Duties of the head of the judicial district to replace the prosecutor

Document Type : Original Article

Authors

1 PhD Student in Criminal Law and Criminology, Damghan Branch, Islamic Azad University, Damghan, Iran

2 Assistant Professor, Faculty of Humanities, Damghan Branch, Islamic Azad University, Damghan, Iran

Abstract

The idea of a fair trial based on the principles and norms of the international human rights system has emerged among various nations over the years, and most domestic laws have built their legal systems on this basis. Considering that the prosecutor has an important role in the process of fair trial in the general sense, including the stage of preliminary investigation, the stage of trial in court and the execution of criminal sentences. Also, the protection of civil rights and legitimate freedoms, in addition to maintaining security and public order, which is one of the most important demands of citizens, has been entrusted to the prosecutor in accordance with the law. Any disruption in the performance of these duties can affect the fair trial process and have irreparable consequences. Because the duties of the prosecutor in the ward are the responsibility of the head of the district jurisdiction and in his absence the trial is alternate. On the other hand, the legislator has made the branches of the district court both the rank and the dignity of the second criminal court. Due to legal obstacles, the head of the judicial district is not able to perform his full duties as the prosecutor in the district court. Therefore, this legal shortcoming, especially in the preliminary investigation stage, especially the monitoring of detention and pre-trial freedoms, while endangering the rights and legitimate freedoms of citizens, can also put security and social order in a vulnerable position.

Keywords

Political Sociology of Iran
Volume 5, Issue 3
June 2022
Pages 589-613

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