Review and Analysis of Sanctions in Iranian Criminal Procedure Law and a Comparative Study with French Criminal Procedure Law

Document Type : Original Article

Authors

1 Ph.D. Student, Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran. Phone

2 Assistant Professor, Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran. (Corresponding Author) Phone

3 Assistant Professor, Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran

4 Assistant Professor, Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran.

Abstract

Abstract

For laws to remain effective and command universal respect, they require appropriate enforcement mechanisms. To uphold the rights of litigants and ensure compliance by state actors—including judicial officers, judges, police, and other public officials—it is essential to establish robust and efficient enforcement measures alongside continuous oversight. Legal sanctions serve as a response to violations of juridical norms. This study conducts a comparative examination of enforcement mechanisms in the criminal procedure codes of Iran and France, aiming to identify optimal sanctions and contrast their application in both legal systems. Employing a qualitative, critical approach with descriptive-analytical methodology, data were collected through documentary research and annotated references from authoritative texts and related studies. Theoretical saturation was achieved via snowball sampling, with iterative review cycles reinforcing the research process. Findings were derived through comparative analysis and validated against corroborating evidence from prior studies. The research reveals that, irrespective of spatiotemporal contexts, similarities and divergences exist in enforcement mechanisms between Iranian and French criminal procedure. By analyzing judicial outcomes, litigation statistics, and adherence to litigants' rights in both jurisdictions, the study proposes actionable solutions to address weaknesses and enhance existing safeguards. Key insights emerge from the comparative framework adopted.

Keywords


  • Receive Date: 09 July 2025
  • Revise Date: 25 September 2025
  • Accept Date: 18 September 2025
  • First Publish Date: 18 September 2025