نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
One of the examples of the principle of proportionality of the prosecution is the order to abandon the prosecution, so that the issuance of this order provides the context for the correction of the defendants who have committed a crime under the influence of the criminal factors around them and there is no beneficial effect of prosecuting them, and it is possible for them to return to It creates the society, and on the other hand, by preventing the filing of minor lawsuits, it provides the possibility of more detailed handling of important criminal cases, and by preventing the delay of proceedings, it helps the judicial system. Based on this, the research method; It is descriptive-analytical and written in a library format. Finally, we will find that despite the fact that the issuance of this order is in favor of both the accused and the plaintiff, and in this way the possibility of compensation for the plaintiff's damage is provided, the judicial authority is not very willing to encourage the plaintiff to request to drop the prosecution in forgivable crimes and issue They do not have this arrangement, and even the number of cases in which, despite the provision of the legally prescribed conditions, an order to abandon the prosecution has been issued, is very small, and this is because the judges have not yet thought of accepting these amicable facilities, and they believe that these facilities Peaceful sanctions are just a type of correctional measures that lack deterrence and cannot be implemented and effective like other punishments. On the other hand, in the few cases where the judges decide to issue an order to stop prosecution, it is simply to avoid the number of cases.
کلیدواژهها English