International Criminal Law

International Criminal Law

Conditions for Compensation for Innocent Convicts in the Criminal Law System of Iran and Islamic Countries

Document Type : Original Article

Authors
1 PhD Student in Criminal Law and Criminology, Qom Branch, Islamic Azad University, Qom, Iran.
2 Associate Professor, Department of Criminal Law and Criminology, Mofid University, Qom, Iran. (Corresponding Author)
3 Associate Professor, Department of Criminal Law and Criminology, University of Tehran (Farabi College), Qom, Iran.
Abstract
The institution of sovereignty means the responsibility of the state towards citizens and individuals within its jurisdiction. This responsibility has many diverse aspects. In order to exercise national sovereignty, states exercise judicial powers and resolve disputes. One of the important issues here is the conviction of innocent individuals by the judicial system. After the innocence of the convicted, the most important issue that arises is compensation for the damages suffered by the said individuals. The purpose of the present study, which has been compiled using a descriptive-analytical method and library tools, is to explain the conditions for compensation for the damages suffered by innocent convicts in the laws of Iran and Islamic countries. The results of this study show that despite the existence of appropriate regulations and mechanisms for compensation for the aforementioned damages, some compensation conditions, such as placing the burden of proving the causal relationship between the damages incurred and the behavior of criminal justice actors on the innocent convicted persons, are not in line with the principles of justice and fairness as well as human rights standards; In this regard, it is necessary for Islamic countries to move towards reforming and adjusting the regulations governing compensation for damages incurred by innocent convicted persons.
Keywords

Volume 2, Issue 4
Autumn 2024
Pages 59-78

  • Receive Date 23 June 2024
  • Revise Date 17 September 2024
  • Accept Date 15 November 2024