نوع مقاله : مقاله پژوهشی
نویسنده
دکتری حقوق کیفری و جرمشناسی، مدرس دانشگاه و وکیل پایه یک دادگستری.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Despite the existence of historical records on the placement of a high institution in the judicial system of Iran and France, the recognition of the Diwan Tameez in Iran (the Supreme Court of the country in today's sense) has been done in light of the adaptation of the legal standards of Western countries, especially France. Of course, the Supreme Court of Iran and France is known as the highest institution in the judicial structure. In the meantime, conducting a comparative research on the standards of the above-mentioned institution and comparing its functions in the two studied systems (with an emphasis on its supervisory role), in addition to creating a detailed understanding of the origin and philosophy of existence of the highest judicial authority, led to the creation of a perspective It will be better than how this institution affects the legal system. In view of the aforementioned aspects, in the present study, while explaining the relevant legal standards, an attempt has been made to identify the desirable features of the supervisory role of the Supreme Court in the process of criminal proceedings and to explain the possible shortcomings and weak points around the subject. In this regard, the findings of this research, which were obtained by a descriptive-analytical method and with library tools, indicate that the Supreme Court of Iran and France, in the criminal law of Iran, fulfills its supervisory role in the form of handling appeals, issuing judgments. Insari applies to hearing requests for retrial and issuing a unanimous decision (in Iranian law) and presenting a consultative theory (in French law). In addition to that, in the light of the high position of this judicial institution, the interpretations and decisions of the branches of this authority on various issues also play an important role in creating a uniform judicial procedure.
کلیدواژهها [English]
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