THE EFFECT OF THE EMERGENCY STATE ON THE LACK OF AN APPEAL STAGE IN THE SPECIAL COURTS OF ECONOMIC CRIMES

Document Type : Original Article

Authors

• Sohrab Neshastehriz ¹
• Mahmoud Malmir ²
• Masoud Heidary ³

¹ Ph. D Student, Department of Criminal Law & Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran. [e-mail]

² Associate Professor, Department of Criminal Law & Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran. (Corresponding Author): [e-mail]

³ Assistant Professor, Department of Criminal Law & Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran. [e-mail]

Abstract

Fields and Aims: The process of differentiation of criminal procedure in the field

of Economic criminality is due to factors such as globalization of criminal law, inability of the criminal justice system and inefficiency of traditional principles of criminal procedure in responding successfully to it. In this process some of criteria such as specialization,rapidity and severity of the criminal response are followed. Approval of executive by-law on how to deal with major crimes disrupting the countries economic system which was approved on 29/09/2020 during the Economic War of post (JCPA) is one of the examples of this process, which according to Article 19 the majority of the rulings of courts subject to this article are final and despite severity of charges and convictions they lack appeal stage and sole purpose is to ensure execution of the sentence. This issue is not compatible with the recognition of the right to appeal as one of the principles of governing a fair trial.

Methodology: the present Article has been done by descriptively-analytically method.

Findings Conclusion: we have come to the conclusion that this issue is in the line with the criteria for describing the State of Emergency in some international documents and seems to be justifiable. Also, in the opinion of the authors it seems to be essential the recognition of the right to appeal against all rulings issued by-law in the courts subject to this regulation which is similar to that provided for in the Code of Criminal Procedure (2013) for Wartime Military Courts.

Keywords

• Differentiation of Criminal Procedure
• Economic Criminality
• Fair Trial
• Right to Appeal
• State of Emergency

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