Examining the formal principles and rules governing the prosecutor's judicial obligations from the perspective of human rights and international documents

Document Type : Original Article

Authors

1 PhD student in Public Law, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

2 Assistant Professor of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran

Abstract

The purpose of this article is to examine the principles and formal rules governing the prosecutor's judicial obligations from the perspective of human rights and international instruments. The method of collecting information is in the form of a library and in the form of taking notes. Data analysis is descriptive-analytical. The principle of impartiality of the prosecution from the perspective of human rights and international documents means non-partisanship and prejudice against one of the parties to the dispute. Impartiality requires that the prosecutor not be prejudiced against the case under consideration and does not allow himself to be influenced by factors outside the case, such as public sentiment, media propaganda, and internal tendencies such as emotional inclinations, family affiliations, ethnicity. , Racial, ideological; Rather, it must base its judgment on objective arguments based on what has been presented in the proceedings. From a human rights perspective, the right of access to a case is one of the basic principles for defendants. The prosecutor's duty in this principle is to handle cases. That the defendants were not allowed access to the file. The courts and ruling judges should be required by law and, as necessary, to enforce laws in order for defendants to have access to their cases.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 1078-1095

Files

Share

How to cite

Statistics