The phase of decision for sufficiency of evidence proving in Iran and America's pretrial investigation

Document Type : Research Paper

10.22099/jls.2014.2047

Abstract

In Iran and America's criminal procedure model, in the phases of pretrial investigation about proving sufficient evidence against the accused and sending the case to court different methods are applied. In Iranian model, as one of the models with the interrogator, Officials in charge of the investigation and evidence collection that means the investigator or prosecutor, decision Personally concerning the sufficiency of evidence proving and it is necessary to collect all reasons for sending a case to court. In other words, the criterion of proof "beyond any reasonable doubt" is dominant on this level. yet in America, As one of the models without investigator, this is available to other judicial institutions such as judges and jury. Also in America, Reasonable cause criterion is dominant on the end of pretrial investigation stage. Iranian model is more appropriate than American model Deposit terms of deciding the sufficiency of evidence proving the official Enterprise investigation. Because that will be cause of more focus on the stage of preliminary investigation and Prolongation prevent proceeding and does not conflict with the rights of individuals. But the American model of governance seems more appropriate the Iranian model because apply these criteria leads to shorter stage of preliminary investigation and the trial period will be longer.so culprit will be allowed to defend themselves better.
 
 

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