments, Tehran: Tendency Publishing. (In Persian)
  • Ashworth, A. (1999), Principle of Criminal Law, London: Oxford University.
  • Bagherinejad, Z. (2015), Principles of Criminal Procedure, Tehran: Khorsandi Publishing. (In Persian)
  • Barry, B. (1977),“The Public Interest”, in BYA. (Ed.), Political Philosophy, London: Quinton.
  • Bayat Komitaki, M. (2006), Evaluation of the Concept of Public Interest in the Constitution of the Constitution and the Islamic Republic of Iran, Master’s Thesis in Criminal Law and Criminology,Supervisor: Rasekh Rasekh, M, Tehran, Shahid Beheshti University. (In Persian)
  • Bushehri, J. (2008), Criminal Law (Principles and Issues), Tehran: Anteshar Co. (In Persian)
  • Buzan, B. (1999) People, Governments, Fear, Translated by Mojtaba Attarzadeh, Tehran: the Institute for Leadership Studies. (In Persian)
  • Clarkson, C. M. V, (1987), Understanding Criminal Law, London: Fontana press.
  • Cohen, M. A. (2005), The Costs of Crime and Justice, New York: Routledge.
  • Dehdarzadeh, F. (2013), Legal Cases of Prosecution in Iran and the United Kingdom, Tehran: Behnami Publications. (In Persian)
  • Emami, M., and Sadeghi, M. H. (1998), “Expediency in Criminal Proceedings”, Legal Journal of Justice, No. 23: 57-96. (In Persian)
  • Farajiha Ghazvini, M. (2002), Police Protection to Victims of Crime, Delhi: Deep and Deep Publication.
  • Fletcher, G. P (1998), Basic Concepts of Criminal Law, London: Oxford University.
  • Jafari Dolatabadi, A. (2010), The Position of Security in Iran's Criminal Policy, PhD Dissertation in Criminal Law and Criminology, Supervisor: Mohammad Jafar Habibzadeh, Tehran, Tarbiat Modares University. (In Persian)
  • Jafari Langroudi, M. J. (1993), Legal Terminology, Tehran: Ganj-e-Danesh Publications. (In Persian)
  • Jafari Langroudi, M. J. (2008) Extensive in Legal Terminology, Volume 5, Tehran: Ganj-e-Danesh Publications. (In Persian)
  • Jafari, M. (2012), The Approach of the Movement for Critical Studies of Law to Criminal Law, Master’s Thesis in Criminal Law and Criminology, Supervisor:Baqir Shamloo, Tehran, Shahid Beheshti University. (In Persian)
  • Katozian, N. (2001), Philosophy of Law, Tehran: Publishing Company. (In Persian)
  • Khazani, M. (1998), The System of Legality and the System of Location or Appropriateness of Criminal Prosecution, Tehran: Ganj-e-Danesh Publications. (In Persian)
  • King, P. (2000), Crime, Justice, and Discretion in England, London: Oxford University.
  • Lahouni, M. (2015), How to File a Personality File in the Iranian Criminal Justice System, Tehran: Javadaneh Publications. (In Persian)
  • Miri, Seyed Reza (2011), Criminal Prosecution, Tehran: Majd Publications. (In Persian)
  • Moeini Alamdari, J. (1999), “The Relationship between Public Interest and Individual Freedom”, Journal of the Faculty of Law and Political Science, No. 44: 151-173. (In Persian)
  • Munice, J. (1999), Youth and Crime: A Critical introduction, London.SAGE.
  • Najafi Aberandabadi, A. H. (1994), Lectures in Criminology, Doctoral Course (Restorative Justice), Tehran: Faculty of Law, Shahid Beheshti University. (In Persian)
  • Najafi Tavana, A. (2009), “The Necessity of Filing a Personality File in the Trial of Juvenile Delinquents”, Family Research Quarterly, No. 1/18: 293-319. (In Persian)
  • Niazpour, A. H. (2013), Agreement on Criminal Procedure, Tehran: Mizan Publishing. (In Persian)
  • Novin, P. (2008), “The Concept of Public Order in Law”, Journal of Constitutional Law, No. 10: 170-190. (In Persian)
  • Nowruz, N., and Javanmard, B. (2009), “Investigation of Minor Crimes in Iranian Criminal Law”, Journal of Justice, No. 67: 67-144. (In Persian)
  • puchi, J. F. (2005), Bertquin Sociological Introduction to the Modern State, Translated by Behzad Bashi, Tehran: Agah Publishing. (In Persian)
  • Ragheb Isfahani, H. (1412 AH), Dictionary of Quranic Words,Beirut, Lebanon: Arabic Precedence. (In Persian)
  • Rasekh, M. (2015), Right and Expediency, Tehran: Novin Publishing. (In Persian)
  • Rezaghilizadeh, E., and Mirzajani, H. R. (2017), “Individualizing the Criminal Response of the Pre-Trial Stage (Prosecution) in Iranian Criminal Law with a Look at the Relevant Legal Norms in French Law”, Studies in Political Science, Law and Jurisprudence, No. 1/4: 107-117. (In Persian)
  • Sadeghi, M. H. (2005), “The Conflict of Expediency and the Rights of Victims in Islamic Criminal Law”, Modares Journal of Humanities, No. 4: 119-143. (In Persian)
  • Salehi Amiri, S. R., and Afshar Naderi,  (2013), Social Security,Tehran:Strategic Center. (In Persian)
  • Shamloo, B., and Abdollahi, A. (2015), “Management Achievements of Criminology in Criminal Procedure”, Journal of Criminal Law, No. 2: 128-99. (In Persian)
  • Sheidaeian, M. (2009), Analysis of the Principle of Criminal Prosecution and Its Place in Iranian and Islamic Criminal Law, PhD Dissertation in Criminal Law and Criminology, Supervisor:Iraj Golduzian, University of Tehran, Qom Campus. (In Persian)
  • Sheidaeian, M., and Nosrati, Y. (2018), “Identification and Challenges of Prosecution with a Look at British Law”, Quarterly Journal of Judicial Legal Perspectives, No. 82: 165-196. (In Persian)
  • Shokrchizadeh, M. (2015), English Criminal Procedure Code (Prosecution Rule), Tehran: Majd Publications. (In Persian)
  • Shokrchizadeh, Mohsen (2012), The Rule of Prosecution in Iranian and British Criminal Policy, PhD Dissertation in Jurisprudence and Criminal Law, Supervisor:Hossein Mir Mohammad Sadeghi, Shahid Motahari University. (In Persian)
  • Slapper, G., and Kelly, D. (2001), The English Legal System, London: Routledge -Cavendish.
  • Sprack, J. (2002), Emmins on Criminal Procedure, London: Oxford University.
  • Taghizadeh, I. (2015), The Principle of Appropriateness of Prosecution in Iranian Criminal Law, Master’s in Criminal Law and Criminology, Supervisor: Mohammad Baqir Ameri Nia, Bandar Abbas, Azad University, Bandar Abbas Branch. (In Persian)
  • Wihte, R. (1999), English Legal System in Action, London: Oxford University.

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