The Judiciarys Law Journal

The Judiciarys Law Journal

Summoning the Accused in an Informed Position

Document Type : Research/Original/Regular Article

Authors
J
Abstract
According to Article 204 of the Criminal Procedure Law (2013), the investigating authority can, at his own discretion or by introducing the plaintiff or at the request of the accused or according to the declaration of the relevant authorities such as the prosecutor or the court judge, the person whose presence or investigation is necessary to clarify the issue. Summon as an informant. According to Iran's judicial practice, an important question that occurs to mind from this legal article is whether the investigating authority can summon the accused or the defendant who has no or insufficient reason to commit a crime, as an informant? In the judicial procedure, it is common to summon the accused as an informant, and the legal department of the judiciary has also confirmed this procedure in its advisory theories; However, according to the provisions of Chapter Six, Part Two of the Criminal Procedure Law, the Prosecutor's Office and the Supreme Criminal Court of Judges consider summoning the accused as an informant, is not in accordance with the legislator's point of view, and it is considered a criminal offense. While criticizing the judicial procedure, based on the arguments presented in this article, the authors examines the issue in an analytical and descriptive manner, focusing on the decisions of the Judges' disciplinary prosecution.
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Volume 88, Issue 126
Autumn 2024
Pages 221-248

  • Receive Date 21 July 2023
  • Revise Date 09 September 2023
  • Accept Date 01 December 2024
  • First Publish Date 01 December 2024
  • Publish Date 22 September 2024