The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Efficient prosecution model in the Iranian legal system with a comparative study of English law; challenges and solutions

Document Type : Research/Original/Regular Article

Authors
1 دانشجوی دکتری حقوق جزا و جرم‌شناسی دانشکده حقوق دانشگاه شهید بهشتی
2 Faculty of Law, Shahid Beheshti University
10.22034/jlvi.2026.2084648.1546
Abstract
The prosecution stage is one of the important stages of criminal proceedings that has a high impact on the later stages of criminal proceedings. different legal systems, by giving different discretionary powers to the authorities, try to filter the incoming cases and remove the crimes from the formal criminal process at the very early stages, thereby providing an opportunity for important crimes. The solutions that are foreseen for the exercise of this authority are the alternatives to prosecution. In the Iranian legal system, with the approval of the Criminal Procedure Code of 2013, alternatives to prosecution have been foreseen. In this article, using a descriptive-analytical method, we are trying to answer what are the challenges of the prosecution system in Iranian law and what are the solutions to overcome them and what is the efficient prosecution model. The results of the research indicate that the scope of alternatives to prosecution in the Iranian legal system is very limited and in cases where these alternatives have been foreseen, in practice it is not sufficient from the point of view of judgment, and these alternatives are not used. This has led to no assessment of the expediency of prosecution or not, and it is the same as the crimes at the prosecution stage, and no filtering occurs. In order to address these challenges, the scope of alternatives to prosecution should be expanded and the necessary training should be provided to officials.
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Articles in Press, Accepted Manuscript
Available Online from 26 July 2026

  • Receive Date 05 February 2026
  • Revise Date 20 July 2026
  • Accept Date 19 July 2026