Dealing with professional and administrative offenses in the light of the concept of criminal jurisdiction.

Salehi, Mohammad; Rostami, Vali; Mahmoodi Janaki, Firouz

doi:10.22034/mral.2024.2045802.1677

Dealing with professional and administrative offenses in the light of the concept of criminal jurisdiction.

Articles in Press

Document Type : Original Article

Authors

Mohammad Salehi ¹

Vali Rostami ²

Firouz Mahmoodi Janaki ³

¹ PhD student in Public Law at the University of Tehran, Aras Campus

² Professor of Public Law at the Faculty of Law, University of Tehran

³ Professor of Criminal Law at the Faculty of Law, University of Tehran

10.22034/mral.2024.2045802.1677

Abstract

The concept of criminal jurisdiction, which takes precedence over its definition, was first addressed by the European Court of Human Rights. This concept ultimately emerged from a legal mechanism known as "fair trial" under one of the important philosophical principles of due process called the principle of equality of arms. The significance of these concepts, namely fair trial and criminal jurisdiction, in quasi-judicial bodies related to administrative, disciplinary, and professional offenses, cannot be overlooked; otherwise, policies related to decriminalization and depenalization are ignored. The major concern is that neglecting the rights of individuals facing prosecution in these bodies and their punishments leads to a lack of access to fair trial and criminal jurisdiction on one hand, and fosters delinquent behavior on the other hand, gradually resulting in a loss of trust in these institutions regarding their proceedings. Upholding the two principles mentioned, namely fair trial and criminal jurisdiction, in the handling of offenses is crucial and often overlooked in the initial stages of proceedings, raising questions about the judicial approach to dealing with offenses.

Keywords

Criminal matters

fair trial

quasi-criminal authorities

offenses

handling of violations

Subjects