The official position of the prosecution under the principle of separation of powers (Case Study: Iran-US)

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eslami reza; sharifian hasan

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Journal Paper

Paper Information

Journal: Legal Research Year:2023 | Volume:25 | Issue:100 Page(s): 179-201

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Information Journal Paper

Title

The official position of the prosecution under the principle of separation of powers (Case Study: Iran-US)

Author(s)

eslami reza | sharifian hasan | Issue Writer Certificate

Keywords

Prosecutor's Office

Independence of Prosecutor's Office

Elected Prosecutor

Judiciary power

Executive power

Abstract

The Prosecutor's Office, as the legal representative of society, plays an unparalleled role in the fight against transgressors. Therefore, it is always at the forefront of confrontation with public rights abusers, that some of them also may have power, which is usually more likely to be violated by the latter. The Prosecutor's Office is also one of the most important public institutions in fulfilling the rule of law and guaranteeing rights and freedoms. However, there is no unified view on the theories of separation on the status of this body in the subset of the three forces. There are three models foe this field: the structure of the executive branch, the structure of the judiciary and the independent prosecution. Each legal system, influenced by its political and historical status, has chosen one of these models, each of which has its strengths and weaknesses. The most important determinant or even limitation of these duties and powers of law is that all encounters, orders, and impediments must be within the framework of the rule of law. Therefore, we will examine the advantages and disadvantages of establishing a public Prosecutor's Office in each judicial or executive branch as well as an independent institution. The article concludes that the establishment of a prosecution office in the executive branch has more benefits and less damage.

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