Critical Analysis of The rules of Referral of Proceedings in Iran's Criminal System; from Expressing The Challenges to a New Reading to Solve The problem

The transfer of the criminal proceedings process out of the area of the crime scene, as an exception to the rule of local jurisdiction and under the special institution of "referral", is provided in Articles 418 to 420 of the Criminal Procedure Code of 1392. Although contrary to the principle of this institution; Legislation requires careful enumeration, limited interpretation, and minimal use, but current regulations are inconsistent with the implications. Despite the fact that the legislature has tried to eliminate possible ambiguities and ambiguities in this period by making repeated amendments and adding special regulations to this collection in different periods, It has been widely challenged but has also brought these regulations into conflict with fundamental principles of criminal procedure such as the principle of impartiality of proceedings. The present article, while criticizing the legal criteria of referral, tries to provide solutions to overcome the existing legal ambiguities and challenges by expressing these criteria in a new way.