نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
One of the objectives of the trial procedures in the criminal law is observing the citizen’s rights and freedom and providing the accused persons whit defending rights and to achieve a judgment , it looks necessary for the investigator to be independent from being chased by the prosecutor, however based on the article 92 of criminal law (2013), approved in 1392 , the prosecutor is allowed to do the preliminary investigations; including gathering information against the accused , issuance of the accused also commenting about the accused whether he is the guilty or innocence , along with being the responsible for pursuing and performing public litigation against the accused. So the prosecutor’s authority on doing preliminary investigations sometimes looks predominant while , based on the justly trial principles , like the equality of the opponent parties, the neutrality of the judge , disowning security and freedom , it necessitates the independency of the investigators from the prosecution attendant also the complainant should not be in the place of the judge.
کلیدواژهها English
الف) منابع فارسی
ب) منابع عربی
ب) انگلیسی
1- Amnesty international )2014( Fair Trial manual, Second edition, U K , Amnesty international publications
2- Arvo O . karttunen V. Finland, communication No 387/1989
3- Campbell, Henry Black )1991(. Blacks Law dictionary, six edition, United States of America, west publishing co
4- Human rights committee, General comment No . 13 , 1984
5- Humam rigts committee, General comment No 32, 2007
6- Lemmens, Paul (2000). the principle of equality of arms in criminal procedure, leuven (Belgium), leuven Univesity press
7- Olo Bahamande V .Equatorial Guuinea, communication No. 468/1991
8- United Nation, Geneva (2003). human rights in the administration, New York and Geneva, office of the high commissioner for human rights
9- Vladimir Kulomin V. Hangqry, communication No. 521/19925
