نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسنده English
In general, regarding the functioning of civil procedure principles in criminal proceedings, the hypothesis is put forward that civil and criminal proceedings can have points of interaction with each other. The main objective is to analyze the feasibility of referring to the rules of civil procedure beyond legally specified instances. This study was conducted using a descriptive-analytical method and using comparative studies and judicial practice. The results show that in many cases, the principles of civil procedure, due to their constructive function in creating a basis for the sovereignty of the will of the parties to a private lawsuit arising from a crime in the criminal trial process, and at the same time, based on the deterrent function of the aforementioned principles in preventing the deviation of the judicial system from the goals of a fair trial, can be used as a basis for completing the secondary goals of criminal proceedings in dealing with the private aspect of the crime, provided that do not contradict the criminal nature of the lawsuit.
کلیدواژهها English