Pathology of the differential rules of the prosecutor's office and special clergy court in the preliminary investigation stage

Document Type : Original Article

Authors

1 PhD student of criminal law and criminology, Meibod University, Meibod, Iran.

2 Assistant Professor of Criminal Law and Criminology, Meybod University, Meybod, Iran (Corresponding Author)

3 Assistant Professor of Criminal Law and Criminology, Meibod University, Meibod, Iran.

10.22075/feqh.2023.31456.3671

Abstract

Although in the judicial systems governing different countries, the principle is to refer the public to the public courts in compliance with the uniform procedure; however, based on the policies of the governments in order to meet some interests, the establishment of special judicial authorities with their own procedure has become common. The activity of these authorities will not be an obstacle in the way of obtaining judicial justice as long as the principles of fair and just proceedings are respected in them. The judicial system of Iran is not exempted from this process as it has several special institutions with different purposes. Among them is the Prosecutor's Office and the Special Clergy Court, and in this article, the degree of conformity of the regulation related to it as an alternative to the Law of Procedure with some principles of fair and just proceedings has been investigated. The result of this observation is the existence of a deep contrast with principles such as the independence and impartiality of the judicial authority and the separation of the investigation authority from the prosecution authority. The lack of anticipation of the judicial authority as an investigator in that court, conducting preliminary investigations by the prosecuting authorities, the limitation of prosecutors' powers in investigations, the possibility of special prosecutors interfering in the judicial affairs of the court, and the wide authority of that high authority in the transfer of judges, including the evidence of the realization of this explanation. Are known passing this hurdle makes it inevitable to amend some articles and notes of the regulation.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 17, Issue 40
In Progress
October 2025
Pages 185-212

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