EXAMINING THE DIFFERENCES BETWEEN IRAN'S CRIMINAL LAWS AND INTERNATIONAL DOCUMENTS ON TEMPORARY DETENTION ORDERS

Abstract

Temporary detention, which is also interpreted as preventive detention in criminal law, means depriving the defendant of his freedom and imprisoning him during all or part of the preliminary investigation by the judicial authority by issuing a temporary detention order, although this order is considered by some lawyers and Human rights defenders have been widely criticized, but on the other hand, some lawyers emphasize it because it is one of the guarantees of criminal policy in suppressing the criminal phenomenon. Arresting the accused, which is also interpreted as preventive detention in Iranian criminal law, means depriving the accused of his freedom and imprisoning him during all or part of the preliminary investigation, which may continue until the issuance of a final verdict or its execution, and the purpose of It is ensuring access to the accused, his timely presence in the judicial authority, preventing his escape or concealment, or erasing the traces of the crime and collusion with possible accomplices and deputies of the crime. Therefore, due to the growing importance of human rights at the national and international level, and on the other hand due to the inherent conflict between arresting a person and the principle of acquittal, which respects the rights and freedoms of the accused is one of the obvious effects of this principle, an effort has been made in this article, considering that Many provisions of the international and regional declarations of human rights have standards related to the principles of criminal procedure, including the protection of the rights of the accused and the limitation of temporary detention. It is hoped that in order to optimize the rules of the criminal procedure, it will be compared and matched with the above principles.