The New Criminal Procedure Law Approach to Witness and Informed Rights in the Preliminary Research Phase and its Compliance with International and Regional Documents

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Akhtari Abbas; MOAZENZADEGAN HASSAN ALI

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Paper Information

Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2019 | Volume:6 | Issue:12 Page(s): 99-123

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Title

The New Criminal Procedure Law Approach to Witness and Informed Rights in the Preliminary Research Phase and its Compliance with International and Regional Documents

Author(s)

Akhtari Abbas | MOAZENZADEGAN HASSAN ALI | Issue Writer Certificate

Keywords

Witness’s Rights

Informed Rights

Initial Investigations

Criminal Procedure Code

International and Regional Documents

Abstract

The testimony as a proof of crime, after confession, has a special place in Iran's criminal justice system and unlike some of the evidence, such as confession, education requires citizens to participate. In this process, the fulfillment of the functionalist role for intuition and knowledge requires the use of certain supportive methods that are rooted in the protection of individual and social rights and, to a significant extent, have the foundations of human rights. Therefore, in order to understand the basis of these measures, it is desirable to draw up its provisions based on the protection of human rights and human dignity and the promotion of justice. The Iranian version of Iran's Code of Conduct also replaced the passive approach in the new version in comparison with the previous laws and determined the definition and allocation of the special rights of witnesses and informers. The comparison of domestic law with International and Regional Documents also reflects the relative alignment of the current domestic lawmaker's approach to human rights standards. However, in some areas such as women's testimony, we have faced challenges. However, the results of our studies have shown that the Criminal Procedure Code provides more legitimate regulation than the role of witnesses and informants in comparison to former laws.

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APA: Copy

Akhtari, Abbas, & MOAZENZADEGAN, HASSAN ALI. (2019). The New Criminal Procedure Law Approach to Witness and Informed Rights in the Preliminary Research Phase and its Compliance with International and Regional Documents. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 6(12 ), 99-123. SID. https://sid.ir/paper/269753/en

Vancouver: Copy

Akhtari Abbas, MOAZENZADEGAN HASSAN ALI. The New Criminal Procedure Law Approach to Witness and Informed Rights in the Preliminary Research Phase and its Compliance with International and Regional Documents. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2019;6(12 ):99-123. Available from: https://sid.ir/paper/269753/en

IEEE: Copy

Abbas Akhtari, and HASSAN ALI MOAZENZADEGAN, “The New Criminal Procedure Law Approach to Witness and Informed Rights in the Preliminary Research Phase and its Compliance with International and Regional Documents,” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 6, no. 12 , pp. 99–123, 2019, [Online]. Available: https://sid.ir/paper/269753/en

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