Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

Establishment of the Step of Laying charges in Iranian Law with a Glance at English Law (from Requirements to Providing an Appropriate Model)

Document Type : scientific research paper

Authors
Adnan Omranifar 1
Mehdi Sheydaeian 2
Hassan Alipur 3
1 Graduated with a specialized doctorate in criminal law and criminology from Tehran University. Tehran. Iran
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran. Tehran. Iran
3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran. Tehran
10.22034/law.2024.2035683.1415
Abstract
Laying Charges, as the first step of the criminal process, and referred to as the gate of the criminal justice system, has no room in Iranian law. While it has proven to be effective in countries, such as England, that have a common law system, and in addition to filtering the cases that enter the criminal process, upon suspicion that a crime may have been committed, a police officer or prosecutor has the discretionary power to either close the case at this step or refer the case to the next step, i.e. the step of prosecution and investigation; Therefore, establishment of this step in Iranian law, in the absence of the necessary requirements and provision of an appropriate model, and without sufficient attention to scientific and systematic mechanisms and careful consideration, would not only prove fruitless and fail to achieve the goals of criminal law in establishment of the aforementioned institution, but would face certain defeat.
In the meantime, many criminologists today seek to introduce preventive solutions to crime by presenting modern criminological schools and ideas and provide grounds for its prevention. However, unfortunately, sometimes the criminal justice system itself, disregarding the importance of the step of laying charges and without clear bases, brings people into the criminal justice process, and this action alone may destroy the efforts of criminal law thinkers.The current research, employing a descriptive-analytical method, following an examination of the subject of the research in a comparative manner, considers the main requirements of the step of laying charges to include the scope of the amount of punishment; measuring the degree of judicial importance and taking into consideration individual-biological and social-personality factors, and to implement the laying charges in an appropriate model in Iranian law, regardless of the leaning of the judicial system towards the accusatory system at the step of the prosecutor’s office, proposes measures that include consideration of the legal, systematic, rehabilitation, laying charges and conviction capability.
Keywords
laying charges
gate of criminal justice
ability to convict
common law
appropriate model

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