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Information Journal Paper

Title

The principle of innocence has the right not to be punished

Pages

  95-118

Abstract

 Field and Aims: One of the main problems of the penal system in Iranian law is the lack of attention to the principle of innocence in teaching-which in Iranian jurisprudence guarantees the rights of individuals to illegal punishments and trials. Therefore, in this study, according to Article 37 of the Constitution and other principles of the Constitution, which has left the principle on the innocence of individuals, the author seeks to answer the questions that arise in this case by examining the provisions of legal documents on the subject. Including that,What effect does the principle of innocence have on the punishment and the type of punishment of individuals? And whether the above-mentioned principle is observed in Iranian law and the courts or not? Methodology: The present study, according to the judicial system in Iranian law according to the descriptive and analytical method and following the works of domestic law thinkers on the subject and using the method of library collection and Internet data is used to not infringe on the rights of individuals in court proceedings. Findings: In this study, while analyzing the position of the principle of innocence in the science of the principles of jurisprudence, the principle of innocence in legal laws has been explored as a right not to be punished. And it has a punitive nature because in teaching it is the principle of innocence of individuals so that no person is punished for no reason and in the shadow of the principle of innocence, the human dignity that God has entrusted to all human beings equally is preserved. Conclusion: The principle of innocence, which is the right not to be punished and has a direct impact on the stability of society and the preservation of human dignity and human dignity, is not properly observed in the trial and its place in the Iranian penal system has been neglected.

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  • Cite

    APA: Copy

    Ehsanizadeh, Atefeh, Pirahmadian, Amir, & Yathrebi, Seyed Massoud. (2021). The principle of innocence has the right not to be punished. POLICE CRIMINOLOGICAL RESEARCHES, 1(1 ), 95-118. SID. https://sid.ir/paper/996216/en

    Vancouver: Copy

    Ehsanizadeh Atefeh, Pirahmadian Amir, Yathrebi Seyed Massoud. The principle of innocence has the right not to be punished. POLICE CRIMINOLOGICAL RESEARCHES[Internet]. 2021;1(1 ):95-118. Available from: https://sid.ir/paper/996216/en

    IEEE: Copy

    Atefeh Ehsanizadeh, Amir Pirahmadian, and Seyed Massoud Yathrebi, “The principle of innocence has the right not to be punished,” POLICE CRIMINOLOGICAL RESEARCHES, vol. 1, no. 1 , pp. 95–118, 2021, [Online]. Available: https://sid.ir/paper/996216/en

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