The Aspects of commencement of prosecution in criminal matters

Resumen

One can refer to some of the principles governing over institution of principal prosecution such as legality of prosecution (Article 2 of criminal procedure code approved in 2013), presumption of innocence (Article 4 of aforesaid code), arraignment (op. cit. Article 5), principle of contingency of criminal prosecution (op. cit. Articles 22 and 80), principle of requisite for receiving of security from culprit (Article 217 of aforesaid code), principle of acceleration in prosecution (op. cit., Article 3), principle of summon prior to detainment (Aforementioned code, Articles 168 and 203), and blackmail etc. each of which has devoted to one of the important topics. Observance of all governing principles may be helpful and efficient in facilitation, prosecution, and addressing of rights for citizens and therefore they may create coordination among prosecution institution of Islamic Republic of Iran (IRI) with world standards. The criminal procedure code approved in 2013 has created new order in relations among criminal justice system and their relations between them with limits of powers for their legislations by approval and entry into executive field of courts. The public prosecutor is one of the persons who possess special importance for which some wider range is visible in limits of powers and legislations of this position compared to this code (approved in 1999) with some modern inventions e.g. right of supervision and teachings for public prosecutor in provincial capital and other affiliated public prosecutors and this is assumed as a turning point per se. In addition to chairmanship in public prosecutor”™s office and his tasks in investigation and prosecution, the public prosecutor has other duties such as order to commencement of execution of primary investigations to interrogator, supervision over administrators, and teaching of them and so forth so we will discuss about them in this survey.