نوع مقاله : مقاله پژوهشی
چکیده
کلیدواژهها
عنوان مقاله [English]
In criminal proceedings, at the end of preliminary investigation and trial, a closing argument is heard by judge, if accused is guilty. The subject of question about a closing argument is about to ascribe the committed crime and presented evidence against accused, the subject of closing argument is doubting the proof or rejecting the elements of crime that are against the accused. Meanwhile, it may be proving or giving the circumstances which cause innocence, diminishing, probating, and excusing the criminal from punishment. Due to the attorney s limited responsibility, a closing argument in the prosecution office must be only given by the accused but in the trial both the accused and the attorney can present the closing argument or separately. With regard to the case, the duration of the closing argument should be reasonable and also should not be less than the time of asserting the claim and presenting evidence. Not having a closing argument in prosecution office is an incomplete proceeding, but it is not necessarily the cause for quashing the sentence in the appeal court, of course the mention court must sit for having the closing argument, then it makes a decision, but the supreme court quashes the sentence and returns the case to the court which make it, so as a closing argument of accused are heard, then judge makes decision.
کلیدواژهها [English]
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