نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشناس ارشد رشته حقوق جزا و جرمشناسی دانشگاه گیلان
2 استادیار گروه حقوق دانشگاه گیلان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
How to deal with evident crimes and their legal consequences is one of the problems which facing the judicial officers. Undoubtedly in the crime scene، the evident crime is not always easy to identify, and the appropriate response is more difficult, when the legislature considers it as evident crime while these offenses are not really evident. Although diagnosis these conditions apparently is the responsibility of the police but if the police make a false recognition and accordingly respond to an evident crime, the legal challenges arise. On the other hand, according to note 1 of article 45 of the code of criminal procedure, in evident crimes that have special conditions, the legislature is given authority to ordinary citizens that play the role of judicial officer in some way. Hence, the above challenges are transferred to the mistakes of citizens in the face of evident crimes as well as the scope of their actions. In this article, we have explained the relevant rules in terms of the meaning and concept of evident crimes and the actions that must be taken by both the police and the citizens in this regard, and the authorized territory of their intervention
کلیدواژهها [English]
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