Document Type : Research Paper
Authors
1 Associate Professor, Faculty of Law, Department of Criminal Law and Criminology, Farabi college, University of Tehran, Qom, iran
2 full professor in linguistics, faculty of Humanities, Department of Linguistics, Tarbiat Modares University, Tehran, Iran
3 Ph.D. Student in Criminal Law & Criminology, Farabi college, University of Tehran, Qom, iran
Abstract
It has become a cliché about the criminal procedure system of Iran that it is a mixed (balanced) system; that is, it uses the characteristics of the inquisitorial system in the preliminary investigation stage, and the characteristics of the accusatorial system in the trial stage. While, by considering the existing theoretical data regarding criminal trials in the two inquisitorial and accusatorial systems (which usually prevail in two legal families, civil law and common law), and looking at the criminal procedure law regulations , from this point of view, this belief is questionable. Therefore, this article tries to answer this question by descriptive-analytical method and by using library data, what are the challenges of the realization of being accusatorial system in trial stage in Iranian law? The finding of this research is that in Iran's criminal trials, the information of the case and the judges play a central role, there is not much contest and confrontation between the parties, and overall, the strains of being inquisitorial in these trials are more prominent than the strains of being accusatorial. Therefore, talking about a "balanced" procedure system is largely misleading and devoid of reality.
Keywords
- Keywords: inquest
- confrontation
- accusatorial procedure system
- inquisitorial procedure system
- mixed procedure system
Main Subjects
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