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.
Machine summary:
The major distinction of the present research lies in the step-by-step examination of the existing criticisms in the handling of political crimes in the prosecutor's office and the criminal court based on current regulations, and demonstrating the obstacles that, through the silence and ambiguity of the law and consequently creating a platform for personal interpretations of it, lead to the non-formation of political crime courts.
(Mohajeri, Procedure in the Prosecutor's Office (1) 2018, 52) On the other hand, according to Article 5 of the Political Crime Law, the determination of whether an offense is political is the responsibility of the adjudicating judicial authority in the prosecutor's office, and the defendant can, at any stage, object to the offense being considered non-political, and the adjudicating authority is obliged to express an opinion in this regard under a formal decision (qarar), which is appealable according to the provisions of the Criminal Procedure Law. It is necessary to note that all final decisions of the investigative assistant are subject to the approval of the prosecutor, and the investigative assistant does not have the right to disagree with the prosecutor's opinion.
This is because, assuming the case is sent to the criminal court, this court can, in the preliminary session, issue a decision of lack of jurisdiction to the competent court without hearing the arguments regarding the political nature of the offense from the accused and without considering the opinion of the jury, based on the reasoning that a political motive in the defendant's behavior has not been established.
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