Measures to Reduce the Criminal Response in Pre-trial and Trial Stages in the Light of Contractualization of the Procedure

Fazeli Chaharmahali, Najmieh Al-Sadat; Ashrafy, Mahmood

doi:10.22034/jccj.2023.414389.1363

Measures to Reduce the Criminal Response in Pre-trial and Trial Stages in the Light of Contractualization of the Procedure

Document Type : Original Article

Authors

Najmieh Al-Sadat Fazeli Chaharmahali ¹

Mahmood Ashrafy ²

¹ PhD Student of Criminal Law and Criminology, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

² Assistant Professor, Department of Criminal Law and Criminology, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran. (Corresponding Author)

10.22034/jccj.2023.414389.1363

Abstract

Among the steps that have influenced the legal systems in the criminal justice system is the consensus of the criminal justice procedure. This approach, on the one hand, introduces the criminal justice system and on the other hand, the victim and criminal as an active player in reducing the effects of criminal phenomena. This research by a descriptive-analytical method shows that the appropriate institutions such as postponement of prosecution, suspension of prosecution, file filing and other legal institutions which have been mentioned in the law are objective examples of measures that are aimed at reducing crime and slowing down security-oriented criminal responses. The findings of this study show that although these actions of criminal justice system have created positive effects in the pretrial and in the process of proceedings, but they have profound challenges that its outcome will have negative effects. On the other hand, in some crimes that have severe social effects, as well as in crimes that have security and somehow target the ruling system, the criminal justice system not only removes the doctrines of Contractualization, but also its response to the safe-minded, repressive and purely reprehensible criminal.

Keywords

Contractualization of Criminal Procedure

File Filing

Postponement of Prosecution