Razmatranje vanrednih načina žalbe na kaznene presude u I. R. Iran
Consideration of Extraordinary Ways of Appealing to Criminal Judgments in I. R. of IRAN

Summary/Abstract: Pronouncing conviction in the case of the accused for committed crime is the right of the authorities that is exercised in order to establish justice in the society and to realize the rights of the victims of crime. During the pronouncement of the judgment, and after analyzing the reasons for committing of the criminal offense and their quality (adequacy) for establishing the guilt of the accused person, given the specific situation, position and situation of each of the accused and his social, mental and family situation, within the legal provisions and respecting the society and the rights of the accused as forseen by the Criminal Law, a Criminal judge should pronounce a verdict in accordance with the criminal offense. After the pronouncement of a criminal judgment by the first instance court, the legislator should clarify and emphasize in the law the methods of appeal procedure for the verdict in order to respect the defense rights of the accused. The ways and manners of appeals to criminal judgments are divided into two types: regular and extraordinary. Complaints and revisions are regular ways of lodging an appeal, and the appeal and repetition of the proceedings are considered to be extraordinary ways of opposing criminal judgments. In this text, we have only dealt with extraordinary ways and we are analyzing the legal changes in this area before and after the Islamic Revolution, and we are reviewing the existing challenges in this area. In the end, we offered solutions in order to eliminate legal and judicial deficiencies.

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