نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشجوی دکترای حقوق کیفری و جرمشناسی دانشگاه آزاد اسلامی واحد تهران شمال
2 استادیار دانشکدۀ حقوق دانشکدگان فارابی دانشگاه تهران
3 استادیار دانشگاه آزاد اسلامی واحد تهران شمال
4 استادیار دانشکدۀ حقوق دانشگاه تربیت مدرس
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Plea bargaining can be considered as one of the compromise-based methods in criminal cases. This approach, which originates from Commonwealth legal system, deals with the accused and the prosecution on the subject of the charge, and eventually reaches a certain structure and agreement. This approach has been taken into consideration by legal systems to address issues such as speeding up the process, reducing costs, and preventing further harm. Economic crimes also require a rigorous criminal approach, given the dangerous nature of the behavior, the pervasive consequences at the community level and the characteristics of the perpetrator. What is visible in most legal systems in the world regarding economic crimes is the subject of property restitution. This has given the plea bargaining a very important place in the economic crimes in countries such as the US, France and Japan. Today, such instrument is not available in the Iranian legal system. However, due to the crisis stemming from the slow pace of litigation and the growing volume of economic cases, it seems that processing and measuring plea bargaining’s effectiveness against economic crimes can lead to an appropriate decision-making in dealing with crimes of such nature. In this study, we seek to address the question of possibility of using a plea bargain in economic crimes and the impact of it in the Iranian criminal legal system.
کلیدواژهها [English]