The Journal of Modern Research on Administrative Law

The Journal of Modern Research on Administrative Law

The effect of votes and criminal and administrative decisions on each other in Iran's legal system

Document Type : Original Article

Authors
1 Assistant Professor, Faculty of Law, University of Tehran, Tehran, Iran.
2 Madras University Faculty of Law
10.22034/mral.2023.1983183.1418
Abstract
The ratio of crime and violation in Iran's legal system is defined in such a way that some actions are considered as examples of both crimes and violations. Based on the differential pattern of police and criminal proceedings in this legal system, assuming that an act is both a crime and a violation, the police authorities are responsible for dealing with the criminal aspect of the committed act and the criminal courts are responsible for dealing with the criminal aspect of that act. In such an assumption, the influence of criminal and police proceedings on each other is considered as one of the issues of Iran's legal system. The investigation carried out in this article showed that in the current laws and regulations, different approaches regarding the effect of criminal proceedings on the police have been foreseen. For example, in some cases, dealing with the criminal aspect of the committed act is considered as one of the reasons for resuming the criminal proceedings, and in some cases, dealing with the criminal aspect of the committed act temporarily stops the dealing with the disciplinary aspect of the committed act. Based on the obtained results, the multiplicity of legislative approaches regarding this issue is considered as one of the harms of Iran's judicial system, which can in some cases distort judicial and police justice by creating discrimination.
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Volume 7, Issue 24
seventh year, 24th issue, ّFall 2025
Autumn 2025
Pages 461-486

  • Receive Date 19 December 2022
  • Revise Date 16 January 2023
  • Accept Date 18 March 2023