Volume 25, Issue 92 (winter 2021)
__Judicial Law Views __2012__, 25(__59__): __224105 |
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tohidi A R, babaei A H, Gayum Zadeh M. Comparative study of prosecutor's authority in the International Criminal Court and the Iranian legal system from the perspective of fair trial. دیدگاههای حقوقی 2021; 25 (92) :87-105
URL: http://jlviews2.ujsas.ac.ir/article-1-1474-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1474-en.html
1- A member of the faculty and a member of the Review Committee of Judges Committee at the Judiciary Research Institute , Tohidi2004@yahoo.com
2- Head of Branch 7 of the Appeals Court of Hamedan Province
3- Faculty member and director of the department of law at Free University of Saveh Branch
2- Head of Branch 7 of the Appeals Court of Hamedan Province
3- Faculty member and director of the department of law at Free University of Saveh Branch
Abstract: (1525 Views)
abstract
prosecutor's office with equal rights in the case The defendant plays an important role in a fair hearing in domestic and international systems. Investigation seeks fair trial requirements in preliminary investigations, in particular the process of initiation of prosecution in International Criminal Court in comparison with Iranian law. Criminal prosecution in the court is of particular importance and mechanism. Mutebs' power of attorney is written by Kamen La's legal systems and entails observing many of the requirements of a fair trial. There is no interrogation body in the court, it is the duty of the prosecutor to investigate and prosecute, all decisions of the prosecutor are under judicial supervision. In Iranian law, the accumulation of multiple powers in the person of the prosecutor, the lack of judicial control over the actions of the prosecutor, the guardianship of the prosecutor, the lack of a speedy review of the lawful departure of many principles of fair trial, such as segregation from prosecution, equality of arms, impartiality, impartiality. It has jurisdiction. The use of the Court's system of criminal prosecution and prosecution has a great deal to do with establishing the principles of fair trial.
Keywords: Comparative study, Prosecutor's authority, Fair trial, International Criminal Court, Penal policy, legal system.
Type of Study: Applicable Research |
Subject:
Criminal Law
Received: 2018/11/19 | Revised: 2022/12/28 | Accepted: 2019/11/28 | Published: 2021/05/01 | ePublished: 2021/05/01
Received: 2018/11/19 | Revised: 2022/12/28 | Accepted: 2019/11/28 | Published: 2021/05/01 | ePublished: 2021/05/01
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