نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار دانشکده حقوق و علوم اجتماعی، دانشگاه تبریز؛
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Article 140 of the constitution states that, in the case of ordinary crimes, executives should be tried in judicial courts, and the Islamic Consultative Assembly should be notified. However on issues such as the concept of ordinary crimes, the concept of notification of the Islamic Consultative Assembly, the time taken to investigate allegations, the duties of executives during the trial, and the consequences of criminal convictions to their positions, the constitution has remained largely silent and other statutes do not help to resolve the ambiguities. This article employs an analytical method and has reached the conclusion that the phrase “ordinary crimes” has no particular meaning and that all crimes are included. The purpose of the parliamentary notification is to obtain permission from the parliament to try the executives. There is no need to wait until an executive finishes their term of service, and they can be tried in court and the charges against them can be brought forward. However, while they are on trial, they should be suspended from their relevant position and if found guilty removed from it. Eliminating the ambiguities in this regard requires legislation or the amendment of existing laws and, in some cases, revision of the constitution.
کلیدواژهها [English]
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