Legislative Situational Prevention from the Torture Crime

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Sheydaian mahdi; Eshaghi Seyyed Jafar; Amirajam Zahra

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Journal: CRIMINAL LAW RESEARCH Year:2019 | Volume:7 | Issue:25 Page(s): 89-123

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Information Journal Paper

Title

Legislative Situational Prevention from the Torture Crime

Author(s)

Sheydaian mahdi | Eshaghi Seyyed Jafar | Amirajam Zahra | Issue Writer Certificate

Keywords

Torture

Legislative Situational Prevention

Paradigm of Deterrence

Justifying Paradigm

Supervision

Abstract

The right to be free from Torture is known as an inalienable right. It has been declared absolutely forbidden in Article 38 of our Constitution. Hence, struggling against Torture is of meritorious legal and cultural status. Among non-suppressive methods, the situational prevention is known as an applicable approach with visible outcomes. Due to these features, this paper, based on accepting the possibility of exercising the situational prevention regarding Torture crime, deals with recognizing effectual situational preventive contrivances in decreasing this crime; contrivances like: contrivance for increasing hardship in committing crimes like immediate access of defendant to judiciary officials, contrivance for omitting justifiers like decreasing the demonstrating value of confession, contrivance for decreasing benefits ensued from crimes like nullifying the information ensued from Torture, contrivance for increasing the risk of committing crime like supporting the presence of lawyers in the early processes of judgment and video surveillance during investigation process. In this text, we have shown that the best place to incorporate these contrivances is the Code of Criminal Procedure, and accordingly, the recent Code of Criminal Procedure is examined from this perspective. Meanwhile, we point out some of the removable shortcomings.

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APA: Copy

Sheydaian, mahdi, Eshaghi, Seyyed Jafar, & Amirajam, Zahra. (2019). Legislative Situational Prevention from the Torture Crime. CRIMINAL LAW RESEARCH, 7(25 ), 89-123. SID. https://sid.ir/paper/266650/en

Vancouver: Copy

Sheydaian mahdi, Eshaghi Seyyed Jafar, Amirajam Zahra. Legislative Situational Prevention from the Torture Crime. CRIMINAL LAW RESEARCH[Internet]. 2019;7(25 ):89-123. Available from: https://sid.ir/paper/266650/en

IEEE: Copy

mahdi Sheydaian, Seyyed Jafar Eshaghi, and Zahra Amirajam, “Legislative Situational Prevention from the Torture Crime,” CRIMINAL LAW RESEARCH, vol. 7, no. 25 , pp. 89–123, 2019, [Online]. Available: https://sid.ir/paper/266650/en

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