Majlis and Rahbord

Majlis and Rahbord

Factors affecting the "blame of accusation" in a desirable model in English law with a view to Iranian law (from theories to principles)

Document Type : Research Paper

Author
Graduated with a specialized doctorate in criminal law and criminology from Tehran University. Tehran
Abstract
Accusation, which is referred to as the gate of criminal justice in English law, has been able to provide appropriate achievements in line with a standard criminal trial as the first step in the prosecution, in such a way that the prosecutor is compelled to Accusation has been raised or ignored, and considering its positive effect on the aforementioned system, this issue can be incorporated into Iranian law, but at first, the legal system needs to move towards accusations in the prosecution stage, and then pay attention to the theories and principles governing the stage. It has been accused that failure in this field is certain if not paid attention to. The current research, which was compiled with descriptive-analytical method, after examining the issue, comes to the conclusion that the effective theories on the accusation include: labeling theory; The theory of open shaming of a clothier; the theory of the shield of the plague (the sacrificial ram); The theory of public benefit (profit and loss system) and restorative justice, and then principles such as: the principle of sufficiency of evidence; the principle of usefulness; the principle of expediency; the principle of measuring the damage caused by the crime; The principle of modifiability has been introduced as an effective principle on the objection of accusation in a desirable model, which, if the aforementioned cases are taken into account and implemented, it is possible to establish the phase of objection of accusation in Iranian law.
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Articles in Press, Accepted Manuscript
Available Online from 17 March 2025