A comparative study of the basics of temporary detention in Iranian jurisprudence criminal law

Subject Areas :

ali reza asgari ¹ , mohammadreza niyakar alanagh ²

1 - assistant professor of Islamic Azad university Qom branch
2 - Islamic Azad university Qom branch

Received: 2022-12-14 Accepted : 2023-04-06 Published : 2023-05-22

Keywords: Security, Detention, temporary detention, appointment, the principle of innocence,

Abstract :

Arresting the accused means depriving him of his liberty during the pretrial investigation stage, which is likely to continue until a definitive verdict is issued, in order to ensure access to the accused and his timely appearance in the judicial authority, prevent his escape or concealment, or destroy the traces of the crime, and Collusion with possible partners and deputies is a crime. The importance of human rights in led scholars of jurisprudence and law to take action to limit the arrest of the accused by establishing regulations. Temporary detention should be used, and in case of arresting the accused. Therefore, the scope of issuing a temporary detention order should be limited because the principle of non-temporary detention is that it should be exceptional. The principle is to use mild orders to remove the mandatory cases of temporary detention. .In paragraph (p) of Article 238 of the Criminal Procedure Law, Since temporary detention is to ensure that the accused does not escape, new methods can be used to prevent the accused from escaping, such as electronic handcuffs. used and prevented temporary detention with this method. No comparative study has been done on the basics of temporary detention in jurisprudence and criminal law, and with the library method and comparative study of the subject, in response to the fact that the laws and judicial procedure regarding the basics of temporary detention in criminal law To what extent is it consistent with the principles and standards of jurisprudence? It has been checed.