Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Right of the Victim to Participate in the Judicial Process in International Documents and Judicial Procedure

Document Type : Original Article

Authors
1 PhD Student of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran.
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran. (Corresponding Author)
3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom, Iran.
10.22034/jccj.2023.410276.1333
Abstract
The regulations of the International Criminal Court are of special importance due to having a support of the agreement of the international community, which can be taken into consideration by the legislator as a guiding model. The purpose of this research is to investigate the participation of the victim in the process of international crimes based on documents and judicial procedure. This research was carried out using the descriptive analytical method and the information obtained from the research was obtained with the help of the library documentation method. The findings of the research show that the right to participation of victims is accepted in jurisprudence. Also, this right in international proceedings and consideration of their wishes in determining the punishment is one of the legal protections foreseen in the documents of the International Criminal Court. The International Court of Justice has endeavored to choose the best ways to protect the victims and to implement these solutions in order to draw a suitable position for the victims and provide them with proper support in the context of the international criminal justice cycle. The result is that it is necessary to make the victim participate in the preliminary investigation process regarding the crime committed against him. It is only in this situation that the victim is not ignored and at the same time his potential can be used to protect his rights.
Keywords

Volume 2, Issue 5
Winter 2023
Pages 233-244

  • Receive Date 09 September 2022
  • Revise Date 24 October 2022
  • Accept Date 03 November 2022
  • Publish Date 20 February 2023