Prosecutor's Role in Ensuring the Rights of the Accused in the Iranian Islamic Law and Common Law Legal System

Subject Areas :

Faramaraz Sanjarani ¹ , Fakhr Hossein ² , Reza Fani ³ , Abbas Ali Akbari ⁴

1 - PhD student in criminal law and criminology, Department of Criminal Law and Criminology, Tabriz Branch, Islamic Azad University, Tabriz, Iran. [e-mail]
2 - assistant professor, Department of Law, Faculty of Law and Social Sciences, Tabriz University, Iran.(corresponding author) [e-mail].
3 - Assistant Professor, Fiqh and Islamic Law Department, Shahid Madani University of Azerbaijan, Tabriz, Iran. [e-mail]
4 - [e-mail]

Received: 2022-12-31 Accepted : 2023-06-09 Published : 2023-09-21

Keywords: accused, Fair trial, prosecutor, Prosecutor's Office, Defense rights if the accused,

Abstract :

The accused person should have some tools to prove his/her innocence. Because this person has a special position in the criminal proceedings while the sovereignty. Some cases have led to the Iranian legislator ignorance of accused person's right in the process of approving the criminal procedure Law in 2012. These cases are: Iran Criminal Justice System's effectiveness from the inspection system and its limitation like the impossibility of lower's interference during the investigation, ignoring the requirements of a fair trial, working the same authority for referral, prosecution, investigation, trial and execution of the sentence, and the same failure to foresee a differential trial for some crimes such as crimes against security. Prosecutor's office is the first judicial institution in dealing with crime, which has a very vital and fundamental role in filing and creating criminal cases, maintaining their order and creating social and judicial security. We tried to use a descriptive and analytical method in collecting contents from library sources, to evaluate the fundamentals and general principles and provisions governing the accused person's rights and prosecutor's role in this field of Iran legal system and common law. The criminal justice system of our country can be closer to the new criminal justice systems in future developments by localization of some available executions guarantees in the common law.