The impression of the leaders and thinkers of the constitutional revolution on the leaders and thinkers of the great French revolution provided the reasons for the entry of the French institution of prosecution into Iran's judicial cycle in 1291. 66 years after the constitutional revolution with the occurrence of the Islamic revolution in 1357, although the prosecution institution continued to work in the cycle of Iran's judiciary, but from the very beginning of the Islamic revolution, whispers about the removal of the prosecution institution due to non-Sharia It was heard because of the principle of the unity of the judge in the Islamic judicial systemAs a result, the criticism caused the approval of the law on the establishment of public and revolutionary courts on 4/15/1373. This have arisen and based on the arguments of the opponents of removing the prosecutor's office, explained that the prosecutor's office is essentially synonymous with the two bodies of Hasba and Sheterah in the head of Islam and therefore a Sharia institution, the Law Amendment Bill He presented public courts and revolution to the parliament through the government delegation, and with the approval of the new law on 28/7/1381, it became the institution of the judiciary in Iran's judicial system.In the meantime, the author aims to prove that the institution of the prosecution is an Islamic Shari'a institution based on the rulings of signing, relying on the way of reason, and not the existence of the Hasba institution at the head of Islam.