Document Type : Original Article
Authors
1
PhD Student in Criminal Law and Criminology, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
2
2- Assistant Professor of Law, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran
3
M.Sc. Student of Private Law, Kerman Branch, Islamic Azad University, Kerman, Iran
Abstract
From the beginning of the investigation process and the filing of a case in the prosecutor's office until the end of the preliminary investigation, various orders are issued by the judicial authorities, some of which to assign access to the accused and others to complete the investigation and some It is related to the end of the research, in short, the appointments that are issued after the completion of the preliminary investigation (the final appointment) are called. The Code of Criminal Procedure does not define the contract, but the legislator has implicitly defined the contract in Article 299 of the Code of Civil Procedure. In fact, the investigation in the prosecutor's office begins with the filing of a complaint, and then the investigation in the prosecutor's office begins as a preliminary investigation, and when the investigator and the prosecutor reach a conclusion in their investigation, they issue one of the final orders. If an indictment is issued, the case will be sent to the court and the judge will issue the appropriate verdict, and if the prosecutor decides otherwise, there is no need to issue a verdict and send the case to the court. One of the final orders issued is a restraining order, which may be issued by both the court and the prosecutor's office, so at the trial stage, if the act is not criminal, an acquittal must be issued.
Keywords