Paper Information

Journal:   AZAD LEGAL RESEARCHES   SPRING-SUMMER 2008 , Volume - , Number 3; Page(s) 137 To 167.
 
Paper: 

A SYNOPTIC STUDY ABOUT CONFINEMENT OR APPREHENSION OF SUSPECT UNDER POLICE SURVEILLANCE OR WITH THE ORDER OF A JUDGE

 
 
Author(s):  MOHAMMADI HAMID*
 
* 
 
Abstract: 

Under the Iranian constitution and the Criminal Code of Procedure, Judicial authorities and officers of the Court possess certain powers to carry on or to complete investigations in criminal cases and matters hence; after arresting the accused, there is a power to keep and confine the accused under arrest in a certain specific place where he is under protection and control.
Obviously/ Keeping the accused under confinement and custody without Legally charging him with a crime and without issuing a writ or any other specific legal decision, strictly on an order of the officer of the court, specially in “Obvious and blatant crimes”, and with the order of a Judge in cases he or she deems necessary, the accused will be kept incarcerated.
Confinement of the accused is in any event a form of imprisonment, hence a violation of Personal freedoms and this is in contradiction with peoples civil rights, freedoms and self security. On the other hand these attempts to restrict the accuser’s freedoms may come from wrongful intentions. At times the 24 hours limit at lowed under the Law to detain the accused may increase to 48 hours for certain reasons and times with an order an order from a Judge to 120 hours.
Under the Iranian Constitution and the Criminal Code of Procedure, Judicial authorities and officers of the Court possess certain powers to carry on or to complete investigations in criminal cases and matters; hence; after arresting under arrest in a certain specific place where he is under protection and control.
Obviously; Keeping the accused under confinement and custody with out Legally charging him with a crime and with out issuing a writ or any other specific legal decision, strictly on an order of the officer of court, specially in “Obvious and blatant crimes”, and with the order of a Judge in cases he or she deems necessary, the accused will be kept incarcerated.
Confinement of the accused is in any event a form of imprisonment, hence a Violation of Personal freedoms an this is in contradiction with peoples civil rights, freedoms and self security. On the other hand these attempts to restrict the accuser’s freedoms may come from wrongful intentions. At times the 24 hours limit at lowed under the Law to detain the accused may increase to 48 hours for certain reasons and at times with an order from a Judge to 120 hours.

 
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