Document Type : Original Article
Highlights
Manifestations of Differential Proceeding Administrative Crimes in the Light of Principles of Fair Trial
The subject of the article is the investigation of Manifestations of Differential Proceeding Administrative Crimes in the Light of Principles of Fair Trial in Iran. The administrative offense is a pervasive phenomenon and a fundamental threat for all societies which has destructive and negative effects in economic, political and social areas. This type of offenses has not any clear definition in the law while by investigating its features, effects and general purposes and by following the penal policy as supervising it could be defined. In these crimes need to different solutions rather than other crimes due to features of criminals and the importance of crime which have been committed.
Struggle with these types of crimes due to especial features need especial penal policy as its forms and substantial dimensions.
Due to criminal personality, the importance of the crime perpetrated, and the inefficiency of the criminal procedure in preventing some crimes, it is necessary to take measures different from those of other crimes to prove and expose a crime, mete out the proper punishment, and take effective security and educative measures. The complex nature of exposure and substantiation of administrative crimes, effective actions against the perpetrators through rapid administration of punishment, assistance in rectifying and controlling the administrative system, and, as a result, the establishment of sovereignty and earning the trust of people together with the irreparable economic, social, and political 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 regulations and 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 and enlisting the help of senior judges, 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.
differential manifestation of penal policy in the administrative offenses in substantial dimension (criminalization, criminal responsibility, responses) and in its shape dimension (organization and criminal jurisdiction, procedures and evidences) are considered. penal policy in Iran in related to criminal supporting from administrative system is generally axis- suppression and it depends to the type of cases while some good steps is taken with regard to formal and substantive legislation in this field by legal system but the criminal law in Iran has many deficiencies against administrative offenses.
So despite of approval, modification and revision of some domestic laws, in order to encounter with these types of offenses, some acts are needed due to being consistent with international conventions in the administrative crimes and confirming above policy.
specialization 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.
