JUDICIAL DESCRIPTION OF THE CRIMINAL PHENOMENON AND ITS ROLE IN THE JUDICIAL PROCESS

Abstract

The criminal investigation process always requires the description of criminal laws and the judge in order to comply with the law of the case, both in form and substance, is obliged to determine the limits of the relevant laws and this process is valid even in the clearest rules. Now, in relation to the powers of the criminal judge regarding the description of a criminal phenomenon at the international level, two classical and modern views are clearly in opposition. And this theory is rooted in the progressive principle of separation of powers, which prevents the judiciary from interfering in the legislature, and its purpose is to prevent arbitrariness of judges, but in the recent century, the opposite is growing. That the criminal judge has an active, dynamic and guiding role in describing the criminal phenomenon, the judicial procedure in Iranian criminal law is the flagship of the recent movement, so that in dealing with emerging forms of criminal phenomena by providing new descriptions of old laws They have paved the way for the revision of laws.