An Analysis of the Dimensions and Components of the Legal Foundations and the Role of the Public Prosecutor's Office in Iran's Criminal Justice Process

Abstract

The Public Prosecutor's Office is a pivotal institution within the criminal justice system, situated at the intersection of penal policy, crime detection, criminal prosecution, victim support, the safeguarding of defendants' rights, and the enforcement of judicial decisions. In the Iranian legal system, the legal foundations of the Public Prosecutor's Office are derived from the Constitution, the Code of Criminal Procedure, organizational statutes, and regulations governing citizenship and public rights. The central issue of this research concerns the dimensions of these foundations and how the role of the Public Prosecutor's Office is realized across the various stages of the criminal justice process. The study employs a descriptive-analytical method, drawing upon library resources, statutes, regulations, and legal literature. The findings indicate that the role of the Public Prosecutor's Office cannot be limited merely to the prosecution of offenders; rather, the institution performs five distinct functions: detection and prosecution, directing preliminary investigations, supervising law enforcement officers, safeguarding public rights, and ensuring a balance between societal interests and individual rights. However, ambiguities regarding the concept of "public rights," the overlapping of duties, the tension between independence and accountability, weak performance evaluation mechanisms, and challenges associated with electronic judicial proceedings constitute obstacles to the optimal fulfillment of this role. In conclusion, the article proposes enhancing transparency, specialization, judicial oversight, and continuous training, as well as expanding mediation and formulating performance evaluation indicators.