Journal of Criminal Law and Criminology

Journal of Criminal Law and Criminology

Challenges of Issuing Illegal Judicial Orders (A Case Study of the Deputy Prosecutor's Order in Mashhad to Prevent Entry of Women without Hijab into the Subway)

Document Type : Original Article

Authors
roghayeh masteri farahani 1
Hossein Mir Mohammad Sadeghi 2
1 Researcher of Iran Law and Law Research Institute, Tehran, Iran.
2 Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
10.22034/jclc.2024.383562.1806
Abstract
The purpose of this article is to review and evaluate the letter of the deputy prosecutor of Mashhad regarding "preventing women without religious hijab from entering the metro". For this purpose, after describing the text of the said letter, the scope of the investigation is first explained, and then the evidence and documents mentioned in the text of the order are mentioned, all of which have been contradicted and violated. In this way, corresponding to each document, the reasons for rejecting and violating this citation are presented in five paragraphs. In addition, objections and criticisms on the order of the subject of the research, consisting of 11 objections, are mentioned below. Some of these evidences are: violation of the principle of legality of crime and punishment, violation of the principle of legality of proceedings, violation of the principle of the rule of law, violation of citizens' rights, violation of the lack of competence of prosecutors in 7th and 8th grade crimes and... According to the findings of the research, the order of the subject of the research was issued for the reasons mentioned, including 16 reasons in total, contrary to the numerous principles of the Constitution, the rules of criminal law and criminal procedure.
Keywords
Fundamental Rights
Legality of Proceedings
Islamic Veil
Deterrent Punishments and Sanctions
Judicial Order

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Journal of Criminal Law and Criminology
Volume 12, Issue 24
March 2025
Pages 41-68