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                A proceeding without indictment or summary proceeding is a mechanism, which is provided by the legal systems in order to expedite criminal proceedings through elimination of some procedures. It is primarily relevant to minor offences, and applied without violating the principles of fair trial. In Iran, the proceedings are related to non-interference of the office of public prosecutions in the preliminary investigations of these cimes, which are conducted by the courts. This non-seperation of investigation and trial authorities makes serious doubts on impartiality of the courts. On the other hand, extending the scopes of these proceedings in Iranian legal system to Islamic punishments such as death and stoning for sodomy and adultery in some cases, and granting extensive powers to district courts, which handle crimes outside the jurisdiction of the Provincial Criminal Courts without indictment, have caused these proceedings being faced with significant uncertainty from the perspective of fair trial. However, in the legal system of England, proceedings without indictment are related to elimination of jury in Peace Courtsfor some minor crimes, which are conducted without violating the impartiality of the proceeding authority. The article examines characteristics of these proceedings in the legal systems of Iran and England.        
 * Corresponding Author’s E-mail: Farid Zarghami@gmail.com

Keywords: Proceeding without indictment, Preliminary investigation, Principle of impartiality, Magistracte court, Fair trial

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