The Position of Ethical Requirements in the Process of Primary Investigations in the Iran’s Code of Criminal Law

Abstract

Background and Aim: The relation between ethics and criminal law is discussable from two viewpoints of ethics relation with substantial criminal law and contractual criminal law. This study aimed to analyze the examples of sovereignty of the ethical requirements in the primary investigations process, in the Iran’s Code of Criminal Law. Materials and Methods: In this qualitative research, document analysis method was used. In order to introduce main conceptions, the phrases of the Iran’s Code of Criminal Law was firstly defined and then, the examples were analyzed and discussed. Findings: The examples of governance of the ethical requirements in the primary investigations process, in the Iran’s Code of Criminal Law has been paid attention under two main items: judicial officials tasks and victim actions. The possibility of ignoring the moralities in the primary investigations process by both judicial officials and accused person is more than other phases of investigation. Regarding the breach of ethical requirements in the primary investigations process lacks any legal guarantee, therefore, the consciousness and moralities are just executive guarantees. Conclusion: The findings indicate that according to the Iran’s Code of Criminal Law, the primary investigations of judicial officials is not based on the law text but is based on the ethical requirements and moralities. Moreover, in many cases the lawmaker has assigned some tasks and duties for the judicial officials that their just executive guarantee is ethical requirements. Please cite this article as: Gholami N, Moazenzadegan HA. The Position of Ethical Requirements in the Process of Primary Investigations in the Iran’s Code of Criminal Law. Bioethics Journal 2017; 7(25): 31-44.