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Information Journal Paper

Title

Compulsion (legality) and appropriateness of prosecution and its manifestation in the rules of Iranian criminal procedure and the International Criminal Court

Pages

  70-93

Abstract

 Prosecution of the accused is one of the main steps of the criminal prosecution process, which has been included among the powers and duties of the competent authority in the matter of prosecution in order to preserve individual and social interests. The decision to prosecute, in accordance with the rules of Iranian national proceedings, and in the field of international criminal law in accordance with the Statute of the International Criminal Court, is borne by the prosecutor. The study of the provisions of Iranian criminal law, along with an examination of the provisions of the Statute of the International Criminal Court as a valid and standard document on how to organize criminal proceedings through the confrontation of the two systems of mandatory or appropriate prosecution, help to better delineate the powers and duties of prosecutors. In the structure of Iranian regulations on criminal procedure, institutions such as discontinuance of prosecution, archiving of cases, mediation and suspension of prosecution are deemed as necessary institutions for recognition of the appropriateness of the prosecut1ion system that, with the approval of the Code of Criminal Procedure adopted in 2014, have emerged out of scattered and special laws and have assumed the comprehensive aspect. Moreover, in the light of Article 53 of the Statute of the International Criminal Court and the procedure governing the proceedings of this Court, it can be said that the International Criminal Court, despite the fact that it has adopted the model of compulsory prosecution as its principle or basis, has also paid attention to the principle of appropriateness of prosecution and the interests of justice and Reasonable Basis. Therefore, in some cases the Statute has left non-prosecution of the accused to the discretion of the prosecutor. In addition, anticipation of institutions such as deferral of investigation or prosecution, complementary jurisdiction in the provisions of the Statute and the precedent of the International Criminal Court are also considered as indicators that suggest recognition and application of a system based on appropriateness of prosecution in the rules and precedent of this Court.

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  • Cite

    APA: Copy

    REZAGHOLIZADEH, EBRAHIM. (2021). Compulsion (legality) and appropriateness of prosecution and its manifestation in the rules of Iranian criminal procedure and the International Criminal Court. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 4(12 ), 70-93. SID. https://sid.ir/paper/415828/en

    Vancouver: Copy

    REZAGHOLIZADEH EBRAHIM. Compulsion (legality) and appropriateness of prosecution and its manifestation in the rules of Iranian criminal procedure and the International Criminal Court. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2021;4(12 ):70-93. Available from: https://sid.ir/paper/415828/en

    IEEE: Copy

    EBRAHIM REZAGHOLIZADEH, “Compulsion (legality) and appropriateness of prosecution and its manifestation in the rules of Iranian criminal procedure and the International Criminal Court,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 4, no. 12 , pp. 70–93, 2021, [Online]. Available: https://sid.ir/paper/415828/en

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