The Most Important Practical Challenges to Dealing Directly with Some of the Crimes in the Court Instead of the Prosecution Institution in the Present Criminal Law of Iran

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Saeedi Abooeshaqi Hojatollah; POORBAFRANI HASSAN

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Journal Paper

Paper Information

Journal: COMPARATIVE LAW REVIEW Year:2019 | Volume:9 | Issue:2 Page(s): 709-731

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Information Journal Paper

Title

The Most Important Practical Challenges to Dealing Directly with Some of the Crimes in the Court Instead of the Prosecution Institution in the Present Criminal Law of Iran

Author(s)

Saeedi Abooeshaqi Hojatollah | POORBAFRANI HASSAN | Issue Writer Certificate

Keywords

Prosecution Institution

Court

Primary Researches

Crime Without Indictment

Crimes With Indictment

Abstract

The Code of Criminal procedure (2013) with it its last reforms was adopted in 2015. This code was enactedto overcome defects of the previous rules of criminal procedure in Iran and to better realize the criminal justice. Although٫ this code has several advantages, it has brought about controversies among lawyers. In other words this code has caused confusion amomng judges٫ solicitors and lawyers. Thus, this paper will consider three important issues, which is reflected in the title of the article, namely, the challenges of the subjective jurisdiction of the prosecuting authority in the crimes involving direct trial of the Court, Is he/she the prosecutor or the master of justice? It is also explained in the conclusion that if the referral of such a matter to the prosecution, Should be interrogator inappropriate, or send it to the Court without issuance of the ineligibility of the case? Does the prosecutions have the right to disagree with the Court? And finally the paper has also presented strategies which for better implementation of the law or at least to be considered by the legislator in the next reforms of the law.

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APA: Copy

Saeedi Abooeshaqi, Hojatollah, & POORBAFRANI, HASSAN. (2019). The Most Important Practical Challenges to Dealing Directly with Some of the Crimes in the Court Instead of the Prosecution Institution in the Present Criminal Law of Iran. COMPARATIVE LAW REVIEW, 9(2 ), 709-731. SID. https://sid.ir/paper/750723/en

Vancouver: Copy

Saeedi Abooeshaqi Hojatollah, POORBAFRANI HASSAN. The Most Important Practical Challenges to Dealing Directly with Some of the Crimes in the Court Instead of the Prosecution Institution in the Present Criminal Law of Iran. COMPARATIVE LAW REVIEW[Internet]. 2019;9(2 ):709-731. Available from: https://sid.ir/paper/750723/en

IEEE: Copy

Hojatollah Saeedi Abooeshaqi, and HASSAN POORBAFRANI, “The Most Important Practical Challenges to Dealing Directly with Some of the Crimes in the Court Instead of the Prosecution Institution in the Present Criminal Law of Iran,” COMPARATIVE LAW REVIEW, vol. 9, no. 2 , pp. 709–731, 2019, [Online]. Available: https://sid.ir/paper/750723/en

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