نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The finality of judicial decisions constitutes one of the fundamental requirements of legal stability and fair trial. Nevertheless, preventing the enforcement of erroneous judgments requires the existence of exceptional post-conviction review mechanisms. The present study aims to examine the distinctive features of the extraordinary retrial mechanism under Article 477 of the Iranian Code of Criminal Procedure in comparison with post-conviction review procedures in the legal system of the United States of America. The research data were collected through the examination of statutes, regulations, judicial decisions, legal doctrine, and other relevant sources in both legal systems, and were analyzed on the basis of such criteria as the competent decision-making authority, grounds for review, time limits for filing, the nature of proceedings, the scope of reviewable judgments, the foundations of judicial error, procedural stages, and compensation mechanisms. The findings indicate that Article 477, by centering on the determination of a “manifest violation of Sharia”and preventing the enforcement of unjust decisions. However, the concentration of authority, the ambiguity of the criterion for determining a manifest violation of Sharia, the absence of a fully process, the lack of clear time limits, and the absence of an independent and coherent compensation system constitute its major challenges. By contrast, the United States legal system relies on a diverse and decentralized set of federal and state post-conviction review mechanisms, including motions for a new trial, petitions for habeas corpus, and institutions designed variations among state laws, and the predominance of the principle of finality likewise restrict access The study concludes that any reform of Article 477 should be based on clarifying the criterion of manifest violation of Sharia, strengthening the independence and adversarial nature of the admission process, establishing reasonable time limits, distributing jurisdiction more evenly, and creating a comprehensive compensation system for wrongfully convicted persons.
کلیدواژهها English