The pre trial investigation model of without barrier in Iran, comparison with the judicial supercision of pre trial chamber of ICC

Document Type : Original Article

Authors

1 Phd of criminal law and criminology from Tehran university-Visiting Lecturer of Shiraz university

2 master student of criminal law and criminology shiraz university

10.29252/jlr.2022.222240.1925

Abstract

There are two structural models of criminal procedure in different countries; with and without barrier models. In with barrier model, the pre-trial investigator (prosecutor or investigation judge) has no authority to take legal action that conflicts with the right to privacy or the right to liberty and these actions are in the hands of another independent and neutral judicial authority who has not been engaged in Investigation and gathering evidence related to the crime. In this model, if the prosecutor or investigator deems it necessary to detain or enter someone's privacy, he or she, as an applicant, submits his or her application to the supervising judge. On the contrary , in the model without barrier, the investigation judge or prosecutor makes independent decisions in these cases, and, of course, the possibility of challenge against their decisions is not an example of judicial supervision. In International Criminal Court, the prosecutor is under the judicial supervision of pre-trial chamber, and detention or entering the privacy of individuals will be issued at the request of the prosecutor by this chamber. For this reason, this Court has based on the model with barrier. in Iran's criminal procedure, there has never been an impartial supervisor judge in the pre-trial investigation stage. This approach is far from fair trial standards, and using the International Criminal Court's trial model will be helpful in resolving the defects of Iranian crimainl procedure.

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References

 
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History

  • Receive Date: 08 June 2021
  • Revise Date: 28 October 2021
  • Accept Date: 28 January 2022

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