Differential Proceedings Crimes against of Chastity; From Proper Prosecution to Organizational Competence

Document Type : Original Article

Authors

1 PhD Student of Criminal Law & Criminology

2 Associate Professor of Islamic Azad University

3 Assistant Professor of Farabi Campus, University of Tehran

Abstract

One of the few crimes with differential proceedings in Iran’s criminal proceedings is the crime of chastity. The differentiation of criminal proceedings means that the rules and regulations governing criminal proceedings in a particular area are distinct from the general rules and regulations of the proceedings. Although the legislator does not explicitly discuss the differential procedure for crimes against chastity, the criminal policy of crime covering, along with other sub-policies, including the defense of the moral security of society, has led to the codification of differential proceedings for these crimes. The most important part of differential proceedings in crimes against chastity is the appropriateness and obstacles to prosecution and organizational competence. Therefore, in the present article, we intend to describe in a descriptive-critical way the differential procedure of crimes against chastity in the relevant fields and at the same time determine the approach of the Iranian legislator.
 

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