A Typology of Judicial Oversight Systems in Criminal Investigation and Prosecution: A Comparative Study

Majed Jabban1, Mahmood Saber2 & Seyed Doraid Mousavi Mojab3

https://doi.org/10.62271/pjc.16.1.93.109

Abstract
Judicial oversight is essential in Criminal Investigation and Prosecution to protect individuals’ rights and prevent the abuse of power. While Western countries and the International Criminal Court recognize its significance, laws in Iran and Syria lack proper distinction and definition of (especially ex-ante) oversight types and systems. This article aims to provide a comparative explanation of judicial oversight, distinguishing it from other forms of oversight.
Using an analytical and descriptive approach, the study highlights the dynamic nature of oversight in criminal investigation and prosecution. The research emphasizes the need for explicit and precise classification of judicial oversight types in Syria, Iran, and legal doctrine. Such classification would enhance criminal justice, safeguard individual rights and freedoms, and prevent abuse of power.

Keywords: Investigation, Prosecution, Criminal Procedure, Judicial Oversight, ex-ante Oversight