Abul Hasan Shakeri; Reza Rezaii
Volume 12, Issue 10 , January 2015, , Pages 81-104
Abstract
The presence of witness in the criminal justice system is one of the participatory criminal policy manifestations which it shines more in democratic societies. Therefore, witnesses ...
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The presence of witness in the criminal justice system is one of the participatory criminal policy manifestations which it shines more in democratic societies. Therefore, witnesses as one of the actors in the criminal justice circle must be under protect programs. These programs should be based on the individual freedoms from one side and from other side; they should be based on the government interests. The criminal policy of Iran in the area of legislation is affected by them. Therefore, from the point of the differential criminal policy and exceptional legal procedure, they include circumstantiality which they put forward suggestions. The intimidation of witnesses as a collection of committed acts or acts of perpetration against witnesses is necessary for criminalization. The exceptional criminal procedure with orders like arrest of defendant without initial arraignment, sending directly the case (file) to the court and investigating out of turn are important. Thus, to prevent the identity of witnesses to be revealed, it is useful for witnesses to be wearied makeup and covered by mask during the investigation process. In the legislative criminal policy, the basic strategy is to regulate rules and organize legal proceedings that meanwhile encouraging (motivating) witnesses to appear before criminal justice system, they prevent damages to witnesses. The protective programs are exceptional and therefore to enforce the stipulations based on both subjective and objective depends on the judicial officials. The considerable point is constantly to protect the rights of the first accused because he is charged for a crime and may be punished and sentenced.
