Culmination of Law

Culmination of Law

Analyzing the impact of the "accusation objection" indicators on criminal systems and processes

Document Type : Original Article

Authors
1 PhD in Criminal Law and Criminology from the University of Tehran. 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/thdad.2024.2011661.2563
Abstract
Accusation, as the main stage of the criminal process, which can be considered as the beginning or, in other words, the gate of criminal justice, is influenced by criminal justice systems and processes, and as a result, this influence plays an important role in the beginning and subsequent stages of the criminal process. The current research, which was compiled with descriptive-analytical method after examining the criminal justice systems and processes, concludes: the indicators of the accusation are different according to the system and the governing process of the proceedings, so that in a general perspective, in the Roman-Germanic prosecutor system, there is no He did not have a role in the accusation stage and he has to carry it forward, while in the common law system, the prosecutor can refuse to accuse in some cases. In the control-oriented criminal justice process, any reaction against order and security is faced with accusations, while in the dignity-oriented process, accusations are based on the sufficiency of evidence system and are done with caution and according to the prevailing suspicion of committing a crime. Finally, in the combined process, in crimes with private dignity, the accusation is similar to the dignity-oriented process, and in crimes with public dignity, including crimes against sovereignty, the accusation is similar to the control-oriented process. After examining the indicators of accusation in criminal justice systems and processes, respectively, the common law system and the circuit control process have a greater proportion with the desired indicators of accusation, evaluation and conclusion.
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Sources
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