نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرم‌‌شناسی، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران (نویسنده مسئول)
2 دانشجوی دکتری حقوق کیفری و جرم‌‌شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه شیراز، شیراز، ایران
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The precedent of the position of prosecuting attorney in Iran's criminal justice system and the assignment of a part of the prosecutor's duties and powers to this institution Is in a way that makes the relationship between the prosecutor and the prosecuting attorney inevitable, considering the investigative nature of Iran's criminal justice system in the preliminary investigation stage, the appropriate model of this The system type of the model Is a hierarchical relationship in which nonequivalent communication prevails. It is necessary to explain the hierarchical relationship between the prosecutor and the prosecuting attorney using established concepts and components in management science to create a solid theoretical support in the design of the desired model. The present study, using the analytical-descriptive method and collecting the required information in the library method, and relying on the relationship between the prosecutor and the prosecuting attorney in the criminal justice system of Iran, tries to analyze the pattern of hierarchical communication between the mentioned authorities and its pathology. The findings of the research indicate that this model, in spite of advantages such as organizational order and the coherence of the approach of observing citizen rights and equality and integrity in the implementation of the law, suffers from inefficiency and costly guidance and supervision, and insufficient attention to human ethics. And professional etiquette suffers. Despite the prosecutor's guardianship over the prosecutor's decisions through referral, guidance and supervision, the acceptance of the independence of the prosecutor, especially in the final decision and provision leading to arrest, not only does It not contradict the model of hierarchical communication, spatial independence requires accepting the possibility of a dispute between the prosecutor and the prosecutor and resolving the dispute by the court. The close relationship between the prosecutor and the prosecuting attorney with effective incentives to create an atmosphere of interaction between them, avoiding interference, is ineffective, successful mechanisms to reduce existing disadvantages by maintaining a hierarchical hierarchy.
کلیدواژه‌ها [English]
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