Abstract
<p>Despite their long-time physical presence in our country (Iran), non-governmental organizations (NGOs) have not been taken seriously by the government and public institutions, and play no effective role in criminal proceedings. An innovative by 2013 criminal procedure code is to realize doctrine of participatory criminal policy through NGOs participation in criminal proceedings, which has been provided for by legislator in Article 66 of mentioned code which was amended suddenly within a few days prior to being approved to come into effect on the basis of an interesting decision and which degraded NGOs’ right to litigate into the limit of that of indictors and viewers at proceedings.</p>During proceedings, NGOs play the role of indictors and viewers, regardless of the lack of legal, cultural and social grounds necessary for them to take an active part in criminal proceedings in our country; and, in effect, they face such limitations and ambiguities as criteria of the recognition of their qualifications to do so (Article 66, provision 3). In addition, it is not clear how to develop NGOs’ participation in criminal proceedings and how to monitor their activities. Present study is intended to examine grounds of and barriers to NGO’s activity in criminal proceedings and to address vital roles they can play in the crime prevention and their involvement with criminal proceedings.
Highlights
Increased growth of criminal phenomenon in modern days, along with the advent of new, diverse forms of misdemeanor and delinquency have entailed failure of formal criminal justice system in adopting criminal penalties to prevent crimes from being committed and to counter delinquency as well as to correct criminals behaviorally
non-governmental organizations (NGOs) play the role of indictors and viewers, regardless of the lack of legal, cultural and social grounds necessary for them to take an active part in criminal proceedings in our country; and, in effect, they face such limitations and ambiguities as criteria of the recognition of their qualifications to do so (Article 66, provision 3)
People can participate in all different steps of criminal policy, but such participation and its quality vary from one country to another depending on dominant model of the policy in each country
Summary
Increased growth of criminal phenomenon in modern days, along with the advent of new, diverse forms of misdemeanor and delinquency have entailed failure of formal criminal justice system in adopting criminal penalties to prevent crimes from being committed and to counter delinquency as well as to correct criminals behaviorally. The first one is a traditional participatory model based on traditions, practices, habits and religion, which is in existence among society members institutionally and spontaneously, being a response to the needs caused by historical changes and a product of many years of participation transferred from one generation to another. In this model, government plays no guiding and organizing roles, with people being responsible for doing tasks. To expand NGOs’ participation in criminal proceedings depends on the provided activity grounds and on supervision and evaluation of such activities in order to eliminate barriers and flaws caused by NGOsinvolvement
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