A Comparative Study of the Notification of Charges in Islamic Jurisprudence, Iranian Law, and Western Legal Systems

Document Type : Academicm and Research

Author

Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom, Qom,Iran,

Abstract

Following the commission of a criminal offense and the initiation of criminal proceedings, one of the inalienable rights of every individual in the position of an accused person—subsequent to identity verification—is the right to be informed of the charges, known as the notification of charges. This right underpins the accused’s ability to mount a defense and enables the judicial authority to impose appropriate criminal safeguards. Using a descriptive-analytical method, the author seeks to elucidate the various dimensions of this subject within Islamic jurisprudence, Iranian law, and Western legal systems. In cases of in flagrante delicto, law enforcement officials may notify the accused of the charges, while in other cases, this task is undertaken by the judicial authority, initially during preliminary investigations and subsequently at trial. Mere reference to the legal classification of the offense does not suffice; rather, the accused must be made aware of the nature of the alleged criminal act. Therefore, when necessary, the elements of the offense must be communicated to the accused. Silence by the accused or their attorney following the notification of charges does not imply admission or denial of the charges or the presented evidence, but it does result in the court’s ruling being rendered in absentia. Issuance of a judgment against mentally incompetent persons or juvenile offenders with punitive, corrective, or protective measures is contingent upon prior notification of charges. Otherwise, such measures are impermissible. A conviction rendered without proper notification of charges is subject to appeal, and upon appeal, the court of review must convene a hearing and is obligated to overturn the judgment. However, if no appeal is filed and the judgment becomes final, the absence of charge notification does not invalidate the ruling.

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References

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Comparative Studies on Islamic and Western Law
Volume 11, Issue 4 - Serial Number 42
December 2024
Pages 185-206

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