Judicial Law Views Quarterly (Law Views)

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shamloo B, khosroshahi G A, mehdipour moghadam A. Legislative Legal Frameworks to for the Status of Indictment in the form Process of Procedural Proceedings. دیدگاه‌های حقوقی 2018; 23 (83) :105-127
URL: http://jlviews2.ujsas.ac.ir/article-1-1416-en.html

Because of the prominentce role of indictment in criminal proceedings, it is important to discuss legal frameworks witch can strengthen the status of indictment. Apart from Article 66 of the Criminal Procedure Code 1392 there are various provisions that can much better illustrate the status of indictment. On the one hand, Indictment is similar to concepts such as crime complaints and crime reports, that have not properly separated by the legislators, and On the other hand, attention must be paid to the criminalization of indictment in aspects such as personality of indictor and the process which can strengthen the behavior of indictor. However, a form of theoretical and practical development of resort to indictment can be obtained accurately in the criminal laws; because a kind of protection for indictment’s position is to classify instances of indictment, for example non indictment, postponing indictment, prevention of indictment and delay or lack of attention to the prosecution of a reported crime. But these classifications are probable and without integrity. Consequently, it seems that paying comprehensively attention to legal backgrounds and lack of legislations about indictment can improve objects of this legal institution and effectiveness of indictors.