Document Type : Research/Original/Regular Article
Authors
Abstract
One of the principles prevailing over the mix trial systems is dominance of principle of separation of prosecution from investigation in pre-trial stage. According to this principle, investigation of all crimes lies on independent official named judge d'instruction and prosecution of the offences, after performing the pre-trial investigation lies on prosecutor. In accusatory systems, all both of the prosecution and the investigation of the crimes is carried out by the prosecutor. In the former systems, because of the presence of the investigator, prosecutor or the other judicial ones as prosecutor, restrain from intervening in investigation and by the end of investigation, the prosecutor takes over the prosecution of crime in the court. Iranian legislator, although in recent developments in this field accepted the inquisitory system in pre-trial stage, but never has been bounded to the absolute separation prosecutor from investigator that is determination of mix hearing system and in many times, deviated from this principle so that in criminal procedure code 1392, expanded the scope of deviation from this principle and as well as prosecutor, qualified the other judicial ones for performing the pre-trial
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