Suitability of prosecution in the International Criminal Court A comparative look with national systems
Sometimes the prosecutor suspends filing or filing a case, subject to circumstances rather than prosecution, despite the occurrence of a crime. The prosecution authority in the national systems is the duty of the prosecutor. The question is, is the legal system of the International Criminal Court (I...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2020-06-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| Subjects: | |
| Online Access: | https://jclr.atu.ac.ir/article_11671_872bd28a8cfb2123e06b9fdc35b18d15.pdf |
| _version_ | 1797369188697767936 |
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| author | alihasan babaei ahmad reza tohidi Mahmoud Ghayumzade Kharangi |
| author_facet | alihasan babaei ahmad reza tohidi Mahmoud Ghayumzade Kharangi |
| author_sort | alihasan babaei |
| collection | DOAJ |
| description | Sometimes the prosecutor suspends filing or filing a case, subject to circumstances rather than prosecution, despite the occurrence of a crime. The prosecution authority in the national systems is the duty of the prosecutor. The question is, is the legal system of the International Criminal Court (ICC) approach to the principle of prosecution. Investigating the authority of the prosecutor in national systems and the International Criminal Court, from a comparative viewpoint, analytically-descriptive and using library resources, shows that the legal system of the Court has a systematic and well-defined approach to pursuing the necessary. Contrary to national prosecution systems, it is not the prosecutor's permission alone, but the joint task of the prosecutor and the preliminary branch. Although the prosecutor is independent in his performance, his decisions are under the supervision of the branch office. The selection and prioritization criteria for pursuing the most important crimes and the monitoring mechanism are in line with the principle of prosecution and the promise of a fair trial in the Court, and can be a suitable model for the uniformization of investigation and prosecution practices in national systems, including the Iranian criminal system Which has not been shown to be a valid requirement. |
| first_indexed | 2024-03-08T17:43:04Z |
| format | Article |
| id | doaj.art-b2594a280c4a4cd3ba03e896916edaac |
| institution | Directory Open Access Journal |
| issn | 2345-3575 2476-6224 |
| language | fas |
| last_indexed | 2024-03-08T17:43:04Z |
| publishDate | 2020-06-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī |
| spelling | doaj.art-b2594a280c4a4cd3ba03e896916edaac2024-01-02T10:56:18ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242020-06-018317510510.22054/jclr.2020.39628.186011671Suitability of prosecution in the International Criminal Court A comparative look with national systemsalihasan babaei0ahmad reza tohidi1Mahmoud Ghayumzade Kharangi2The chairman of the appeal courtAssistant Professor and Faculty Member of the Public and International Law Department of the University of Qom. The Committee of the Review Committee of Judges at the Judiciary Research InstituteProfessor and the staff of the faculty and director of the law department of the Free University of Saveh BranchSometimes the prosecutor suspends filing or filing a case, subject to circumstances rather than prosecution, despite the occurrence of a crime. The prosecution authority in the national systems is the duty of the prosecutor. The question is, is the legal system of the International Criminal Court (ICC) approach to the principle of prosecution. Investigating the authority of the prosecutor in national systems and the International Criminal Court, from a comparative viewpoint, analytically-descriptive and using library resources, shows that the legal system of the Court has a systematic and well-defined approach to pursuing the necessary. Contrary to national prosecution systems, it is not the prosecutor's permission alone, but the joint task of the prosecutor and the preliminary branch. Although the prosecutor is independent in his performance, his decisions are under the supervision of the branch office. The selection and prioritization criteria for pursuing the most important crimes and the monitoring mechanism are in line with the principle of prosecution and the promise of a fair trial in the Court, and can be a suitable model for the uniformization of investigation and prosecution practices in national systems, including the Iranian criminal system Which has not been shown to be a valid requirement.https://jclr.atu.ac.ir/article_11671_872bd28a8cfb2123e06b9fdc35b18d15.pdfprosecution authorityprosecutionrome statuteinternational criminal courtnational systems |
| spellingShingle | alihasan babaei ahmad reza tohidi Mahmoud Ghayumzade Kharangi Suitability of prosecution in the International Criminal Court A comparative look with national systems Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī prosecution authority prosecution rome statute international criminal court national systems |
| title | Suitability of prosecution in the International Criminal Court
A comparative look with national systems |
| title_full | Suitability of prosecution in the International Criminal Court
A comparative look with national systems |
| title_fullStr | Suitability of prosecution in the International Criminal Court
A comparative look with national systems |
| title_full_unstemmed | Suitability of prosecution in the International Criminal Court
A comparative look with national systems |
| title_short | Suitability of prosecution in the International Criminal Court
A comparative look with national systems |
| title_sort | suitability of prosecution in the international criminal court a comparative look with national systems |
| topic | prosecution authority prosecution rome statute international criminal court national systems |
| url | https://jclr.atu.ac.ir/article_11671_872bd28a8cfb2123e06b9fdc35b18d15.pdf |
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