Document Type : Original Article

Author

• mohammad khorshidi athar

MSc. of Criminal Law and Criminology, University of Judicial Sciences and Administrative Services, Tehran, Iran.

Abstract

The prosecutor in the Iranian legal system is responsible for the mission of the judiciary to "revive public rights" in accordance with the second paragraph of Article (151) of the Constitution of the Islamic Republic of Iran. This duty of the prosecutor includes actions that preventing the aggravation of the harmful effects caused by the violation of public rights and provide the ground for its restoration. In the present study, with an analytical approach and through the study of legal documents and resources, while examining the efficiency of the prosecutor actions in performing this important task seeks to answer the question of what is the nature of the prosecutor's public rights actions and function of protesting to it. it seems that such actions of the prosecutor have an orderly nature that can be reversed only by the issuing judicial authority. Also, the hierarchical supervision of the Attorney General and the prosecutors of the cities of the center of the province on the manner of conducting the public rights of the relevant prosecutor has only the aspect of administrative supervision and is considered as a guarantee of compliance with the principles of public justice in this regard. However, it is appropriate to develop a more coordinated and comprehensive system for the protection of public rights, in which the manner of protesting to the actions of the public rights of the prosecutor is also provided.

Keywords

• Public Law
• Prosecutor
• Protest
• Judicial Oversight
• Instruction on Oversight and Pursuit of Public Rights