Paper Information

Journal:   CRIMINAL LAW DOCTRINES   spring-summer 2016 , Volume - , Number 11 #L00560; Page(s) 53 To 86.
 
Paper: 

Sanctions for the Violation of Citizenship Rights in the Police Investigation Process

 
 
Author(s):  MOAZENZADEGAN HASSAN ALI, KOUREPAZ HUSSEIN MOHAMMAD
 
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Abstract: 
In most cases, the criminal procedure starts with interference of judicial officers and successively police investigation process. In this step, the judicial officers (as those in the frontier to explore the possible crime) should get involve with their legal duties (meanwhile understanding the importance of carefulness and speeding up in determining the situation of a person who is under supervision) because they confronts the person who is under supervision and not the accused person. Therefore, they should observe the Requirements originated from his citizenship rights. Although it has passed more than one decade of codifying the law of respect to the legality liberty and protection of citizenship rights (codified 1383) and the beginning of the discourse of the citizenship-centered and protection of his rights, independently, it has not been performed any research with concentering on this step of criminal procedure to answer this question if the judicial officers do not protect these rights, what reaction they must be confronted. The all responses to the violation of the citizenship rights of persons who are under supervision in the criminal policy of Iran can be divided into two main types: first, aggravating or sever sanction-the first generation-which contains criminal and administrative-disciplinary responses and also the soft sanctions-second generation-which are the invalidity of investigation and compensation of crime victim. Due to Article 7 and 63 of criminal procedure of Iran (1392), it is necessary to study this issue more. Therefore, the following note tries to study every response.
 
Keyword(s): Crimes against citizenship rights,A person who is under supervision,The Police Investigation,The sanctions of first and second generation
 
References: 
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