Legal Basis of Common Approaches to Object to a Criminal Judgment in Iran and England Penal Systems

  •  Ayatollah Yari    
  •  Hossein Mirmohammad Sadeghi    


One of the basic discussions in criminal procedure code which has a direct relation with defendants’ rights in civil procedure process is the matter of objection to criminal judgments that have seriously changed and transformed after the Islamic Revolution. According to the criticisms received by Iran's legal procedure system, the legislator has tried to make closer their position to the world’s standards in the field of objection to criminal judgments by referring to its former rules especially the law of criminal trials’ principles in the law of criminal procedure code approved in 2013. In addition to the final nature of the sentences in common law system, today, different ways of objection are predicted in England accusatory system. The present research tries to deal with the matter that on the prediction of common ways of objection how much its legal basis is considered and how much Iran and England legislators succeed in this path, in addition to analyzing the real examples of the ordinary ways of projection (objection, research appeal, and review appeal) and legal foundations of each one of them in two penal systems of Iran and England. The results of the cases above can be the guide of Iran's legislator in approving and reforming the regulations related to the objection the votes and approximating the regulations to world’s criteria in this field.

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