THE PRINCIPLE OF SEPARATION OF PROSECUTOR APART FROM INVESTIGATING JUDGE

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SHAKERI ABOLHASSAN; HADIZADEH REZA

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Paper Information

Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2016 | Volume:7 | Issue:1 (13) Page(s): 0-0

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Title

THE PRINCIPLE OF SEPARATION OF PROSECUTOR APART FROM INVESTIGATING JUDGE

Author(s)

SHAKERI ABOLHASSAN | HADIZADEH REZA | Issue Writer Certificate

Keywords

PREPARATORY INVESTIGATIONQ1

PROSECUTIONQ1

INVESTIGATIVE JUDGEQ2

PROSECUTORQ2

SEPARATIONQ1

Abstract

This essay considers the principle of SEPARATION of PROSECUTOR from investigating judge in criminal procedure.in Iranian penal code 2013/1392, assignment of investigating official apart from PROSECUTOR indicates accepting the principal.This refers to the independence of investigating official in his duties and noninterference of him in PROSECUTION. However the purpose of SEPARATION is not absolute. Administering and necessary teaching and request completion of investigation is not contrary to the principle. Moreover in some exceptional cases, the principle can be excluded necessarily and immediately. Positive step of penal procedure is that investigating by PROSECUTOR is subjected to shortage of investigating official. In addition to, the other favorable changes are explicit expression in cases such as impossibility to returning the case referred to the investigating judge, the need for referring in exceptional circumstances that the investigating judge starts the investigation directly. However some cases of violation of this principle can be found in law of Iran. For example, it can' t be said the principle is being observed when unchaste behavior is raised directly in the court.

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APA: Copy

SHAKERI, ABOLHASSAN, & HADIZADEH, REZA. (2016). THE PRINCIPLE OF SEPARATION OF PROSECUTOR APART FROM INVESTIGATING JUDGE. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 7(1 (13)), 0-0. SID. https://sid.ir/paper/355972/en

Vancouver: Copy

SHAKERI ABOLHASSAN, HADIZADEH REZA. THE PRINCIPLE OF SEPARATION OF PROSECUTOR APART FROM INVESTIGATING JUDGE. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2016;7(1 (13)):0-0. Available from: https://sid.ir/paper/355972/en

IEEE: Copy

ABOLHASSAN SHAKERI, and REZA HADIZADEH, “THE PRINCIPLE OF SEPARATION OF PROSECUTOR APART FROM INVESTIGATING JUDGE,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 7, no. 1 (13), pp. 0–0, 2016, [Online]. Available: https://sid.ir/paper/355972/en

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