Theoretical Foundations and Functions of the Public Prosecutor's Office in Iranian Criminal Law

Abstract

The public prosecutor's office is a fundamental pillar of the criminal justice system, situated at the intersection of public interest, victims' rights, the accused's defense guarantees, and criminal policy. Under Iranian law, the prosecutor is not merely an official who initiates public prosecution; rather, they play a role in crime detection, prosecuting the accused, supervising preliminary investigations, overseeing the conduct of judicial officers, deciding whether to continue or halt prosecution, protecting public interests, and enforcing criminal judgments. The central issue of this research is to elucidate the theoretical and legal foundations of the prosecutor's office and to analyze its functions in light of the principles of legality, the presumption of innocence, and the right to a fair trial. This study employs a descriptive-analytical method, examining relevant laws and authoritative Persian sources. The findings indicate that the legitimacy of the prosecutor's office depends on balancing legal authority with the constraints imposed by fundamental rights. Expanding the prosecutor's powers without transparency, accountability, and judicial oversight risks disrupting the balance between prosecution efficiency and the protection of individual rights. Enhancing specialized training, supervising judicial officers, providing reasoned grounds for prosecution decisions, employing scientific case management, and expanding support for both victims and the accused are among the key strategies for improving the performance of the prosecutor's office. (Khaleghi, 1401; Ashouri, 1389; Akhoundi, 1387; Code of Criminal Procedure, 1392)