The Power Redistribution of Crime Detection and Investigation Agencies in the Iranian Legal System

Power distribution in the process of criminal proceedings is a miniaturized version of the separation of powers. The purpose of the distribution of powers in the process criminal proceedings is enhancing the accuracy and health of the process and reducing the judicial tyranny. The aim of this study is to provide an appropriate model of crime detection and investigation agencies powers, the conformity of status quo in the Iranian legal system with the desired model, and providing applicable solutions for achieving the optimal conditions.

The present study is conducted in a descriptive-analytic method using library resources.

In the desired model of the process of criminal proceedings, the six institutions of crime detection, crime prosecution, crime investigation, investigation supervision, addressing the crime and executing the final verdict act independently. In the meantime, the crime detection division has the security concerns and its authority is the supervision to collect evidence, arresting suspects, and questioning the witnesses and informants of the crime scene. The best option for crime detection division is the administration police. Crime Investigation Agency has a neutral position and is merely authorized to conduct criminal investigation to authentication of the facts, collecting evidence and arresting the suspects. In order to ensuring the rights and liberties of citizens and promoting the verification of investigation agency, this agency has no practical authority in issuing the arrest and inspection warrants and the judge is in charge of issuing of any license or warrant of depriving or constraining the citizenship rights and liberty. The best option for crime investigation agency is judicial police. In order to achieve the ideal situation it is necessary that the administrative police and judicial police should be recognized as the independent agencies of crime detection and investigation, the public prosecutor should withdraw from crime prosecution authority, the judge should be recognized for ensuring the citizenship rights and liberty, and the summarized version of defensive address should be run in compliance with the equal weapons in pre-trial proceedings.