Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

General Economic Order and Powers of the Prosecutor; Emphasizing the Institution of Administration, Realizing Transparency and Managing Conflicts of Interest

Document Type : Original Article

Authors
1 Ph.D Student of Public Law, University of Tehran (Alborz Campus), Karaj, Iran.
2 Assistant Professor, Department of Public Law, University of Tehran, Tehran, Iran. (Corresponding Author)
3 Professor, Department of Public Law, University of Tehran, Tehran, Iran.
10.22034/jccj.2024.443932.1494
Abstract
The Judiciary is the main front for ensuring general economic order, and the Prosecutor's Office, centered on the Prosecutor, is the head of this front. The current research examines the available legal possibilities by questioning the powers and competencies of the prosecutor in guaranteeing the general economic order and seeks to outline the range of powers mentioned in the protection of this type of order at the community level. Meanwhile, due to the important position of administrative actions, free flow of information and conflict of interests in the category of crimes and economic violations, the powers of the prosecutor, especially the preventive powers of the prosecutor, have been questioned in the aforementioned areas.

It should be mentioned that the brief statement of the main and sub-hypotheses of the current research, which were finally fully confirmed, is that the legislator, knowing that he is pursuing an issue such as corruption as a continuously innovative and up-to-date issue, always includes the prosecutor in his legal texts. Mobsut al-Alid has made and granted comprehensive powers through general and vague expressions, and these powers are so comprehensive that they give power to the initiative of the prosecutor; Whether in macro-level areas such as monitoring society or administration, or in areas such as pursuing the realization of governance transparency and conflict of interest management. on the other hand; The logical course of this research also required paying attention to how to activate this authority, since the systematic delay of the prosecutor's office in exercising this type of legitimate authority is quite evident. For this reason, the abandonment of this institution in the always self-assumed history of the present writing and of course the transition from these conditions; its motivation, necessity and purpose;
Keywords

Volume 4, Issue 1
Winter 2024
Pages 223-234

  • Receive Date 24 September 2023
  • Revise Date 21 December 2023
  • Accept Date 03 February 2024
  • Publish Date 20 March 2024