The Opportunity of Penal Prosecution in the Criminal System of Iran with a Comparative Look

Document Type : Original Article

Authors

1 (Associate professor at University of Qom)

2 (Assistant professor at University of Qom)

3 (A PhD student of Criminal Law & Criminology)

Abstract

The Criminal justice system makes the defendant (accused) enter in a process which if proved it will be followed penalties for him. Sometimes this circumstance is changed and despite the sufficient evidences and offensive conduct (behavior), the prosecutor instead of indictment, files the charge document or suspends the prosecution. Giving this great authority before trial is in contrast with the criterion of the legality of the prosecution and showing the situational approach. Because of the standard of the legality of the prosecution, the Iran criminal system does not pay more attention to this approach. This note is going to determine the origin, bases and the scope of this approach in the criminal systems of Iran with a comparative approach to the law of Germany, France, England, USA and Iran. The research consequences show that although the situational approach is rooted in the common law and the countries follow this system take much notice to it, but gradually, the Romano Germanic Law (Civil Law) systems have moved to accept some manifestations of this approach. The situational approach is based on the utilitarian approach and in the case of the correct implement, it will have four functions: the reduction of the litigation costs (court costs), the prevention of Labeling, the reduction of the criminal subject and checking files for adjudication. Islamic Penal code of Iran can get these four benefits with making this approach broaden more.
 

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