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Title:	Victim rights in criminal procedure in Iranian and Malaysian criminal law
Authors:	Mehran Farahmand (P51762)
Supervisor:	Anita Abdul Rahim, Associate Professor Dr.
Keywords:	Criminal procedure -- Iran Dissertations, Academic -- Malaysia Universiti Kebangsaan Malaysia -- Dissertations Criminal procedure -- Malaysia
Issue Date:	12-Sep-2019
Description:	Criminal procedure code and penal code are the most important basis of law for the Iranian criminal process. Criminal laws have divided crimes into the crime by private and public aspect. Any action taken in crimes by private aspect depends on the victim or his family decisions. In criminal procedure code, legislator has accepted victim as a party in criminal procedure and granted him a lot of authority in the case. Victim rights, as a complainant, starts by reporting a crime and pursuing by right to attempt in all the hearing stages, with the right to take copy from the case, compensation, Qisas, forgiving the offender and many more rights. Victim has the right to withdraw from his complaint in any stage of proceeding, and judges do not have any authority to continue proceeding. In all of decision that is made by judges, they should look for victim concept as well as his idea. In some cases if victim does not forgive an offender, the judges cannot make any decision even if they think this decision is right for accused and the benefit of society. If the criminal cannot obtain the consent of the victim or his forgiveness, he (accused) will be deprived of some benefits of legal system like postponing verdict, parole, suspending punishment, etc.While Iranian criminal laws accepted victim as a strong party in criminal process, in Malaysian legal system, the criminal cases do not recognize victim as a third party. In fact, in Malaysian criminal system all the crimes have public aspect. While Malaysian legislator accepts in some sections victim as a complainant, unfortunately, Malaysian legal system does not follow the rules, and practically does not consider victim as a party in criminal cases even in some special cases that legislator refers to the victim as a complainant. However, these two systems follow two different ways in respect to victim rights in criminal proceeding, and both of them have deficiencies. Iranian legislator grants a lot of rights to the victim that in most cases are not necessary and are even harmful for justice system. In the other hand, Malaysian legal system does not grant any right to the victim. However, two systems should change their laws regarding the victim rights, that is the former should reduce the victim rights, while the latter needs to increase to victim's right to establish a stable, helpful and updated legal system,Ph.D.
Pages:	254
Call Number:	C31.MEH 2019 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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