Alireza Jamshidi; Alireza Noorian
Volume 1, Issue 3 , July 2013, , Pages 143-161
Abstract
The appropriateness of criminal prosecution means that the prosecutor isable to stop the process of prosecution. Namely, the prosecutor does nothave the authority to initiate a prosecution if he believes that investigationwould not serve the interests of justice. In England’s Legal System, theabove- ...
Read More
The appropriateness of criminal prosecution means that the prosecutor isable to stop the process of prosecution. Namely, the prosecutor does nothave the authority to initiate a prosecution if he believes that investigationwould not serve the interests of justice. In England’s Legal System, theabove- mentioned principle has been considered as one of the mainprinciples applying on the process of prosecution. This principle has notbeen mentioned expressly in Iran's Criminal Procedure Code, but some ofthe provisions of this Code— for example, the fact that the prosecutor canstop the process of prosecution— have confirmed this issue. The draft ofIran ‘s Criminal Procedure Code, which nowadays is passing its final stagesof being approved in the Islamic Consultative Assembly, attempted to basesome provisions of this Code on this principle, although it has someproblems
