The evident crime and its consequences in Iran's criminal law

Abstract

One of the phenomena in the area of rights is the variety of crimes. Lawyers divide crimes into different categories in order to resolve the issue with fail judge. One of the main divisions is evident and non-evident crimes. Despite Many attempts for defining evident crime there is not any obvious definition, even in the criminal procedure approved in 2013, only types of it mentioned in Article 45. Regarding, proving the evident and non-evident crime is only possible under the Criminal Procedure Act of approved in 2013, since the investigation and prosecution of crime is often carried out by judicial officers, and even judicial authority interfere in proceeding prosecutions since crime is evident and reasons against defendant are more, and the gathering of evidence and analysis of them is more easier than non-evident crimes, the Iran's Criminal Procedure Law approved in 2013, is similar to other countries, due to strong evidences against defendant and his/her venture, has given special authorities to judicial officers, and does not deem observing certain formalities necessary, which may be there will be a serious breach of the restriction and violation of the rights and freedoms of individuals. This research is a descriptive-analytic study to investigate this issue in Criminal Procedure Code approved in 2013. The results shows that evident crimes are committed in presence of judicial officers, and other crime are categorized as non-evident or semi-evident crimes. Even citizenship rights focuses on rights of defendant in evident crimes which is stipulated in the law, but does not have a specific enforcement guarantee, and finally, the Iranian judicial system in defining punishment of crimes has legal vacuum.