University of Tabriz Jurisprudence and Islamic Law 28210891 8 14 2017 03 21 The concept and fundamental of the infraction in the principle of innocence The concept and fundamental of the infraction in the principle of innocence 1 29 7168 FA Abbas Ali Akbari Ph.D. Student of Criminal Law and Criminology, Islamic Azad University, Isfahan Branch Mahmoud Malmir Associate Professor of Islamic Azad University, Isfahan Branch Hassan Pourbafrani Associate Professor of Law, University of Isfahan Journal Article 2017 07 20 The principle of the criminal exoneration is one the main factors of the disciplinary justice and legal procedure so that according to this principle, all people of society are considered as innocence unless their accusation is to be more than a reasonable thought with respect to the law and proven in a related trial. This principle of the criminal exoneration in some criminal cases is a part of the principle. In this article, we are intended to find out an answer to the question whether the concept and effect of infraction in the principle of exoneration and fundamental and reasons of the criminal is the same orientation with the principle. In the first part of the principle, after clarifying the concept of the principle and criminal presumption and its impact, we come to this conclusion that the criminal presumption in the contrast with the exoneration, the verification of accusation comes to an opposite result. It is the main duty of the criminal to offer evidence for proving his innocence. such as organized crime, crimes related to terrorist acts, proceeds from drug trafficking and money laundering, being suspicious in the crime, the responsibility of suspicion calling of another person at night out of his residence, membership in a group or a population whose aim is to disrupt the security of the country. In the second part of this article, my main concepts and reasons of infraction are concerned with the necessity of pragmatism and preserving the society benefits, easiness of proving the complicated and dangerous crimes and establishing an equality between the parties and considering the economic, security and some especial condition of the society and legal equality in performing the legal procedure of criminals. Therefore, we should not ignore the fact that in the performance of equality and saving the social order and people's rights should not be considered as a main framework in the performance of the legal procedure and the infraction of the principle of exoneration and criminal presumption is exceptional fact and it is justifiable only through the law, and in this case, there should be a possibility of proving the opposite side of the principle. The principle of the criminal exoneration is one the main factors of the disciplinary justice and legal procedure so that according to this principle, all people of society are considered as innocence unless their accusation is to be more than a reasonable thought with respect to the law and proven in a related trial. This principle of the criminal exoneration in some criminal cases is a part of the principle. In this article, we are intended to find out an answer to the question whether the concept and effect of infraction in the principle of exoneration and fundamental and reasons of the criminal is the same orientation with the principle. In the first part of the principle, after clarifying the concept of the principle and criminal presumption and its impact, we come to this conclusion that the criminal presumption in the contrast with the exoneration, the verification of accusation comes to an opposite result. It is the main duty of the criminal to offer evidence for proving his innocence. such as organized crime, crimes related to terrorist acts, proceeds from drug trafficking and money laundering, being suspicious in the crime, the responsibility of suspicion calling of another person at night out of his residence, membership in a group or a population whose aim is to disrupt the security of the country. In the second part of this article, my main concepts and reasons of infraction are concerned with the necessity of pragmatism and preserving the society benefits, easiness of proving the complicated and dangerous crimes and establishing an equality between the parties and considering the economic, security and some especial condition of the society and legal equality in performing the legal procedure of criminals. Therefore, we should not ignore the fact that in the performance of equality and saving the social order and people's rights should not be considered as a main framework in the performance of the legal procedure and the infraction of the principle of exoneration and criminal presumption is exceptional fact and it is justifiable only through the law, and in this case, there should be a possibility of proving the opposite side of the principle.

https://law.tabrizu.ac.ir/article_7168_1ccb2936fa86c1108024def732f3d88a.pdf