نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Drawing upon the status of justice as one of the most fundamental indicators of good governance in international development documents and frameworks, this study seeks to explain the relationship between criminal justice and good governance and to analyze the scope and limits of the criminal judge’s authority in the process of the judicial characterization of the criminal phenomenon. In this regard, the central question concerns the extent to which, within criminal proceedings, the criminal judge is confined to the explicit wording and concepts of statutory law and the extent to which the judge may, when confronted with emerging manifestations of criminality, provide an appropriate, dynamic characterization that is consistent with social developments, thereby facilitating the fuller realization of justice. This issue is significant because the understanding of the judge’s role directly affects the effectiveness of the criminal justice system and its capacity to respond to the evolving needs of society. The research hypothesis posits that the realization of justice within the framework of good governance requires moving beyond a purely passive conception of the criminal judge’s role and recognizing an active, guiding, and interpretive function in the process of criminal characterization, while ensuring that such a role is exercised within the framework of the fundamental principles of criminal law and the standards of due process. Employing a descriptive-analytical method and relying on library-based sources, this study examines the theoretical foundations of both the classical and the modern approaches to the authority of the criminal judge and analyzes the practical reflection of these two approaches in light of Iranian judicial practice. The findings indicate that although the traditional approach, based on the principles of the separation of powers and the principle of legality of crimes and punishments, regards the judge merely as an executor of the law, Iranian judicial practice, when confronted with emerging forms of criminal phenomena, has demonstrably moved toward a more modern approach.
کلیدواژهها English
