Challenges for Prosecution by Looking at UK Law

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Sheidaeian Mahdi; Nosrati Yazdan

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Journal of Judicial Law Views Year:2018 | Volume:23 | Issue:82 Page(s): 165-196

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Information Journal Paper

Title

Challenges for Prosecution by Looking at UK Law

Author(s)

Sheidaeian Mahdi | Nosrati Yazdan | Issue Writer Certificate

Keywords

ProsecutionQ1

Alternative ProsecutionQ1

Attorney generalQ1

Persecution in EnglandQ1

Abstract

Alternatives to Prosecution are the third way and middle method between the Prosecution and unconditional archiving the case. Objects of punishment, in this method, Will be achieved without Prosecution and punishment. Alternatives to Prosecution are based on the cognitive school, criminology and practical considerations and In Islamic teachings, there are many cases applying this method in the process of Prosecution and punishment of offenders. In English law, Alternatives to Prosecution have more appearance, because the Prosecution is based on public interest. Because of studies, in the adoption of the Penal Code of 1392, the Iranian legislator considered the effects of these alternatives. However, these alternatives, as they should, have not been developed. Lack of development in these alternatives is the result of numerous obstacles. Reviewing the U. K. law, understanding these obstacles and providing necessary solutions for them, justifies the necessity and purpose of the present research and could create a promotion in the criminal Prosecution system using these alternatives. These obstacles can be expressed in the theoretical challenges (lack of ideas and replacing alternatives) and practical challenges (lack of practical mechanisms for the implementation of alternatives). Examples of such challenges include: not paying attention to the objects of punishment, Tendency to punishment, Police Restriction, lack of attention to the personality of individuals at the beginning of the Prosecution of crimes and. . .

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APA: Copy

Sheidaeian, Mahdi, & Nosrati, Yazdan. (2018). Challenges for Prosecution by Looking at UK Law. JOURNAL OF JUDICIAL LAW VIEWS, 23(82 ), 165-196. SID. https://sid.ir/paper/217855/en

Vancouver: Copy

Sheidaeian Mahdi, Nosrati Yazdan. Challenges for Prosecution by Looking at UK Law. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2018;23(82 ):165-196. Available from: https://sid.ir/paper/217855/en

IEEE: Copy

Mahdi Sheidaeian, and Yazdan Nosrati, “Challenges for Prosecution by Looking at UK Law,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 23, no. 82 , pp. 165–196, 2018, [Online]. Available: https://sid.ir/paper/217855/en

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