The Status and Limits of the Prosecutor’ s Authority in the Criminal Justice System of Iran

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SALEHI MOHAMMAD KHALIL; AFRASIABI ALI

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Journal: CRIMINAL LAW RESEARCH Year:2019 | Volume:7 | Issue:25 Page(s): 191-230

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Title

The Status and Limits of the Prosecutor’ s Authority in the Criminal Justice System of Iran

Author(s)

SALEHI MOHAMMAD KHALIL | AFRASIABI ALI | Issue Writer Certificate

Keywords

Prosecutor

Interrogator

Criminal Prosecution

Preliminary Investigations

Abstract

he present article seeks to answer the following questions: What is the status of the Prosecutor in the criminal proceedings and what authority does the Prosecutor deserve? Does the Prosecutor's authority in Iran's criminal justice system suit his position? In this research, at first, the Prosecutor's position and authority are explained in the desirable model of the criminal investigation process. In light of recognizing the desirable model, one can study the rules of Iranian criminal law. The findings of the research indicate that the Prosecutor is a party to the lawsuit and that his powers should be limited to prosecution and bringing suit in the judicial authorities. In the ongoing criminal proceedings in Iran, a dual position has been guaranteed for Prosecutors: a position of the public Prosecutor and, on the other hand, the impartial position of the judiciary, the investigating judge or the supervisor of the Preliminary Investigations and the provider of the necessary training for the Interrogators. In the existing legal order, the judicial position is not compatible with the position of the public Prosecutor, and it cannot be accepted that the public Prosecutor, at the same time, conducts Preliminary Investigations or supervises the investigating authorities. The results of the research indicate that in order to guarantee the defendant's defense rights, guaranteeing the material and spiritual rights of the victim and guaranteeing the standard of the criminal investigation process, it is necessary to take away the authority to conduct criminal investigations excluding Article 302, as well as the authority related to the supervision of Preliminary Investigations or the provision of education. In this regard, the Interrogator is required to be excluded from the structure of the Prosecutor's office and proceed with the consideration of the unconstrained structure of the jurisdiction.

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APA: Copy

SALEHI, MOHAMMAD KHALIL, & AFRASIABI, ALI. (2019). The Status and Limits of the Prosecutor’ s Authority in the Criminal Justice System of Iran. CRIMINAL LAW RESEARCH, 7(25 ), 191-230. SID. https://sid.ir/paper/266655/en

Vancouver: Copy

SALEHI MOHAMMAD KHALIL, AFRASIABI ALI. The Status and Limits of the Prosecutor’ s Authority in the Criminal Justice System of Iran. CRIMINAL LAW RESEARCH[Internet]. 2019;7(25 ):191-230. Available from: https://sid.ir/paper/266655/en

IEEE: Copy

MOHAMMAD KHALIL SALEHI, and ALI AFRASIABI, “The Status and Limits of the Prosecutor’ s Authority in the Criminal Justice System of Iran,” CRIMINAL LAW RESEARCH, vol. 7, no. 25 , pp. 191–230, 2019, [Online]. Available: https://sid.ir/paper/266655/en

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