Journal of Legal Research

Journal of Legal Research

An Analysis of the Challenges of Victim Involvement in the Policing Stage

Document Type : Original Article

Authors
Fazlollah Foroughi 1
Shabnam Jahangiri 2
1 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.
2 PhD Student in Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.
10.48300/jlr.2024.449978.2604
Abstract
The victim's first encounter after suffering victimization is with the police. Disregarding the rights and needs of the victim in the policing stage and failing to utilize their capacity in crime detection and evidence collection leads to secondary victimization and deprives the police of their effective cooperation. In this regard, the Iranian Criminal Procedure Code of 2013, influenced by the teachings of victimological criminology, has recognized the strengthening of the victim's status and role in the policing stage. Nevertheless, in current police practice and procedure, the victim faces serious challenges. These challenges are at times a product of the non-implementation of the rights provided for in the said Code, due to the lack of legal enforcement guarantees or the failure of judicial authorities to implement sanctions precisely and as a deterrent; and in numerous cases, they stem from the absence of legal protections and initiatives. This study aims to delve into the challenges of victim involvement in the policing stage. In so doing, using a descriptive-analytical framework and drawing upon primary sources, studying cases within the judicial system, and observing the conditions of victims through field presence at law enforcement agencies, the researchers seek to delineate the challenges faced by victims in the policing stage. Findings indicates that legal challenges (treating the victim as an outsider, lack of proper mechanisms for providing information and legal assistance, absence of female officers in police investigations of female victims, insufficient personnel training and skills for understanding the victim, failure to refer to forensic medicine or undue delay in such referral, non-acceptance of complaints and indifference to the harm inflicted on the victim in the final report, disclosure of the victim's identity and address, and imposing the costs associated with police duties on the victim) and extra-legal challenges (lack of effective police cooperation with the victim, absence of or disproportionality of precautionary measures, considerations of kinship, friendship, and the victim's reputation, seizure of the victim's property or lack of an expedited process for its release, and the necessity of establishing a victim support unit) overwhelm the victim at this stage.
Keywords
Criminal Procedure Code of 2013
Victim
Policing Stage
Legal Challenges
Extra-Legal Challenges
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Journal of Legal Research
Volume 24, Issue 63
Autumn 2025
Pages 79-116