پژوهشنامه حقوق اسلامی (Jan 2020)
Influential components of criminal policy in the tendency for temporary detention or judicial supervision In Islamic Jurisprudence, Iranian and British Law
Abstract
The principle of the release of defendants in criminal proceedings against theexceptional use of their temporary detention inspires significant orientations incriminal policy. This principle is also emphasized in jurisprudentialconsiderations, with exemplary cases of detention of defendants. Theimportance of these two dimensions is heightened when the legislatorrecognizes new supervisory mandates in support of defendants' release underthe 2013 Criminal Procedure Code. The developments in this law with respectto Islamic jurisprudence are in the various aspects of the provision oftemporary detention and the feasibility of adapting judicial supervision tojurisprudential considerations. In addition, the UK Criminal Law Authority, asan example of different instances of security clearances, especially in thecontext of temporary detention, makes the various aspects of the case moreprecise. According to the benchmark review, it can be seen that theseoversight arrangements sometimes with security readings and sometimesduring the investigative phase will have wide scope for expediency ofcompetent judicial authorities in criminal justice, although this jurisdictionaland jurisprudential discretion. Practical Ruling The principle of proportionalityin English law is consistent, but the particular orientation of Iranian penalpolicy to temporary detention reflects a legal and practical judicial approach.Nonetheless, resorting to surveillance, mistrust and early resort to judicialoversight in Iranian criminal law, and in line with jurisprudentialconsiderations based on the exception of temporary detention, except in casessuch as the charge of murder, do not supervise the defendants as security,Rather, it provides another guarantee of securities arrangements different fromEnglish law, rooted in security terms in securities. Therefore, it seems thatcompliance with supervisory-based security responses is in line with thejurisprudential demand and that it can be emphasized in order to increase itsuse of structural and enforcement challenges in the judicial process and merelyto temporary detention which is of a nature Punishment is not used.
Keywords
