نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری دانشگاه تهران, تهران, ایران
2 دانشیار گروه حقوق جزا، دانشکده حقوق، پردیس فرابی، دانشگاه تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
substantiation of administrative crimes, actions against the perpetrators through administration of punishment, assistance controlling the administrative system, as a result earning the trust of people together with the irreparable damages of these crimes necessitate making special regulations for their prosecution. Differential formal features of criminal policy concerning administrative crimes include criminal organization and jurisdiction, hearing procedure, and substantive evidence. However, some of these differential features such as assigning long prescription for issuing a sentence and prosecution, increasing the scope of complaint or incrimination, appointing a Ministry of Intelligence officer as one of the bailiffs, preferring a charge against somebody, referring the case to higher courts, speed and certainty of hearing, the priority of guilty circumstances over the presumption of innocence, the priority of the principle of freedom of obtaining evidence over the principle of privacy protection, and the priority of the principle of freedom of obtaining evidence over the principle of the legitimacy of the way evidence is obtained inhibit the realization of fair trial principles and guarantees such as the presumption of innocence and rights of the accused including the right to have enough time to be prepared for the trial and the right to go on trial at a proper time. Identifying the differential features of the administrative crimes proceedings within the governing regulations and comparing them with the principles of the fair trial, this paper also addressed the items not covered by these principles and the discriminative approach and made several useful suggestions
کلیدواژهها [English]
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