نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The purpose of this study is to examine the possibility and limits of granting certain judicial powers to the police and to investigate approaches to utilizing the judicial police structure within criminal justice systems. In recent years, the delegation of judicial powers to the police in certain countries has raised concerns regarding interference with the principle of the separation of powers and the independence of the judiciary. Accordingly, the principal research question concerns the scope of the police’s judicial intervention, its legal requirements, and the manner in which it is exercised in England, France, and Iran, as well as how concerns over the concentration of police and judicial functions—from crime detection to the issuance of judgments—within the police institution may be addressed. It appears that, by drawing upon successful international experiences and redefining the structure of the “judicial police,” it is possible to confer certain limited judicial powers upon the police in Iran, provided that specialized training, stringent recruitment standards, and continuous supervision of police officers are ensured, without undermining the principles of fair trial. This comparative study employs a descriptive-analytical method to examine the laws, institutional structures, and approaches adopted in England, France, and Iran. The findings demonstrate that although concentrating investigative, accusatory, and adjudicative powers within the police raises serious concerns, the experiences of France and England in utilizing judicial police institutions and specializing police functions have substantially alleviated these concerns. Consequently, within Iran’s criminal justice system, provided that adequate oversight, stringent recruitment regulations, and specialized training for police officers and judicial officers are implemented, it would be feasible to grant the police certain limited judicial powers in order to expedite the criminal justice process.
کلیدواژهها English
