Аннотация
The Prosecutor (Sarnwal / Public Prosecutor) as one of the most important pillars of the criminal justice system plays a fundamental role in guaranteeing the rights of the parties to a case and ensuring social order and security. The Criminal Procedure Law of Afghanistan has outlined the duties and authorities of the Prosecutor at various stages of litigation, from the discovery of a crime and preliminary investigation to trial and execution of the sentence. The importance of this research lies in the fact that the efficiency and independence of the Prosecutor's Office can directly impact the realization of criminal justice and increase public trust in the judicial system. The main research question is: What is the position of the Prosecutor according to the Criminal Procedure Law of Afghanistan and what is their role in securing criminal justice? The research hypothesis is that the Prosecutor, possessing legal authorities and institutional independence, plays a pivotal role in guaranteeing criminal justice, protecting the victim, and safeguarding public interests. This research has been conducted using library resources and a descriptive-analytical method, examining laws and legal documents. The findings indicate that strengthening the independence and specialized capacities of prosecutors can reduce existing challenges in the criminal litigation process and enhance the position of this institution in realizing criminal justice.
Библиографические ссылки
Fundamental Organization Regulation of the Afghan Government, 10 Hoot 1301 A.H. (1922 AD)
Constitution of Afghanistan, 9 Mizan 1343 A.H. (1964 AD), approved by the Loya Jirga dated 17-22 Sunbula 1343 A.H. (September 1964)
Provisional Constitution of 1359 A.H. (1980 AD)
Constitution of 1366 A.H. (1987 AD)
Decree No. 12 of the Amir al-Mu'minin (1997)
Constitution of 1382 A.H. (2003 AD), approved by the Loya Jirga
Criminal Procedure Law, published under serial number 1132, dated 3/12/1392 A.H. (2013 AD)
Law on the Structure and Authorities of the Prosecutor's Office, published under serial number 1117, dated 22/4/1392 A.H. (2013 AD)
Provisional Criminal Procedure Law for Courts, published in the Official Gazette serial number 820, dated 6/12/1382 A.H. (2003 AD)
Amadeh, Gholamhossein (2009), The Role of the Head of the Judiciary in the Criminal Process of Iran, First Edition, Tehran, Dadgoster Publishing.
Akhundi, Mahmoud (1989), Criminal Procedure, Volume 1, First Edition, Tehran, Ministry of Culture and Islamic Guidance Publishing.
Rasouli, Mohammad Ashraf (2015), Explanation and Description of the Criminal Procedure Law, Second Edition, Kabul.
Kashani, Mahmoud (2004), International Justice Standards, First Edition, Tehran, Mizan Publishing.
Omidi, Jalil, Legal Journal (2009), Prophetic Tradition and Criminal Justice, Law Journal of Tehran University, No. 4.
General Directorate for Monitoring and Follow-up of Decrees and Orders: https://hds.gov.af/dr/%D8%AA%D8%A7%D8%B1%DB%8C%D8%AE%DA%86%D9%87-%D9%84%D9%88%DB%8C-%DA%85%D8%A7%D8%B1%D9%86%D9%88%D8%A7%D9%84%DB%8C
Stankzai Blog: https://zestanikzai.blogfa.com/post/27
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