Journal of Criminal Law Research

Principle of Impartiality Principle in Challenges and Solutions in Iran's Proceedings

Document Type : Research Paper

Authors

Ali Dehghani 1
Mohammad Ashouri 2
Mansour Rahmdel 3

1 PhD in Criminal Law and criminology, Faculty of law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Thran, Iran

2 Professor of Criminal Law and Criminology (Supervisor), Criminal Law Department, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran Branch, Iran

3 Assistant Professor of Criminal Law and Criminology (Advisor), Department of Criminal Law, Faculty of Law, Theology and Political Science, Central Tehran Branch, Islamic Azad University, Tehran Branch, Iran

https://doi.org/10.22054/jclr.2022.36537.1779
Abstract
One of the requirements and guarantees of the principle of neutrality is to conduct preliminary investigations by an independent judge and to distinguish the prosecutor from the investigating authority.In this regard,the investigator entered the structure of the department of justice and the prosecutor's powers were prosecuted as a party to the limited criminal proceedings.Although the principle of impartiality and the necessity of observance of it in Article 3 of the Criminal Procedure Code of our country have been emphasized,but its requirements and aspects Particularly in the preliminary stage of the preliminary investigation, officials have been neglected.In the same way, prosecutors still have the power to investigate and arrest the defendants in a large number of crimes and the investigator does not have complete independence in conducting investigations.Moreover,despite the adoption of the judiciary system,in some crimes and in the courts of the section,the system of public courts (all stages of proceedings by the judge of the unit( are applied,which is contrary to the principle of neutrality.In this article, the principle of neutrality and its components in the preliminary investigation and the degree of adherence of the legislator of our country to the requirements of this principle have been analyzed.

Keywords

Principle of Impartiality
Initial Investigations
Neglected Neutrality
Neutrality of Judgesَ
 
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Journal of Criminal Law Research
Volume 10, Issue 39
Spring 2022
Pages 9-37

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