Culmination of Law

Culmination of Law

The Approach of the Approved Criminal Procedure Law (2012) to the Discovery of a Suspicious Crime

Document Type : Original Article

Authors
Assadollah Masoudi Maqam 1
Nasibeh Hasheminejad 2
Milad Amiri 3
1 Assistant professor, criminal law and criminology, faculty of law and political science, science and research unit, Islamic Azad University, Tehran, Iran
2 Master of Family Law, Faculty of Law, Imam Sadegh University, Tehran, Iran
3 Ph.D. student of Criminal Law and Criminology, Faculty of Humanities, Semnan Branch, Islamic Azad University, Semnan, Iran
10.22034/thdad.2024.2011102.2556
Abstract
In the criminal procedure law approved in 2012, the legislator did not provide a definition of suspicious crime, but he provided criteria for its discovery. The findings of the research indicate that the approach of the judicial procedure and especially the practical procedure of the judicial officers is sometimes different from the legislative approach, and the suspicious crime is considered subject to the criteria of the visible crime. This is according to articles 43 and 44 of the aforementioned law; The rules governing the suspicious crime have been monopolized and this unspecified crime is within the visible and invisible specified crimes, as a result, the criteria for discovering the latter crimes cannot be extended to the suspicious crime. Therefore, the authors investigate the issue and "legal discovery" of the suspicious crime in a descriptive and analytical way.
Keywords
Crime detection
suspicious crime
suspect
judicial officers
entrapment
judicial procedure

Subjects

References
Akhundi, Mahmoud (2009), Criminal Procedure Code, Volume 5, Second Edition, Tehran, Printing and Publishing Organization.
Ashouri, Mohammad (1400), Criminal Procedure Code, Volume 1, Twenty-second Edition, Tehran, Samt.
Aghaei Jannat Makan, Hossein (2017), Fair and Just Trial Law (Justice), First Edition, Tehran, Jangal.
Armi, Abolghasem, Vahdati Shobeiri, Seyed Hassan (2019), Study of the Principles and Evidence of Animal Husbandry in Religious Texts, Research Journal of Quranic Interpretation and Language, Eighth Volume, No. 9, pp. 83-108.
Bahadori, Jalal (2017), Crime Detection in Privacy, First Edition, Tehran, Khorsandi Publications.
Tadayin, Abbas (2012), Criminal Procedure Code, Second Edition, Tehran, Khorsandi.
_______(2012), French Criminal Procedure Code, First Edition, Tehran, Khorsandi.
_______, Bagherinejad, Zeinab(2011), Ensuring a Fair Trial in the Light of the Principle of Legitimacy in Obtaining Criminal Evidence, Legal Research, No. 53, pp. 215-242.
_______(2009), Obtaining Evidence in Criminal Procedure, First Edition, Tehran, Mizan.
Heshmati, Abolfazl(2014), Obtaining Evidence by Illegal Means, Private Law Research Journal of Justice, No. 2, pp. 67-87.
Khaleghi, Ali(2016), Points in the Criminal Procedure Code, Eighth Edition, Tehran, Mizan.
Khani, Ghader, Ghasemi, Naser, Mohseni, Farid(2018), Thesis on the Accused's Rights in Iranian Criminal Law and Imamiyyah Jurisprudence, Master's Thesis, Tehran, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services.
Rahmani, Mohammad Yaser, Rostami, Hadi (2019), Judicial Entrapment and Its Challenges as a Defense in Iranian Law, Master's Thesis, Tehran, Faculty of Humanities, Bu-Ali Sina University.
Rostami, Hadi (2018), Criminal Procedure, First Edition, Tehran, Mizan.
Razavi, Mohammad (2012), Requirements of the Principle of Criminal Innocence in the Process of Police Investigations, Intelligence and Criminal Research, Seventh Year, Issue 4, pp. 55-94.
Zarei, Javad, Mirkamali, Alireza, Sohanian, Fatemeh (2013), Human Rights Requirements of the Police in Confronting Suspects and Accused, Master's Thesis, Tehran, Faculty of Humanities, Payam Noor University, Tehran.
Sadegh Manesh, Jafar (2018), Judicial Officers, Third Edition, Tehran, Judiciary Press and Publication Center.
Sanati, Seyed Mehdi, Noorian, Ayub, Ataei Jannati, Majid (2018), Judicial Officers (Military Justice) in the Criminal Investigation Process, Qom, Dynamic Laws.
Tahmasbi, Javad (2016), Criminal Procedure Code, Volume 2, Second Edition, Tehran, Mizan.
__________ (2017), Criminal Procedure Code, Volume 1, Third Edition, Tehran, Mizan.
Abedi, Ahmad Reza (2019), Criminal Procedure Code, First Edition, Tehran, Judiciary Press and Publications Center.
Ashayeri Monfared, Mohammad (2019), Feasibility Study of the Implementation of the Most Important Law in the Conflict of Rights, Fundamental Research in the Humanities, Year 6, Issue 1, pp. 107-128.
Ali Bakhshi, Ali Jamal, Saber, Mahmoud, Mousavi Mojab, Seyed Durid (2016), Rights of Suspects and Accused in the Police Investigation Stage; Comparative Study of the Criminal Procedure Code of 1392 and International Documents, Master's Thesis, Tehran, Faculty of Law, Tarbiat Modares University.
Koushki, Gholamhossein, Dolatkhah Pashaki, Peyman, (2019), Comparative Study of the Process of Police Stopping and Searching in Public Places in the Legal Systems of Iran and England, Criminal Law and Criminology Research, Volume 7, Issue 14, pp. 7-56
Motahari, Morteza (2010), Collection of Works, Volume 16, Sixth Edition, Tehran, Sadra Publications.
Mohajeri, Ali (2016), Procedure in the Prosecution, Eleventh Edition, Tehran, Fekrsazan.
Moghimi, Mehdi (2007), Traps in Crime Detection, Danesh Entezami, Volume 9, Issue 3, pp. 148-167.
Noorbaha, Reza (2005), Background of General Criminal Law, Twelfth Edition, Tehran, Ganj Danesh.
Culmination of Law
Volume 11, Issue 2
Autumn 2025
Pages 129-157