International Criminal Law

International Criminal Law

Police Restrictions on Applying Alternatives to Prosecution in Iranian Law Compared to English Law

Document Type : Original Article

Authors
1 Ph.D Student, Department of Criminal Law and Criminology, Ker.C., Islamic Azad University, Kermanshah, Iran.
2 Department of Criminal Law and Criminology, Ker.C., Islamic Azad University, Kermanshah, Iran. (Corresponding Author)
3 Department of Criminal Law and Criminology, Ker.C., Islamic Azad University, Kermanshah, Iran.
10.22034/iclj.2026.544820.1176
Abstract
The tendency of most criminal justice systems in the world towards restorative justice and the application of its tools, including the use of alternatives to prosecution, is undeniable. In the meantime, it is observed that some countries, such as England, have given the authority to apply some alternatives to prosecution and, in more complete terms, the authority to initiate the criminal prosecution process to the police. Therefore, the author, by studying the laws of this country and using a descriptive-analytical method, tried to examine the extent of the possibility of applying alternatives to prosecution by judicial officers in Iran. It was observed that the initiative of starting criminal prosecution or responding to petty crimes by applying alternatives to prosecution in England has a relatively long history. In this process, the police may use tools such as simple warning, formal warning, conditional warning, reprimand and final warning, etc. In Iranian law, however, the existence of a hierarchical model between officers and the prosecution, violation of the principle of separation of powers, lack of expertise and sufficient knowledge, etc., prevent the application of alternatives to prosecution by judicial officers.
Keywords

Volume 4, Issue 1
Winter 2026
Pages 1-15

  • Receive Date 13 May 2025
  • Revise Date 20 July 2025
  • Accept Date 25 August 2025