Judicial Challenges of Forming Political Crime Court: A Study of Practical Flaws In Political Crime Law and Criminal Procedure Law

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1 PhD student of criminal law and criminology, Qom University

2 Criminal Law & Criminology Department, Law Faculty , Qom University. Qom . Iran

10.30465/cps.2023.46756.3268

Abstract

Although the political crime courts are mentioned in the country's constitution, after more than 40 years, the number of courts formed to deal with political crimes is still very limited. Although the definition of a political criminal and his rights have been studied in detail by researchers, the current situation of political criminals in the process of criminal proceedings has received less attention from researchers.This research answers the question of whether the current procedural and substantive law has the power to protect the rights of political criminal by requiring the judicial authorities to form a political crime court? By examining the legal process of dealing with political crimes, it has been found that despite granting him special privileges in the process of investigation, the lack of differential procedure has caused the political criminal to enter the criminal process like other criminals. Despite the fact that the law of political crimes considers the determination of the motive of the perpetrator as a condition in political crimes, in practice, in the process of criminal investigation, there is no suitable platform for considering the determination of the motive of the perpetrator, as well as a suitable mechanism to defend his right in this process.And the silence of the legislator causes personal interpretations of the regulations by the judicial authorities, as a result of which there is no opportunity to form political courts.

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