The Essence of Impartiality of Prosecutor in Iranian Judicial System; with Emphasis on Turkish Judicial System

This role has been highlighted in such a way that the issue of observing the defendant's defense rights, including declaring reasons in his favor and preventing the presentation of corrupt reasons against him by the prosecutor, has been considered insignificant. In Turkish law, the Budapest principles of the past have been accepted, and this issue was adopted in 2005 after the sixth sessions of the conference of European prosecutors, organized by the council of Europe in cooperation with the Hungarian prosecutor, and these points were adopted in those principles. The prosecutor performs his or her duties fairly, impartially, coherently and expeditiously, and also seeks to strike affair balance between personal interests and rights and the public interests. In Iranian law, he should not refuse to present arguments in favor of the accused and prevent corrupt arguments against him. This duty of the prosecutor, although not explicitly mentioned in Iranian law, arises on the hand from the duty of the prosecutor to be neutral with respect to the reasons for the accused, and on the other hand, from the duty of the prosecutor to protect the law. As article 49 of the law on the principles of the judiciary, adapted in 1307, stated about the prosecutor (the public prosecutor). Public prosecutors are officials who work for public rights and oversee the implementation of laws in accordance with legal regulations, the research method is library.