Research and development in criminal law and criminology

Research and development in criminal law and criminology

Victim Rights in the Criminal Enforcement Process: Focusing on the Code of Criminal Procedure and the Execution Regulations

Document Type : Original Article

Authors
Hamed Rasolkhani 1
Mohammad Ali Haji Dehabadi 2
1 PhD student in Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran
2 Associate Professor of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran
10.22034/jclc.2024.718660
Abstract
In most cases, criminalization is pursued with the interests of the victims; however, some of their interests may be overlooked during the sentence execution phase. No person understands their own interests better than the victim, and it appears that this is the reason why they should be entrusted with certain authority in the execution of the sentence, enabling them to make decisions considering their own interests. The active role of the victim not only facilitates the reformation of the offender, but also ensures that the victim attains their legal rights.
This article, for the first time in Iran's legal literature, identifies the rights of victims in the execution phase of criminal sentences and examines the position of these rights within the laws related to the execution of sentences.
This study employs a descriptive-analytical method, utilizing library sources and examining relevant laws, to address the problem of the victim's position in the sentence execution process. It recognizes rights such as compensation for damages, compensation for the costs of execution procedures, the right to have a lawyer during the execution phase, the right to security, and the right to active participation.
The research concludes that by integrating current laws and regulations, it is possible to acknowledge various rights for the victim and establish an arrangement that, under the principles of restorative justice, allows the victim to play a dynamic role.
Keywords
Victim's Rights
Enforcement of Criminal Sentences
Restorative Justice
Rights to Security
Right to Participation
Right to Have a Lawyer
Subjects

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Research and development in criminal law and criminology
Volume 1, Issue 1 - Serial Number 1
October 2024
Pages 167-197