Jurisprudence and Legal Bases of the Prosecutor's Objection to Judicial Opinions

Document Type : Technical-Scientific

Authors

1 Department of Law , ُ Shahreza Branch, Islamic Azad University, Isfahan, Iran.

2 Department of Criminal Law and Criminology, Isfahan Branch, Islamic Azad University, Isfahan, Iran.

Abstract

In general, the right of the prosecutor to protest against the decisions of the courts is foreseen as one of their powers in the legislative and judicial system of the country, so that in addition to vindicating the rights related to the criminal case, an effective step is taken in the direction of achieving justice. The purpose of this research is to know and explain the basic principles of the prosecutor's right to protest against the decisions issued by the courts, to understand the importance of the role of the prosecutor in exercising this right and its effect on the realization of a fair trial. This research has been done with a descriptive analytical method through library studies related to the subject. The results of the research indicate that the prosecutor's objection to the judicial decisions has solid jurisprudence and legal foundations, which include the jurisprudence rule and the jurisprudence rule as well as the obligation to remove and repel oppression. And its legal foundations are also the theory of maintaining public order, the idea of preserving individual rights and freedoms, protection of public rights, supervision of law enforcement and humanitarian and human rights considerations.

Keywords

Judgment
Volume 21, Issue 108
December 2021
Pages 129-149

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History

  • Receive Date: 15 January 2022
  • Revise Date: 14 February 2022
  • Accept Date: 27 February 2022

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