Independence of the of the Office of Interrogation in Prelminary Investigations and its Impact on Realization of a Just Interrogation

Independence of the office of interrogation from that of prosecution is one of the signs of realization of a just interrogation and manifestations of impartiality in penal proceedings. If the same one is both prosecutor and interrogator, rights of the defendants will be infringed. For, the prosecutor, as the representative of society is regarded as a party to the penal case, and should prosecute the accused. Evidently, since he is not impartial, he cannot undertake to interrogate and gather evidence (for or against the accused). Thus, in the penal systems in which prelminary investigations are performed by the prosecutor's office, to separate the office of prosecution from that of investigation, they have gone so far that referring the case under investigation, issuance of the order of temporarydetention, and distribution of cases should be done by the interrogator, not by the prosecutor