عنوان مقاله [English]
The principle of the legality prosecution of all crimes by the public prosecutor's office has been modified and supplemented with the principle of necessity of criminal prosecution, in such a way that today in the framework of the criminal procedure regulations of the legal system, the latter principle cannot be found.. Article 40 of the Criminal Procedure Law France stipulates that the prosecutor receives complaints and reports of crimes and evaluates their follow-up and prosecution, and immediately in the next regulations, alternatives to criminal prosecution and the rules governing them are discussed. The four alternatives to criminal prosecution ( simple case filing, plea bargaining, judicial agreement, and criminal compromise) in the French criminal procedure and the judicial procedure of this country have faced many ups and downs to the extent that the legislator in recent years tends to eliminate some of them and strengthening and making some others more efficient.
On the one hand, criminal prosecution is related to the rights and freedoms of individuals, and on the other hand, to public order and security. Prosecution endangers the rights and freedoms of citizens, and leaving it disturbs public order and security. It is the conflict between two social values in the manifestation and emergence of criminal prosecution that can challenge it; Today, in many legal systems, including France, the principle of the legality prosecution of all crimes is followed; But paying attention to considerations such as avoiding mere security in the process of criminal proceedings has made policymakers in the field of legislation and justice to identify and apply alternatives to criminal prosecution.
This research has been done by the descriptive-analytical method and studying the laws and regulations of the French legal system.
Results and Discussion
In the French criminal proceedings, the traditional dual conflict between prosecuting and not prosecuting and case filing without the least criminal action has faded with the emergence of a third way that allows criminal response without prosecution; Because in case of decision not to prosecute, in the criminal procedure of this country, there will be other options such as simple case filing or alternatives to prosecution. Filing the case means that the prosecutor, after making a decision not to pursue a criminal case, issues an order to record the case in the courthouse; This method is used for minor crimes and basically for criminals without a criminal record. Perhaps the reflection of this approach in criminal law, that criminal measures should be used as a last resort in the face of crime, has strengthened the tendency to find and implement alternative measures to prosecution in legal systems. The four alternatives of prosecuting a public lawsuit, simple case filing, plea bargaining, judicial agreement, and criminal compromise, have been accepted in the French criminal proceedings process and the judicial practice of this country with many ups and downs.
With the beginning of the era of public justice and the provision of prosecution and prosecutor's office in the criminal laws of countries, the principle of the legality prosecution of all crimes was accepted from the beginning. In the practical experience of implementing this principle, judicial practice followed the trend of not prosecuting petty crimes. Therefore, the principle of the necessity of criminal prosecution was predicted as a complementary rule to this principle in the framework of procedural laws. dealt with it in a way that has less harmful effects and accelerates the possibility of resocializing the criminal and restoring the broken order. The doctrine and judicial procedure in France has not ignored this important issue and nowadays the principle of proportionality of prosecution and its requirements has been explicitly recognized in the criminal procedure law. The judiciary of this country has faced many ups and downs and in recent years the legislator has found a tendency to remove some of them and strengthen and make others more efficient, but these efficient and effective institutions have never been left aside and in Actions have not been unkind.
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