The General Protection of Public Rights in Iranian and Iraqi Law

نوع مقاله : علمی

نویسندگان

1 Associate Professor of Crime and Criminology Group, Islamic Azad University Isfahan (Khorasgan) Branch, Isfahan, Iran

2 Professor, Department of Criminal Law, Faculty of Law, University of Qom

چکیده

The public prosecution system is one of the valuable achievements of the Iranian judicial system. Given that one of the specific duties of the judiciary, according to Article 156 of the Constitution, is to take appropriate measures to prevent crime and reform perpetrators, the proper implementation of this principle leads to the purification of society, ensuring public security, reviving public rights, and disseminating justice. Public rights are among the rights that the state must guarantee, and their scope has expanded in the modern era. Public rights in our laws encompass various areas such as criminal, civil, personal status, commercial, and other matters. They also include multiple rights such as the right to life, the right to security, the right to health, the right to education, the right to work, the right to safety, and others. However, the public prosecutor, as a public prosecutor, bears a significant and comprehensive responsibility for protecting and defending these rights. Some of these duties and responsibilities are explicitly stated in the text of the law, while others can be implicitly inferred from the context of the legal text. In addition, in some cases, the public prosecutor can protect citizens' rights through his oversight role. In this study, we discuss the nature, content, and status of public rights in Iranian and Iraqi law. We conclude that defending public rights is one of the primary and fundamental duties of the public prosecutor and how the public prosecutor should protect and safeguard these rights.

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