A Comparative Study of the Relationships Between Judicial Authorities and Judicial Officers in the Preliminary Investigation Stage in Iran and France Law

Abstract

The preliminary investigation stage, as one of the most crucial phases of criminal proceedings, plays a fundamental role in ensuring the discovery of truth and safeguarding the rights of the accused and the victim. In this stage, the relationships between judicial authorities and judicial officers are of particular significance, as any imbalance or ambiguity in the scope of their duties can lead to the violation of criminal justice. The legal system of Iran, by emphasizing the supervision of judicial authorities over judicial officers, seeks to control their actions, whereas in France, despite the prominent role of the prosecutor and the investigating judge, the judicial police enjoy a more independent and specialized status. This study, employing a descriptive-analytical method and a comparative approach, examines the relationships between judicial authorities and judicial officers in the laws of Iran and France and analyzes their similarities and differences. The findings of the study indicate that although both systems emphasize the principle of legality and the necessity of judicial oversight, significant differences—such as the presence of the investigating judge in France and the relative independence of the judicial police—have resulted in greater efficiency in ensuring the defendant’s defense rights. In contrast, the Iranian system faces weaknesses in the separation of duties and the independence of judicial officers, the reform of which could lead to the enhancement of criminal justice.