an Analysis of the Right to Dispute Jurisdiction between the Court and the Prosecutor’, s office from the Perspective of Initiating the Preliminary Investigation,An End to Discrepancies in the Judicial Precedent

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AFKAR HAMID

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Journal Paper

Paper Information

Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2023 | Volume:5 | Issue:17 Page(s): 39-62

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Information Journal Paper

Title

an Analysis of the Right to Dispute Jurisdiction between the Court and the Prosecutor’, s office from the Perspective of Initiating the Preliminary Investigation,An End to Discrepancies in the Judicial Precedent

Author(s)

AFKAR HAMID | Issue Writer Certificate

Keywords

jurisdiction

prosecutor’

s office

court

settlement of disputes

preliminary investigations

Abstract

The divergence of opinion concerning the issue of jurisdiction between the prosecutor's office and the court concerning initiation of preliminary investigation is a challenge about which the law is silent and despite the fact that it has not been given special attention in research sources, there are many differences in this regard in judicial precedent. In this research, an attempt has been made to delineate the position of courts in the process of preliminary investigation and to examine ideas that can be proposed concerning the disputed issue, by a descriptive-analytical method, using certain decisions found in the judicial precedent. In conclusion, an effort is made to reduce discordance in judicial decisions in this area by suggesting a suitable method. In this regard, opinions regarding the absolute or relative compliance of the prosecutor's office with the court in conducting preliminary investigations can be presented. The unconditional acceptance of the decisions of the court by the prosecutor's office, which is due to the consideration of the difference in the position of these two bodies in the handling of criminal cases, and the fact that the prosecutor’, s office is an accompaniment to the court, is more compatible with the hierarchical perspective and the joint position of the prosecutor's office and the court in the field of preliminary investigations and the preservation of the judicial independence of the investigator to determine jurisdiction strengthens the perspective that upholds relative subordination of the prosecutor's office to the court. Accepting the latter point of view, it is of particular importance to specify the body that settles disputes, and legal criteria and judicial expediency justify the acceptance of the provincial appellate court as the body empowered to do so.

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APA: Copy

AFKAR, HAMID. (2023). an Analysis of the Right to Dispute Jurisdiction between the Court and the Prosecutor’, s office from the Perspective of Initiating the Preliminary Investigation,An End to Discrepancies in the Judicial Precedent. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 5(17 ), 39-62. SID. https://sid.ir/paper/1039404/en

Vancouver: Copy

AFKAR HAMID. an Analysis of the Right to Dispute Jurisdiction between the Court and the Prosecutor’, s office from the Perspective of Initiating the Preliminary Investigation,An End to Discrepancies in the Judicial Precedent. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2023;5(17 ):39-62. Available from: https://sid.ir/paper/1039404/en

IEEE: Copy

HAMID AFKAR, “an Analysis of the Right to Dispute Jurisdiction between the Court and the Prosecutor’, s office from the Perspective of Initiating the Preliminary Investigation,An End to Discrepancies in the Judicial Precedent,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 5, no. 17 , pp. 39–62, 2023, [Online]. Available: https://sid.ir/paper/1039404/en

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