Crime Detection, Custody, and the Differentiation of the Suspect’s Rights in the Criminal Justice Systems of Iran, France, and the United States
Subject Areas : Journal of Law and Politics
Mohamad masoud molazemian
1
,
Abbas Sheikholeslami
2
,
mohamad Ashouri
3
,
Majid Shaygan Fard
4
1 - PhD Student in Criminal Law and Criminology, Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
2 - Department of Law; Mashhad Branch; Islamic Azad University; Mashhad; Iran
3 - Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
4 - Department of Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Keywords: right of awareness, right to counsel, suspect, differential proceeding, Custody,
Abstract :
Maintaining security and protecting individual rights and liberty are the dual goals of criminal procedure. It is difficult to achieve these goals simultaneously in specific types of crimes such as terrorism and security crimes. Due to inadequate general criminal procedure rules in this area, legislators have been forced to adopt a differential criminal policy in this regard. The stage of being in custody, which- due to its special characteristics- brings to mind the possibility of violating the suspect's rights more than any other stage, has also been subject to differential approaches. Having a differential approach to the suspect's rights in custody for specific crimes, the criminal justice systems of France and the United States designate special officers, extend the custody period, communicate the suspect’s accusations and its evidence as well as his/her defence rights, and restrict the free involvement of the suspect’s attorney. In criminal justice system of Iran, Unforeseen differentiation approach in law but this procedure in jurisprudence and circular is a important challenge. Meanwhile, due to the numerous reforms and the influence of the European Convention on Human Rights, the differential approach of the criminal justice system of France has achieved a more appropriate balance between the suspect's rights and the right to security.
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