The challenges of Adversarial Model in the judicial system of Italy and Iran

 The inequality of the powers of the prosecutor and the accused and the increasing powers of the court in ascertaining the truth are important features of the Inquisitorial system, and arbitration proceedings, the equality of powers of litigants and the passive role of the court in dealing with their reasons are features of the Adversarial system. Italy and Iran have taken steps to accept the components of Adversarial Model. The 1988 Criminal Procedure Code of Italy, inspired by the accusatory system, created fundamental reforms in the provisions of the 1930 Criminal Procedure Law, which are useful for Iranian legislators to study.

 This research was done using library sources in a descriptive-analytical way.Findings of the research: Some reforms of the Italian legislature were not successful in accepting the components of the prosecution in the judicial culture of this country and were sidelined by the opinions of the Constitutional Court. Iran's criminal procedure system has accepted manifestations of the accusatory system since the passage of removing the prosecutor's office in the Law on the Establishment of Public Courts and the Revolution of 1996 and the recognition of some defense rights in the Criminal Procedure Code of 2017. However, with the revival of the prosecutor's office headed by the prosecutor; Consolidation of powers to detect, prosecute and investigate crimes in the prosecutor's office; Delegating the authority to conduct preliminary investigations to the prosecutor in crimes other than Article 302 of the criminal procedure; the authority to supervise on investigator by prosecutor; Agreeing or disagreeing with the final orders and supply orders leading to the arrest of the accused; Superiority of the prosecutor's powers in relation to other litigants; The entry of judicial authorities into issues related to the separation of attorneys into approved and unapproved attorneys; The consolidation of executive and judicial powers of investigation and proceedings at the court stage and the possibility of issuing judgments without the presence of litigants has made the path of acceptance of accusatory proceedings in Iran uneven.