STUDING THE GLOBAL TENDENCY TO ABOLISH “EXAMINING MAGISTRATE”

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YOUSEFI E.

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Paper Information

Journal: LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY) Year:2012 | Volume:3 | Issue:2 (5) Page(s): 215-233

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Information Journal Paper

Title

STUDING THE GLOBAL TENDENCY TO ABOLISH “EXAMINING MAGISTRATE”

Author(s)

YOUSEFI E. | Issue Writer Certificate

Keywords

EXAMINING MAGISTRATEQ2

PROSECUTORQ2

MODELS WITH EXAMINING MAGISTRATEQ2

MODELS WITHOUT EXAMINING MAGISTRATEQ2

Abstract

Currently there are two models of with and without EXAMINING MAGISTRATE in the world. In The model with the EXAMINING MAGISTRATE, the prosecution and investigation are separated; the first is for PROSECUTOR and the second for EXAMINING MAGISTRATE. In contrast, in the model without EXAMINING MAGISTRATE, the PROSECUTOR has the duty to investigate and prosecute crimes. EXAMINING MAGISTRATE is facing plenty of criticism and challenges nowadays. Changes and developments in countries such as Germany and Italy which had the model with EXAMINING MAGISTRATE and the experience of the ICC show the universal tendency to abolish the EXAMINING MAGISTRATE and replace it with investigating judge whose absolute duty is supervising PROSECUTOR functions. This observation is in bold where the PROSECUTOR's actions could be detrimental to the freedom of individuals and their privacy. For example in Germany and Italy the PROSECUTOR cannot issue detention order. Nevertheless in Iranian criminal procedure bill, the model with EXAMINING MAGISTRATE has been accepted.

Cites

THE PHASE OF DECISION FOR SUFFICIENCY OF EVIDENCE PROVING IN IRAN AND AMERICA'S PRETRIAL INVESTIGATION

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APA: Copy

YOUSEFI, E.. (2012). STUDING THE GLOBAL TENDENCY TO ABOLISH “EXAMINING MAGISTRATE”. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), 3(2 (5)), 215-233. SID. https://sid.ir/paper/223573/en

Vancouver: Copy

YOUSEFI E.. STUDING THE GLOBAL TENDENCY TO ABOLISH “EXAMINING MAGISTRATE”. LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY)[Internet]. 2012;3(2 (5)):215-233. Available from: https://sid.ir/paper/223573/en

IEEE: Copy

E. YOUSEFI, “STUDING THE GLOBAL TENDENCY TO ABOLISH “EXAMINING MAGISTRATE”,” LEGAL STUDIES (JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY), vol. 3, no. 2 (5), pp. 215–233, 2012, [Online]. Available: https://sid.ir/paper/223573/en

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