The position of ex-ante judicial supervision over prosecution and investigation in criminal proceedings in Iran, Germany, and Italy

Abstract

ex-ante judicial supervision over prosecution and investigation is one of the new developments in criminal procedure. This supervision is the use of supervision by court judges or independent expert judges outside of the Prosecutor's Office over the actions and decisions of the Prosecutor's Office, including the investigator, especially actions that impact individual rights and freedoms in the pre-trial stage of criminal proceedings. Ex-ante supervision is recognized in the criminal justice system of Italy, and Germany; however, in Iran's law, ex-ante judicial supervision has been considered only case-by-case in some articles of Iran's Criminal Procedure Code, without being correctly extended to all decisions that are related to the rights and freedoms of individuals in the pre-trial stage. This article aims to explain the ex-ante judicial supervision comparatively taken in Germany and Italy and examine their differences with the existing supervision in Iran using analytical and descriptive methods, and at the same time, it is comparative with library collection tools; done. The findings of the research indicate the need for Iranian legislators and legal doctrine to pay attention to the issue of ex-ante judicial supervision over prosecution and investigation, such as in Germany and Italy, in an explicit and precise manner, and to prevent the centralization of powers of prosecution, investigation and supervision in the hands of the prosecutor's office to improve the quality of criminal justice and Prevention of judicial errors and violation of people's rights with these broad powers that were given to the judiciary.

Keywords

• the pre-trial stage
• individual rights and freedoms
• criminal proceedings
• prohibition of abuse of authority
• judicial supervision.