Culmination of Law

Culmination of Law

The counteraction of the effects of the fight against terrorist crimes with the rights of citizens at the trial stage; Comparative study on Iranian and English law

Document Type : Original Article

Authors
mohsen kohandani 1
behzad Razavi Fard 2
shahrdad darabi 3
Seyyed Hossein Hashemi 4
1 Ph.D. student of criminal law and criminology, Islamic Azad University of Qom
2 Associate Professor of Criminal Law and Criminology, Allameh Tabatabaei University
3 Assistant Professor, Department of Criminal Law and Criminology, Qom Islamic Azad University
4 Associate Professor and Faculty Member of Law at Mofid University
Abstract
AbstracOne of the important effects of the fight against terrorist crimes is the dominance of security over fair judgment, which in the light of this prevailing approach, governments prefer to prosecute perpetrators of terrorist acts outside the rules of international law and at their own discretion. The response of governments to dealing with terrorist offenses is not limited to rigorous initial investigations, but most criminal laws provide for the trial of terrorist offenses in special or exceptional courts, and even in states where terrorist offenses are tried in ordinary courts. Take; Their executive laws specify the existence of special rules for these trials. In this article, with the method of description and analysis, we examine this confrontation comparatively in the legal system of Iran and the United Kingdom, and the result is that the differential trial in terrorist crimes under the pretext of maintaining security, has led to violations of civil rights. However, the observance of the citizenship rights of the accused in all necessary crimes and in accordance with the rules of human rights is guaranteed in the constitution.
Keywords
Key words: "Terrorist crimes"
"Criminal law"
"Citizenship rights"
"Just judiciary"
Securityism"
Culmination of Law
Volume 4, Issue 2
Winter 2019
Pages 5-26