The Structure of the Execution of Iranian Criminal Sentences in the Light of the Principle of Judicial Independence

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Moazenzadegan Hasan Ali; Jahani Behzad

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Journal Paper

Paper Information

Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2022 | Volume:9 | Issue:18 Page(s): 31-55

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Title

The Structure of the Execution of Iranian Criminal Sentences in the Light of the Principle of Judicial Independence

Author(s)

Moazenzadegan Hasan Ali | Jahani Behzad | Issue Writer Certificate

Keywords

Enforcement of Criminal Judgments

Judicial Independence

Structure

Judge of Enforcement of Judgments

Prosecutor’

s Office

Abstract

The execution of criminal sentences is the result of the criminal investigation process and the result of all the previous efforts of law enforcement. The criminal justice system at this stage has institutions and actors that are responsible for enforcing various criminal judgments. An examination of the different legal systems shows that there are two general patterns in the structure of enforcement. In many countries, the enforcement of judgments is entrusted to the judiciary, which itself can be a subset of the executive or the judiciary. Execution of sentences. However, the structure and manner of execution of judgments is based on a series of rules and regulations that are derived from the principles of fair trial. These principles, which are the result of years of human efforts to humanize criminal law, are accepted in international documents and guide lawmakers in establishing appropriate organizations and how to implement criminal judgments. One of the most important principles of fair trial related to enforcement, which has not been discussed so far, is the principle of judicial independence in the execution of criminal sentences, which has two aspects of structural and personal independence,That is, both the institution and the executive judge must be independent. But this principle faces serious challenges in Iran,Because now, on the one hand, the Deputy for Execution of Criminal Judgments is a subset of the Prosecutor’, s Office, and the Executing Judge is basically under the supervision of the Prosecutor, both of whom lack full independence in executing sentences, and on the other hand, the Execution Judge has the power to change the sentence. The use of correctional institutions such as parole and suspension of punishment is not contrary to the principle of judicial independence and individualization of punishments. However, in other legal systems, serious steps in the field of structural and personal judicial independence in the execution of sentences The penalty has been liftedit.

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APA: Copy

Moazenzadegan, Hasan Ali, & Jahani, Behzad. (2022). The Structure of the Execution of Iranian Criminal Sentences in the Light of the Principle of Judicial Independence. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 9(18 ), 31-55. SID. https://sid.ir/paper/1061551/en

Vancouver: Copy

Moazenzadegan Hasan Ali, Jahani Behzad. The Structure of the Execution of Iranian Criminal Sentences in the Light of the Principle of Judicial Independence. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2022;9(18 ):31-55. Available from: https://sid.ir/paper/1061551/en

IEEE: Copy

Hasan Ali Moazenzadegan, and Behzad Jahani, “The Structure of the Execution of Iranian Criminal Sentences in the Light of the Principle of Judicial Independence,” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 9, no. 18 , pp. 31–55, 2022, [Online]. Available: https://sid.ir/paper/1061551/en

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