نوع مقاله : علمی - پژوهشی
نویسندگان
1 استادیار دانشکده حقوق دانشگاه تربیت مدرس
2 دانشآموخته کارشناسی ارشد حقوق جزا و جرمشناسی دانشگاه تربیت مدرس
چکیده
تازه های تحقیق
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کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
In the Code of Criminal Procedure, rights of litigants have been always the focus of attention lawmakers. However, rights of third parties have not been considered in any criminal proceedings yet. One of the challenges faced by third parties is their presence rejection in criminal courts and also the lack of unique precedent in this regard. The aim of this study is introducing aspects of the intervention of third parties and barriers to this intervention. The methodology of this study is based on the description and analysis of third parties literature review, the observation of court process in this regard. Findings of this research demonstrate that the most important deficiency of the Criminal Procedure Code in the regards of intervention of third parties in criminal cases is the lack of clear legislation. However, according to some legal provisions such as Article 418 of Code of Civil Procedure, Article 215 of Islamic Penal Code and Article 148 of Code of Criminal Procedure, indicates the importance of a third party in criminal procedure and its adoption by the legislator. Analyzing of Res Judicata Reflects the lack of complete terms of realization of this principle in relation to financial aspects of criminal judgments, is. Solutions that can be offered to reduce conflicts of the vote, is to consideration judicial procedures accepting third party and inspiring from them, As well as paying attention to the content of mentioned articles and not emphasis exclusively on stipulating in law; because judicial interpretations is as an appropriate solution in this field.
کلیدواژهها [English]
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