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The Role of the Prosecution in Judging the Criminal System from a Moral and Legal Perspective
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AH Azarmanesh,   , T Bizhani Mirza |
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Abstract: (1736 Views) |
Background: Judgment of a criminal policy Resolving criminal cases in various ways and manifestations, outside the scope of official repressive measures, is a strategy of contracting criminal law derived from civil law, and its main root is in ethics and morality. In society, and given that the prosecution of a criminal case is not the main purpose of criminal law; Rather, prosecution is seen as a means of ascertaining the lost truth of criminal law; Prosecution of criminal cases can be subject to material and corruption; As the Shari'a rulings have these effects, one of the most important principles of criminal rulings is the principle of necessity of persecution or expediency or morality, which is superior in case of conflict with other evidences and rules.
Conclusion: At present, according to the ethical teachings of criminology (principle of personalization of prosecution) or de-prosecution by the prosecutor according to the personality of the accused and the circumstances in which the crime took place, as well as considering the ethics of the prosecuting authority with policy Criminal law provides grounds for acquittal and prosecution alternatives that correct the offender and compensate the victim. Explaining the realm of redress, the study highlights the role of those strengths and weaknesses of the issue. |
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| Keywords: Prosecutor, Judiciary, Penal System, Ethics |
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Full-Text [PDF 339 kb]
(533 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2021/02/23 | Accepted: 2022/04/24 | Published: 2022/06/16
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