Challenges Facing Dadyar's Independence in Criminal Investigations

Document Type : Original Article


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



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.


Ashouri, Muhammad. Code of Criminal Procedure. The second volume. First Edition. Tehran: Samit Publications, 2007. (in Persian)
Aghajani, Hassan Ali. Coordination: intra-organizational and inter-organizational. First Edition. Babolsar: Mazandaran University Press, 2018. (in Persian)
Strauss, Anselm and Juliet Corbin. Fundamentals of qualitative research, techniques and stages of producing grounded theory, translated by Ebrahim Afshar. Tehran: Ney Publishing, 2020. (in Persian)
Amiri, Ali, Javad Tahmasabi and Betul Pakzad. "The application of referral management in ensuring impartial criminal proceedings". Judicial Law Journal 85, 114 (2021): 27-52. (in Persian)
Bagherinejad, Zainab. Principles of criminal procedure. Tehran: Khorsandi Publishing, 2014. (in Persian)
Biranvand, Rasool, Seyyed Alireza Mirkamali and Akbar Rajabi. "The effect of judge independence on the realization of social justice and citizenship rights". Medical Law Quarterly, Special Issue on Human Rights and Citizen Rights 12(2019): 36-49. (in Persian)
Payvast, Rahman, Mehdi Shidaiyan and Mohammad Khalil Salehi. "Prosecutor's challenges in conducting a fair trial and its solutions". Criminal Law Research Quarterly 11, 40 (2022): 71-104. (in Persian)
Tangestani, Mohammad Ghasem. Independence and responsibility of the judiciary. Tehran: Mizan Publishing, 2017. (in Persian)
Hassanzadeh, Mehdi and Mohammad Reza Safarnia Shahri. "The validity of Dadyar's statement". Legal Journal of Justice 75, 76 (2016): 157-183. (in Persian)
Haideranjad, Valiullah and Seyyed Mohammad Mahdi Ghamami. "A comparative study of the conditions and processes of selecting and appointing judges in the legal systems of the United States of America and France". Comparative Law Studies 10, 1 (2017): 111-140. (in Persian)
Khaleghi, Ali. Points in the Criminal Procedure Law. Tehran: Shahr Danesh Legal Studies and Research Institute, 2015. (in Persian)
Satishpour, Mohammad and Fatemezahra Asian. "The independence of judges in the legal system of the Islamic Republic of Iran in the light of the teachings of the religion of Islam". Legal Civilization Quarterly 5, 12 (2022): 383-396. (in Persian)
Tahmasabi, Javad. Code of Criminal Procedure. Third edition. Tehran: Mizan Publications, 2016. (in Persian)
Fazaeli, Mustafa. fair judgement. Third edition. Tehran: Shahr Danesh Legal Studies and Research Institute, 2014. (in Persian)
Fletcher, George P. Basic concepts of criminal law. Translation: Seyed Mehdi Seyedzadeh Sani. First Edition. Mashhad: Astan Quds Razavi Publications, 2004. (in Persian)
ghaedi, Saeed. "Limits of separation of prosecution authority from investigation authority with emphasis on Criminal Procedure Law 2013". Dissertation for master's degree. Shiraz: Faculty of Law and Political Sciences, Shiraz University, 2016. (in Persian)
ghaedi, Saeed and Shabnam Jahangiri. "Analysis of the pattern of hierarchical relationship between the prosecutor and assistant prosecutor in Iranian criminal law". Legal Civilization Quarterly 6, 15 (2023): 127-152. (in Persian)
Kazemi Joybari, Mehdi. "Criminological reading of fair trial standards". Master's thesis, Tehran: Shahid Beheshti University, 2018. (in Persian)
European Commission for the Promotion of Justice. Evaluation of European judicial systems in 2012. Editor: Ahmed Makrez Malmiri. first edition Tehran: Judiciary Research Institute Publications, 2015. (in Persian)
Mozenzadegan, Hassan Ali and Behzad Jahani. "Iran's criminal sentence enforcement structure in the light of the principle of judicial independence". Journal of Legal Research 9, 18 (2021): 55-31. (in Persian)
Mahdavi, Alireza, Hossein Ahmari and Mustafa Rajaei. "Jurisprudential and legal examination of science, ijtihad and independence of judges". Iranian Journal of Political Sociology 5, 6 (2022): 336-346. (in Persian)
Najafi, Zahra, Tahmurth Hasanqalipour and Farshad Golestan. "Investigation of the position of Iran Statistics Center using AHP method". Management Research in Iran 18, 3 (2013): 205-226. (in Persian)
Boyce, Carolyn & Neale, Palena, “Conducting in-depth interviews: A guide for designing and conducting in-depth interviews for evaluation input”, 6 (2006):128-151. (in English)
Collin, Peter, “Dictionary of Law”, Fourth Edition, Bloomsbury Publishing, 6 (2004): 546. (in English)
Guidance for promoting judicial independence and impartiality, papers FUSAID (NGO) 2007.pd, (2007). (in English)
Handbook on criminal justice responses to terrorism. UNODC Vienal, (2009): 1025. (in English)
Kelly, William. “An Independent Judiciary: the core of the rule of law”, International center for criminal law reform and criminal justice policy. 3, (in English)
Singh, M.P (2000), Securing the independence of the judiciary- the Indian experience, IND, INT L & COMP.L. Rev. 10 (2000): 245-292. (in English)