Influence of criminal prosecution system on charges of prosecution

Type : Research Article

Authors

1 PhD student in Criminal Law and Criminology, Lahijan Branch, Islamic Azad University, Guilan, Iran.

2 Associate Professor, Department of Criminal Law and Criminology, Allameh Tabatabai University, Tehran, Iran.

3 Assistant Professor, Department of Criminal Law and Criminology, Allameh Tabatabai University, Tehran, Iran.

Abstract

The evolution of substantive laws and forms in different societies is a reflection of criminal thought. Historical studies by law scholars have shown that the political, cultural, religious, and geographical structure of societies has been the main cause of the formation and modification of laws and the style of dealing with crime and justice since its inception. The evolution of justice systems reflects the evolution of human thinking on one of the most important issues in human societies. The presence and role of prosecution authorities in different historical periods has been the focus of different jurisdictions, and accordingly, the laws of the jurisdiction of countries have changed frequently. These changes focus on one's interests, social issues, and sometimes both. Prosecution has long been regarded as one of the key pillars of criminal justice. In this regard, the evolution of the role of the prosecuting authority in different historical periods should be studied and extracted through criminal proceedings. What changes have been made during the prosecution process? On the other hand, what are the differences between the prosecution authorities in the signatory countries that currently have the prosecution system? And what is the cause of those differences? In order to answer the questions raised at the outset, it was necessary to examine specifically and precisely the history of the accusative justice system from the outset of the Sumerian and Babel governments. In this regard, the principles and characteristics of this system were studied in a specialized manner. During different periods and based on various political and social changes, the legal and governmental view of the criminal systems and the status of those involved has greatly changed. Studying the role of the prosecutor assigned to a particular person at different times and in different countries, and therefore using the term prosecuting authority, requires investigating the position of other prosecutors and criminal systems. The role of prosecution authorities in the prosecution phase of the prosecution process has also been specifically explored in the context of the evolution of the two countries, the United Kingdom and the United States, due to their avoidance of disclosure.

Keywords

Journal of Islamic Law Research
Volume 21, Issue 2 - Serial Number 52
September 2020
Pages 461-482

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  • Received: 27 June 2020
  • Revise: 28 August 2020
  • Accepted: 10 September 2020

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