Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Analytical Review of the Appeal in Iranian Law and International Criminal Court

Document Type : Original Article

Authors
1 Ph.D Student of Criminal law and Criminology, Department of Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
2 Assistant Professor, Department of Jurisprudence and Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Anzali Branch, Islamic Azad University, Anzali, Iran.
4 Assistant Professor, Department of Jurisprudence and Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
10.22034/jccj.2023.381670.1174
Abstract
The principle of certainty of sentences is considered one of the basic principles of proceedings in the domestic and international law system. The question is: how is the appeal process in Iran's legal system and the International Criminal Court? The purpose of this article is to analyze and review the features and effects of the appeal, which was compiled with descriptive-analytical method. The results of the research show that appealing is a rights that have been considered for the convicted in the judicial procedures of Iran and many countries and its purpose is to ensure the implementation of justice in the final sentence. The present article pursues this basic principle with a comparative study in Iran and the legal structure of the International Criminal Court. The results show that except for the difference in the duration or effects of appeals, there are similarities between these two legal systems in terms of appeals procedures. However, the appeal structure in Iran's legal system, especially in criminal courts, includes significant order, stability and regularity, which is not present in the International Criminal Court. However, the process of appealing in the statute of the ICC has been accurately predicted and given legitimacy.
Keywords

Volume 3, Issue 2
Summer 2023
Pages 47-58

  • Receive Date 26 February 2023
  • Revise Date 09 May 2023
  • Accept Date 22 May 2023
  • Publish Date 22 June 2023