نوع مقاله : مقاله های برگرفته از رساله و پایان نامه
عنوان مقاله English
نویسندگان English
The principle of judicialization of execution, which expresses the necessity of the intervention of the judicial authority, along with wide powers in the execution of the punishment and in order to make the punishment appropriate to the character of the convicts, is one of the most important principles of fair proceedings at this stage. Many legislators, realizing the necessity of this principle in the implementation phase, have accepted and applied its requirements for a long time. Appointing a qualified judge to execute judgments, granting the necessary powers to him and the enforcement body, and the possibility of protesting his decisions, are the most important requirements and requirements of the principle of judicialization of the execution of criminal judgments. Now, while recognizing the execution judge, he has granted him powers; However, this is facing serious criticisms and challenges due to the non-determination of conditions such as expertise and experience, non-granting of full judicial powers and the impossibility of protesting his decisions. It seems that the approval of the "Law on the Execution of Criminal Sentences" and the creation of an independent structure of the institution of the execution of criminal judgments along with the granting of the necessary powers in the field of the use of correctional institutions, the right to change the punishment and the recognition of the decisions of the execution judge as objectionable in a higher authority, seem to be the solution.
کلیدواژهها English