Comparative Analysis between Traditional and Modern Criminal Procedure Code


  •  Sajad Fatahi Zafarqandi    
  •  Majid Vaziri    

Abstract

The criminal procedure code has been regarded as one of the most important and substantial codes in every state among which a major part of the criminal general discipline and criminal justice is enforced. The judicial, procedural systems and criminal procedure code regulations in Iran have been transformed during the previous decade. These transformations caused some irregularities and anomalies in judicial system and citizenship rights state in addition to organizing the criminal procedure code such that everyone witnessed these anomalies at the time of the courts’ law and courts’ resorting law. The changed in qualification of the prosecuting entity and the related section, carefully explaining the duties and the authorities of the prosecutor and investigator, allocating the enforcements due to security and legal responsibilities, practical exclusion of the investigating judge and the responsibilities of judicial court administrator and its transfer to the investigator and prosecutor, organizing the prosecutors’ and judicial references and judges’ duties and responsibilities, and so forth as well as attempting to harmonize the criminal procedure system with fair procedure system principles codified in international human rights declaration, international political and civil rights treaty and other relevant human rights documents in line with respecting for all human rights liberties and rights as identified rules in international rights and as a result, highlighting the human right approach to this issue and tendency to practical mixed investigation and procedure system.


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