VICTIMS COMPENSATION BY THE STATE AND CRIMINAL POLICY OF THE ISLAMIC REPUBLIC OF IRAN: FROM "IS AND IS NOT" TO "OUGHT AND OUGHT NOT" | ||
| مطالعات حقوق خصوصی | ||
| Article 10, Volume 41, Issue 1, April 2012, Pages 165-183 PDF (267.89 K) | ||
| Author | ||
| Ahmad Hajidehabadi | ||
| Abstract | ||
| Though, today, in the light of the idea of correctional justice and due to presence of the international and regional binding and guiding documents, "victims compensation by the State" has become one of the important tools of criminal policy in most countries in Europe and Northern America, it has no proper place in the legal system of Iran. In this regard what that may be understood from establishment of governmental and non-governmental institutions is that the idea of protecting the insolvent criminal is of more importance than the idea of protecting the victim. But, in spite of theoretical and practical challenges, unused capacities of the Constitution as well as juridical principles concerning this issue are able to change state compensation to a rule (instead of an exception) in Iran. | ||
| Keywords | ||
| Civil responsibiliy; Criminal policy; obligation.; Reward; right; Social Responsibility; State compnesation; Victim; Zakat | ||
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