Document Type : Original Article
Abstract
One of the most fundamental discussions during the negotiations in the Rome's conference has been the prosecutor's court and the prosecutor independency and the way they interact with the other elements of the international criminal court. As soon as the prosecutor is informed of a crime which is covered by the court jurisdiction predicted based on its mechanism mentioned in the articles of association the code procedure, and evidences, meanwhile he analyses the case, starts investigation and there is any avoidance, he will prosecute the criminal himself. In order to have a judiciary control on the prosecutor's actions, there has been created an office called introductory office that the prosecutor performs all his activities under the surveillance of this office, so all his actions such as collecting and analyzing the information, summoning or arresting the condemned, hearing the witness and all the necessary proofs needed in the prosecuting will not be followed but subject to getting the permission from the introductory office. It means all the prosecutor's decisions will be executive after the confirmation of the introductory office. In other words, according to the international court articles of associate, the prosecutor's discretion isn't determinative. It's subject to the introductory office surveillance, thought.