The Appropriateness of Criminal Prosecution: It's Concept, Foundations and Features in Iran and England Legal Systems

The appropriateness of criminal prosecution means that the prosecutor is able to stop the process of prosecution. Namely, the prosecutor does not have the authority to initiate a prosecution if he believes that investigation would not serve the interests of justice. In England’s Legal System, the above- mentioned principle has been considered as one of the main principles applying on the process of prosecution. This principle has not been mentioned expressly in Iran's Criminal Procedure Code, but some of the provisions of this Code— for example, the fact that the prosecutor can stop the process of prosecution— have confirmed this issue. The draft of Iran ‘s Criminal Procedure Code, which nowadays is passing its final stages of being approved in the Islamic Consultative Assembly, attempted to base some provisions of this Code on this principle, although it has some problems.