Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Comparison of the Right to Appeal in the Field of Criminal Procedure, Imami Jurisprudence, Iranian and French Law

Document Type : Original Article

Authors
1 PhD Student of Criminal Law, Departmant of Law, Islamic Azad University Qeshm, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, University of Science and Culture, Tehran, Iran. (Corresponding Author)
3 Assistant Professor, Department of Criminal Law and Criminology, University of Tehran, Tehran, Iran.
10.22034/jccj.2024.416106.1378
Abstract
In any judicial system, a percentage of the decisions issued by the courts may be incorrect, for which solutions suitable to the judicial system, such as appeals, have been provided. The purpose of this article is to examine the points of commonality and difference regarding the right to appeal in the realm of criminal procedure of Imamiyyah jurisprudence, Iranian and French law.The present article has studied and researched the right to appeal in Iran and France by using the method of comparative research and the method of collecting library information. The findings of the article show that the right to appeal has been accepted in Iranian criminal law as well as in French law in line with the supervision of the court on the correct implementation of laws in the courts, with the difference that in the French legal system, the right to appeal is a right. Human rights can be proposed, while in jurisprudence, violating a qualified judge's order is forbidden, except in a few cases. The lack of conditions for judgment and opposition of the judge's verdict to a definite reason or jurisprudential necessity are among the exceptions to the acceptance of appeals in jurisprudence. In French law, under certain conditions, the right to seek trophies is accepted, and the basis of this right can be explained mainly in line with fair proceedings and compliance with human rights standards.
Keywords

Volume 3, Issue 5
Winter 2024
Pages 377-389

  • Receive Date 02 September 2023
  • Revise Date 06 November 2023
  • Accept Date 09 January 2025
  • Publish Date 20 February 2024