خلاصة:
Prosecutor’s office officials are one of the most important pillars of the judiciary due to the important duties and powers they have from the stage of crime detection to indictment. Due to the extensive duties and powers of the prosecutor, the possibility of delegating and referring cases to deputies and prosecutors is of particular importance. Because the prosecutor, on the one hand, has the administrative head of the prosecutor's office and oversees the proper implementation of the law, on the other hand, according to the law, he can intervene in the investigation. Unlike the investigator, who is basically independent of the prosecutor, the prosecutor, as a judicial official of the prosecutor's office, is not independent of the prosecutor and can perform other duties of the prosecutor on behalf of the prosecutor in addition to the preliminary investigation. The need for the prosecutor to obey the prosecutor is not absolute and is limited to the type and nature of the duties that the prosecutor assigns to him or refers to him, and he is therefore obliged to obey the prosecutor. The main purpose of this article is to examine the possibility of delegating the authority to request a referral from the prosecutor to the deputy and the prosecutor. Because the law deals with referral procedures and does not mention referring it to other judicial authorities of the prosecutor's office.
ملخص الجهاز:
1- The position and powers of the prosecutor in supervising the judicial officials of the prosecution office According to Article 23 of the Criminal Procedure Code passed in 2013, "The prosecution office is formed under the presidency of the prosecutor and has as many deputies, assistant prosecutors, investigators, and administrative staff as necessary.
1-3-3- Absolute acceptance of delegation of power to the deputy prosecutor According to ruling No. 9809970909001795 dated 2020/02/01 of the second branch of the Supreme Court: "Considering that the complainant resides in Tehran and the defendant resides in Shahriar, and the Public and Revolutionary Prosecutor of District 5 of Isfahan has requested the referral of the case to the Public and Revolutionary Prosecutor's Office of Shahriar, therefore, based on Clause A of Article 429 of the Criminal Procedure Code approved in 2013, the case is referred to the Public and Revolutionary Prosecutor's Office of Shahriar for investigation.
" 3-3-3- Acceptance of delegation of power to the deputy prosecutor in each case (not in a general manner) According to ruling No. 990997093710054 dated 2020/10/18 of the forty-seventh branch of the Supreme Court: "Considering Article 418 of the Criminal Procedure Code approved in 2013, which places the request for referral of a case from one province to another within the authority of the prosecutor or the head of the judicial district.
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