Culmination of Law

Culmination of Law

How the criminal court handled the protest against the appointments of the incompetent prosecutor's office.

Document Type : Original Article

Authors
1 Tehran Judicial Intern and Master Student, Criminal Law and Criminology, University of Judicial Sciences and Administrative Services, Tehran, Iran.
2 Judge of Tehran Justice and PhD student in Criminal Law and Criminology, Qom University, Qom, Iran
Abstract
Consideration of the matter must be by the competent authority.

Now, if the prosecutor's office, in spite of the incompetence and during the proceedings or the end of the trial, decides on one of the objectionable decisions, with the objection of the plaintiff or the other party to this case, the case will be sent to the competent court for consideration.



Pursuant to Articles 117 and 121 of the Code of Criminal Procedure of 1392, it can be said that the lack of jurisdiction does not cause violations of the court's numerical contracts by the court, so these appointments are excluded from the discussion.

Violation of the final misconduct of the prosecutor's office is subject to the complaint of the plaintiff and the court considers it in accordance with Article 274 of the said law.



Now, the important question is whether these objections are flawed and based on the above-mentioned article. Can the court violate the final objections of the protester?


According to the article, it does not answer this question and this has caused a difference in the jurisprudence and legal practice of the judiciary
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