Thesis:

Innovation of the Islamic Penal Code and the Criminal Procedure Code approved in 2012 regarding the position of the victim

The victim is one of the main pillars of the criminal process and the criminal phenomenon, and it is a fact worthy of attention that he has been given less value in the criminal justice systems. Various factors are involved in the occurrence of crime, and one of these factors is the role of the victim in the occurrence of the crime, which cannot be ignored. This research aims to investigate the innovation of the Islamic Penal Code and the Criminal Procedure Code approved in 2012 regarding the position of the victim and was carried out in a descriptive-explanatory way. The results showed that in the new version of the Criminal Procedure Law, the rights of the victim and its effects based on human rights standards have undergone important developments and the legislator's attention and support is from the starting point of the criminal process, which is at the head of it, the right to security and It is to preserve his identity. The studies showed that the approach of the current law of the criminal procedure of Iran, compared to the previous laws on it, has included a participatory and active role for the victim in the course of preliminary investigations. The provision of innovative rights in the aforementioned law, including the explicit and transparent protection of the victim's security against possible threats, as well as the need to preserve his identity, indicates the provision of a platform for greater participation of the victim in the declaration, discovery, prosecution and investigation of the crime. The Islamic Penal Code Bill does not use a unified terminology in the field of victims and thus does not provide a clear and specific place for them in the criminal justice system. Despite this, innovations and improvements - especially compared to the Islamic Penal Code 1370 - are seen in this bill, which indicates the attention and awareness of the authors to the findings and theories of criminology and the importance of their reflection in criminal laws and better implementation of criminal justice. For example, the philosophy of the principle of victim-oriented personal jurisdiction, as one of the most important principles of international criminal law, revolves around the protection of the victim. Also, this bill has emphasized on the protection of the rights of the victim regarding the implementation of financial punishments.

Keywords: innovation, Islamic Penal Code, Criminal Procedure Code approved in 2012, position of the victim.