Challenges Facing Dadyar's Independence in Criminal Investigations

Document Type : Original Article

Author

PhD student, Department of Criminal Law and Criminology, Faculty of Law, University of Judicial Sciences and Administrative Services, Tehran, Iran.

10.22034/jclc.2024.421201.1923

Abstract

With the legislator's deviation from the approach of pure obedience of the dadyar as one of the investigation authorities to the prosecutor in the drafting of Article 92 of the Criminal Procedure Law, an important step was taken towards the independence of this authority in the criminal investigation process. The new legislative approach promises to adopt a unified judicial policy in order to accept the investigative dadyar as a judicial authority and respect his independence. However, the lack of full-fledged entry into this field has not only caused some of the approaches and views that disrupt the independence of the dadyar to remain unsolved as in the past, but also gives every official the opportunity and courage to abuse the powers and legal loopholes. Anan has taken the initiative and with different interpretations, to strike a blow on the independence of this research authority in judicial and other matters. Therefore, what has been analyzed and targeted in the upcoming research is the analysis of the challenges faced by Dadyar's independence in preliminary research. This qualitative research, along with in-depth interviews with some officials of Iran's criminal justice system, revealed the most important legal challenges (ineffective intervention of the prosecuting authority, the dominance of guardianship and lack of trust in the investigating dadyar, ambiguity and overlap in the dadyar's duties and the insular performance of this official, inflation referral cases and their extradition) and extra-legal (unregulated statism, pressure of power and wealth centers, structural and judicial requirements and expectations.

Keywords

References

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Journal of Criminal Law and Criminology
Volume 11, Issue 22
March 2024
Pages 339-374

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