Institutional oral indictment in order to reduce the length of criminal proceedings

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Kazemi Sayed Sajjad; Chegini Hamed

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ISSN: 2588-4824

Journal Paper

Paper Information

Journal: CULMINATION OF LOW Year:2023 | Volume:9 | Issue:1 Page(s): 293-315

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Title

Institutional oral indictment in order to reduce the length of criminal proceedings

Author(s)

Kazemi Sayed Sajjad | Chegini Hamed | Issue Writer Certificate

Keywords

Oral indictmentQ4

criminal proceedingsQ4

principle of speedQ4

ProsecutionQ4

InvestigationQ4

Abstract

One of the problems of the judicial system that may lead to the failure of a fair trial is the issue of procrastination. In order to resolve this issue and try to provide measures to expedite the Investigation of criminal cases in special cases, the Iranian legislature, without causing any damage to the proceedings, by removing some of the proceedings and with the approval of Article 86 of the Criminal Code. The ICC has come up with a useful solution and approved the Oral indictment for a wide range of crimes. Execution of the Oral indictment is subject to certain conditions, and considering that in the mentioned article, it is possible to present an Oral indictment for all crimes except the crimes mentioned in Article 302 of the Criminal Procedure Code, this issue can be a factor in determining the quick assignment of cases. Despite presenting such a useful strategy for reasons such as the unwillingness of the prosecuting authority, and consequently the lack of a clear procedure for the implementation of those obstacles and ambiguities in its implementation, especially regarding the rights of the accused, issuing security contracts, presence or absence The prosecutor is seen in the hearing and so on. In this research, which has been written analytically-descriptively using library resources, these cases have been studied and, if necessary, a solution has been provided.

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