Ray (Judicial Case Review)

Ray (Judicial Case Review)

The possibility of receiving damages for mental trauma from the passerby subject first comment Article 14 of the Criminal Procedure Law of 2013 with emphasis on psychology and neurology

Author
Assistant Professor, Department of Criminal Law and Criminology, Semnan Branch, Islamic Azad University, Semnan, Iran
10.22106/jcr.2024.2041018.1486
Abstract
Sometimes we see that the Legislature has not had such a responsible and forward-looking approach (in the form of necessary forecasts) to these cases in certain possible situations. One of these is referred to in Article 14 of the constitution.A.D.The year 2013 returns، which is quite evident in the commentary of this defect، which can be considered as the context and the added harm and importance of the present search. Here، with a descriptive and analytical yet comparative look (based on experimental data)، we are trying to understand this question by using the documentation method and libraries. if the spiritual damage and psychological damage caused by crime take a long time، it can be proven based on the data of criminal psychology and neurology. how is the ratio between crime and punishment debatable here? In these cases، the court seems to refer the case to the expert for determining the damage، but in long-term trauma caused by criminal damage، based on scientifically proven data، if provable، in the first comment of Article 14 of the code of Criminal Procedure The 2103 resolution guides the results of our investigation to first، in the current situation، including possible long-term injuries and trauma caused by the crime، the court must consider and comply with the consequences of the crime and the punishment of the perpetrator، according to the case. Second، the Legislature should also make minimum and maximum forecasts in this area to protect victims of crime (such as determining equivalent damages and... It was a way of correcting it، which the author thought could be a way of correcting it.
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Articles in Press, Accepted Manuscript
Available Online from 18 November 2024

  • Receive Date 13 September 2024
  • Revise Date 02 November 2024
  • Accept Date 04 November 2024