نوع مقاله : مقاله پژوهشی
نویسندگان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The principle of the release of defendants in criminal proceedings, as opposed to the exceptional use of their temporary detention, inspires significant orientations in criminal policy. This principle is also emphasized in jurisprudential considerations, with exemplary cases concerning the detention of defendants. The importance of these two dimensions increases when the legislator recognizes new supervisory mandates supporting the release of defendants under the 2013 Criminal Procedure Code. The developments in this law, with respect to Islamic jurisprudence, relate to various aspects of temporary detention and the feasibility of adapting judicial supervision to jurisprudential considerations. In addition, the UK criminal law system, as an example of different instances of security clearances—especially in the context of temporary detention—makes the various aspects of the issue more precise. According to the comparative review, these oversight arrangements, sometimes involving security interpretations and sometimes arising during the investigative phase, provide a wide scope for the discretionary authority of competent judicial officials in criminal justice, although this jurisdictional and jurisprudential discretion operates under the principle of proportionality consistent with English law. However, the particular orientation of Iranian penal policy toward temporary detention reflects a legal and practical judicial approach. Nonetheless, the reliance on surveillance, mistrust, and early resort to judicial oversight in Iranian criminal law—consistent with jurisprudential considerations that treat temporary detention as an exception—suggests that, except in cases such as murder charges, the supervision of defendants does not serve as a security measure. Rather, it provides another type of guarantee through securities arrangements different from those in English law, rooted in the concept of security in Islamic jurisprudence. Therefore, it seems that adherence to supervisory-based security responses aligns with jurisprudential demands, and emphasizing their application can help address structural and enforcement challenges in the judicial process, avoiding unnecessary recourse to temporary detention, which is punitive in nature.
کلیدواژهها [English]
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