The Role of the Prosecutor in Protecting the Rights and Freedoms in Iran's Criminal Law

Document Type : Technical-Scientific

Authors

1 Assistant Professor at Faculty of Islamic Sciences and Law of Imam Sadiq University

2 MA in Criminal Law and Criminology of Imam Sadiq University

Abstract

In accordance with Article 156 of the Constitution, "the Judiciary has been the sponsor of individual and social rights," one of its major tasks being "reviving public rights and promoting justice and legitimate freedoms." It is not inconceivable that one of the most important pillars of the judiciary in pursuing such a goal is the prosecutor. On the other hand, the perpetration of crime can be regarded as the most obvious manifestation of the impairment of the rights and freedoms of individuals and the community, and the proper functioning of the prosecutor in the field of criminal law can broadly promote the rights and freedoms of the public. In the same vein, the prosecutor's authority to protect his rights and freedoms could be seen in various stages of the operation and reaction of the criminal system. Accordingly, how can criminal systems respond to the criminal phenomenon in six distinct phases - prevention, detection, prosecution, investigation, prosecution and, ultimately, the enforcement of punishment. The present paper seeks to examine the quality of the prosecutor's role in protecting the rights and freedoms in the first three stages, based on Iran's criminal law.

Keywords