Examining the trial process of crimes against chastity in the balance of jurisprudence and legal criticism

Articles in Press

Document Type : Research Paper

Authors

1 M.A Student in Criminal Law and Criminology, University of Guilan,Guilan,iran

2 Assistant Professor ,Criminal Law and Criminology,University of Guilan,Guilan,iran

10.22034/mr.2024.16533.5739

Abstract

The judicial process is the presentation of substantive criminal law formalities. In other words, the judicial process explains the correct way of implementing the important rules and principles of the judicial process. Since the legislator examines the criminal elements, the social reaction to the criminal phenomenon and the factors justifying and Excusing Factors of Criminal Responsibility in the substantive criminal law, it is necessary to correctly explain the way of implementing these rules. The question that can be raised in this research is whether the judicial process and judicial procedure of Iran has been able to secure the rights of the victim and the accused in crimes against chastity? The findings of this research show that the legislator, sometimes due to not paying attention to the jurisprudential policy Ignoring the Offence, not paying attention to the defense rights of the accused, not distinguishing crimes against chastity with consent and, rape and not paying attention to the aspect of the Private aspect rights of crimes against chastity rape And finally, the lack of attention to scientific and spiritual evidence has not been able to take steps towards securing the rights of the parties. The most important topics of the trial process in the crimes against chastity in the upcoming discussion are: checking the invalidity of the illegal evidence of the investigation and prosecution authorities, objection to the opinions and examples of violation of the accused's defense rights, failure to accept scientific and spiritual evidence and the feasibility of trial in absentia, which in this In this article, we try to criticize and analyze crimes against chastity with a descriptive and analytical method.

Keywords

Main Subjects

Majlis and Rahbord

Articles in Press, Accepted Manuscript
Available Online from 27 August 2024

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