Basics and principles governing the Re- prosecution of the accused

By issuing a restraining order based on the lack or insufficiency of evidence, the possibility of re-prosecution of the accused is foreseen according to Article 278 of the Criminal Procedure Law on the basis of ensuring judicial justice and dealing with criminal behavior. On the one hand, the legislator seeks to achieve justice for the persons who were not able to access them at the time of the hearing. On the other hand, it seeks to deal with breaking the norm and prevent unjustified and early release of the perpetrator from the clutches of justice. Despite this, the ruling of this article is exceptional and the principle that the accused cannot be re-prosecuted unless the principles that govern it, which are in line with the goals and general principles of the criminal procedure, are applied in the process of prescribing prosecution by the judicial authorities. The purpose of this research is to know the basics and principles governing the re-prosecution of the accused. Therefore, the fundamental question is, what are the principles governing the prosecution of the accused and is the judicial procedure determined to strictly implement these principles? This article, with a descriptive analytical method and by studying 19 re-prosecuted cases in Iran's criminal justice system, explains in detail the principles of the validity of the sealed order, the reasonableness of the process of re-prosecuting the accused, the correspondence, independence and priority of the court's judgment against the prosecutor's office, the possibility of re-prosecuting the accused by the court and The principle of the independence of the investigating authority against the judgment of the prosecutor and the court is the governing principle for the application of the prosecution of the accused And at the end, it is found that the judicial authorities involved in the application of the prescription