Jurisprudence and legal Foundations of criminalization of disrupting in criminal procedure process

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Azizi Alireza; MAHDAVI SABET MOHAMMAD ALI

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Journal Paper

Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2018 | Volume:10 | Issue:18 Page(s): 255-278

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Information Journal Paper

Title

Jurisprudence and legal Foundations of criminalization of disrupting in criminal procedure process

Author(s)

Azizi Alireza | MAHDAVI SABET MOHAMMAD ALI | Issue Writer Certificate

Keywords

disturbing the criminal procedure processQ1

criminalizationQ1

judicial justiceQ2

Abstract

The question that weighed on the criminal protection of legal rules, the philosophy of criminalization of some behaviors and justify the imposition of punishment on the violators of values. Governments have always tried to express in the name of acceptable opinion, to justify their criminalization. Answering about the philosophy of criminalization is also important for the Disturbing crimes in criminal procedure process, that the subject of this article. The investigation revealed that any crime disturb in the process of the criminal procedure benefit differents rules and principles of the criminalization. It can be considered the justification of criminal intervention, "The harm principle" in most cases of these crimes and "The public interest" & "The moralism" principles in the limited extent and in other instances of crimes, The Jurisprudential rule of "prohibition of help on Esm and Odwan". At the same time the rule of "La zarar" can not be used as a basis for the criminalization. The research method used is descriptive-analytic.

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APA: Copy

Azizi, Alireza, & MAHDAVI SABET, MOHAMMAD ALI. (2018). Jurisprudence and legal Foundations of criminalization of disrupting in criminal procedure process. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 10(18 ), 255-278. SID. https://sid.ir/paper/383656/en

Vancouver: Copy

Azizi Alireza, MAHDAVI SABET MOHAMMAD ALI. Jurisprudence and legal Foundations of criminalization of disrupting in criminal procedure process. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2018;10(18 ):255-278. Available from: https://sid.ir/paper/383656/en

IEEE: Copy

Alireza Azizi, and MOHAMMAD ALI MAHDAVI SABET, “Jurisprudence and legal Foundations of criminalization of disrupting in criminal procedure process,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 10, no. 18 , pp. 255–278, 2018, [Online]. Available: https://sid.ir/paper/383656/en

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