نوع مقاله : مقاله پژوهشی
دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی، دانشکده پیشگیری از جرم و اصلاح و تربیت،دانشگاه علوم قضایی و خدمات اداری،تهران
عنوان مقاله [English]
The description of authoritarianism in the laws governing the jurisdiction of criminal courts is a guarantee for the exercise of state sovereignty in various legislative, legal, judicial and executive fields.As a result, compliance with jurisdiction laws is very important and should be considered by various bodies, especially the courts.However, the existence of certain special and exceptional conditions leads to a violation of the rules of jurisdiction of criminal courts, which are exceptions to jurisdiction. It should also be noted that exceptions to jurisdiction have been accepted by the legislature.However, the advisory theory of the Legal Department of the Judiciary, No. 2462/93/7, introduces another exception for deviating from the rules of jurisdiction, which has no legal basis.The theory says that the prosecutor's office can intervene in crimes against chastity that have been delegated to the court.Consequently, in order to prevent the disappearance of the effects of the crimes subject to Article 102 of the Code of Criminal Procedure, the prosecutor's office can intervene in the jurisdiction of the criminal court. Therefore, in case of fulfilling some conditions, such as the necessity and urgency for the intervention of the prosecutor's office and also the absence of a judge on duty in the court, in order to issue the necessary orders, the prosecutor's office can intervene.