Paper Information

Journal:   JOURNAL OF LAW AND POLITICS   winter 2018 , Volume 13 , Number 34 #b00494; Page(s) 153 To 184.
 
Paper: 

Opportunity Principle in Prosecution for child and Youth Offending in The law of Iran and England

 
 
Author(s):  Norouzi Behroz*, MEHRA NASRIN, SAFFARY ALI, Mahdavisabet Mohammad Ali
 
* criminal law and criminology group, faculty of law, theology and politics, science and research azad university, Tehran, iran
 
Abstract: 
The prosecution of crimes is the most important task of the Public Prosecutor's Office so that after the formation and completion of the preliminary investigation file, the court of trial will be provided with a court order. This assignment is referred to as the legal principle of pursuit. Along with this principle, other considerations may require the prosecutor's office to refrain from pursuing prosecution and prosecution of the accused should be useful. Hence, another principle, called the principle of adequacy, is formed, which complements the first principle. This principle means that a prosecutor can stop prosecution of a criminal case. In other words, if the prosecutor believes that prosecution is not in the interests of justice, he will refrain from prosecution. This principle is also referred to as Judiciary. The principle of the suitability of prosecution with the concept of judiciary is one of the principles accepted in the law of Iran and the United Kingdom, and since the criminal justice system deals with delicacy and special sensitivity to the crimes of children and adolescents, and the main objective is to prevent juvenile offenders, Their entry into the cycle of criminal justice, so the judiciary will be more evident in these offenders. The present paper seeks to answer two questions: 1-What are the basic features of the Opportunity Principle in Prosecution of crimes against children and juvenile delinquents in Iranian and England law? 2-What is the difference AND Commons between the two legal systems in Iran and the England regarding the rule of the prosecution of children and adolescents? In this study, the judiciary views in the two legal systems are discussed.
 
Keyword(s): Judiciary,Child and Youth,Opportunity in Prosecution,law of Iran,law of England
 
References: 
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