Modern Jurisprudence and Law

Modern Jurisprudence and Law

Challenges to improving the performance of judicial officers in dealing with the accused

Document Type : Original Article

Authors
1 Head of Research Center of Lawyers Without Borders Organization and Lecturer of Azad University and Higher Education International University of Niloufri Rotation
2 Criminal Law and Criminology, Islamic Azad University, Central Tehran Branch
10.22034/jml.2024.721185
Abstract
The main mission of creating a bailiff is to discover the truth in light of protecting the rights of the accused in various social incidents, especially since with the advancement of technology and the increase in criminality, the process of discovering the truth has become difficult. Respecting the rights of the accused is one of the important issues raised in the judicial system, and protecting these rights is directly related to the performance of bailiffs, which is one of the important challenges of the criminal system. The necessity of observing the principle of fair trial requires that the defendant's defense rights, along with the measures of discovering the truth, are not violated by the bailiffs' subjective interpretations. This is because bailiffs, as executive agents of the judicial system, play a key, useful and undeniable role in the process of handling judicial cases. In particular, the report they submit also leads to the issuance of a verdict. Although criminal proceedings are the responsibility of the judicial authority, the judicial authority needs the cooperation of the bailiff to carry out its duties. This research, using a library method (descriptive-analytical), while examining the duties of bailiffs, aims to provide solutions to reduce the challenges of the judicial system. What is gained is that the judicial system is forced to strengthen its infrastructure in the field of scientific crime detection and to use all its power by teaching new scientific methods of crime detection, teaching the basics of criminal proceedings, and respecting the legal rights of the accused, in order to reduce individual and organizational challenges and increase citizens' satisfaction with law enforcement services.
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