The Judiciarys Law Journal

The Judiciarys Law Journal

Pre-judicial Supervision on Prosecution and Investigation; Bases and Consequences

Document Type : Research/Original/Regular Article

Authors
1 Instructor, Department of Criminal Law, Faculty of Law, University of Aleppo, Aleppo, Syria; PhD In Criminal Law and Criminology
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran;
3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran
10.22106/jlj.2024.2019936.5720
Abstract
Pre-judicial supervision of investigation and prosecution entails the supervision of actions, judicial and investigative decisions of institutions in charge of prosecution and investigation, especially actions that impact individual rights and freedoms such as detention orders, conducting searches of residences and individuals during the pre-trial phase. The present research is a descriptive-analytical method, while using library tools with scrutiny on the role of prejudicial supervision in controlling the actions of those custodians of prosecution and investigation, explain the importance and position of the said institution in guaranteeing a fair trial, crystallizing the presumption of innocence and determining the principle of balancing the rights of the parties in a criminal lawsuit under the shadow of the principle of rule of law and the principle of jurisprudence. Among the important consequences of the use of the judicial supervision institution is the increase of public trust in the functioning of the judicial system, ensuring its efficiency and preventing the abuse of legal powers by the prosecution and investigation authorities. The findings of the research indicate the confirmation of the effective role of the prejudicial supervision institution in guaranteeing the rights of the litigation parties in a criminal case and reducing the grounds for violation or aggression of their rights.
 
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Volume 88, Issue 128
Spring 2025
Pages 197-226

  • Receive Date 08 January 2024
  • Revise Date 16 July 2024
  • Accept Date 16 October 2024
  • First Publish Date 19 February 2025
  • Publish Date 19 February 2025