Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Crimes against Judicial Justice in the Pretrial Phase in the Legal System of Iran, France and Lebanon

Document Type : Original Article

Authors
1 PhD Student in Criminal Law & Criminology, Department of Law, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran.
2 Assistant Professor, Department of Criminal Law and Criminology, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Faculty of Humanities and Social Sciences, University of Kurdistan, Sanandaj, Iran.
10.22034/jccj.2023.415869.1375
Abstract
One of the important issues of any judicial system is the realization of judicial justice. Of course, judicial justice faces challenges that may prevent its realization. One of the important issues is how the judicial system faces the challenges of judicial justice. This is done in the form of different criminalizations. A comparative study of what is criminalized in the form of crimes against judicial justice can provide a more accurate understanding of Iran's criminal policy approach in this regard. The purpose of this article is to compare the crimes against judicial justice in the pre- and post-prosecution stages in the laws of Lebanon, France and Iran. The research method is descriptive and analytical which is collected through the library method. The findings of the research indicate that in the criminal law of Iran, the legislator has criminalized two categories of illegal behaviors that cause disturbances in the preliminary investigation and proceedings in the Islamic Penal Code and other substantive laws. Also, the French criminal law has assigned a chapter to crimes against the judiciary without dedicating a chapter to this title. The Lebanese criminal laws have an independent part of the criminal laws under the title of crimes against judicial justice in the investigation and issuance stage, in the judgment and execution, for this matter, but the penal law approved in 1995 has sporadically and on different occasions criminalized actions that disturb the process of justice and the realization of the rights of individuals.
Keywords

Volume 3, Issue 4
Autumn 2023
Pages 167-179

  • Receive Date 26 September 2023
  • Revise Date 22 November 2023
  • Accept Date 29 November 2023
  • Publish Date 22 December 2023