Investigating the Challenges of Government Compensation for Innocent Detained Damages in the Iranian and French Legal Systems

Subject Areas : Political and International Researches Quarterly

Received: 2020-12-19 Accepted : 2020-12-19 Published : 2021-02-19

Keywords: compensation, Detention, Principle of innocence, Innocent Defendants,

Abstract :

Gholam Ali Dehshiri [1] Seyed Mehdi Mansouri *[2] Abstract Detention is one of the most important powers conferred on criminals to effectively combat crime. In parallel with the exercise of this power by those authorities, possibly, the final proceedings will not lead to a conviction. The question that arises, in this case, is whether an innocent defendant can claim damages for the duration of his detention? Despite the grievances of some opponents, the arguments of the proponents of compensation are even stronger. In particular, compensation is in line with the principle of a fair trial, and ethics requires that the injustice to be compensated. Accordingly, in the French criminal procedure system since 1970 and Iran since 1392, this institution has been recognized. Therefore, despite some differences in substantive and formal conditions, in some cases, there are similarities between the regulations of these two systems. [1] -PhD student, Department of Criminal Law and Criminology, Yazd Branch, Islamic Azad University, Yazd, Iran, [e-mail] [2] - Assistant Professor and Faculty Member, Department of Criminal Law and Criminology, Yazd Branch, Islamic Azad University, Yazd, Iran, Corresponding Author, [e-mail]