The period of temporary detention in Iran and Arab Countries (Egypt, Saudi Arabia and Lebanon)

Document Type : Original Article

Authors

1 Assistant Professor of Law, Faculty of Humanities, Bu Ali Sina University, Hamadan, Iran.

2 PhD Student in Criminal Law and Criminology, Faculty of Law and Political Science, Allameh Tabatabai University, Tehran, Iran.

3 Master of Criminal Law for Children and Adolescents, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

Abstract

One of the goals of criminal procedure is to protect the right to liberty.Temporary detention is a violation of this right, which in the present study is examined for a maximum period of time in the light of criminal policy findings. Some countries, under the influence of security-oriented criminal policies, consider the accused as a dangerous enemy and violate his right to liberty under the pretext of providing maximum security to the society and increase the maximum period of temporary detention or indefinite detention.The approach of Saudi and Lebanese law in terms of not setting a maximum period of temporary detention in criminal investigations is influenced by the security model of criminal justice and expediency.In these systems, the judiciary has full authority at its discretion and in order to achieve the good of the offender and the victim, and can violate the right to liberty; In this case, the atmosphere of the criminal justice system will take on the color and smell of security, and criminal policy will move towards the dehumanization of the criminal response. Contrary to the above view, the adoption of a tolerant criminal policy with a little tolerance in Egypt and Iran has led to a shorter maximum detention period. From an interactionist criminological point of view, which views criminal justice institutions as labeled institutions and processes, this reduces criminal intervention and, as a result, defendants are less likely to face criminal labeling. However, in some countries, such as Egypt and even Iran, sparks of security-oriented criminal policy have prevailed in the legal system that have empowered the political authority to detain individuals without maximum detention.This article seeks to discover the strengths and strengthen them and find the weaknesses and reduce them by analytical and descriptive methods, and therefore can be effective in improving criminal policy.

Keywords

Main Subjects

References

Ashouri, Mohammad, Criminal Procedure, Vol. 1, Sixth Edition, Tehran, Samat Publications, 2019. (In Persian)
Ashouri, Mohammad and Rahmat, Mohammad Reza, "Pattern of Dignified Criminology of Patient Differential Detention in Criminal Procedure in 1999 and 2013", Teachings of Criminal Law, Razavi University of Islamic Sciences, No. 7, Spring and Summer 2014. (In Persian)
Akbari, Massoud and Qanad, Fatemeh; Government Response to Deviation in Iran's Criminal Policy, Ch 1, Tehran, Majd Publications, 2016. (In Persian)
Taghizadeh, Muharram, "Comparative study of temporary detention in Iranian and French law", Detective, No. 39, Year 9, pp. 106-122, Summer 2017. (In Persian)
Tavaklian, Fatemeh, Temporary Detention in Iranian Law and International Documents, Master Thesis, Islamic Azad University, Shahroud Branch, 2015. (In Persian)
Khaleghi, Ali, Criminal Procedure, vols. 1 and 2, and 28, Tehran, Shahr-e-Danesh Publications, 2015. (In Persian)
Khaleghi, Ali, Notes in the Code of Criminal Procedure, Ch 8, Tehran, Shahr-e-Danesh Publications, 2016. (In Persian)
Rahimi, Musa and Rahimi Dehsouri, Reza, Statements in the Code of Criminal Procedure, Tehran, Judiciary Press and Publications Center, 2019. (In Persian)
Dadsetan, Parikh, Criminal Psychology, Che Ninth, Tehran, Samat Publications, 2011. (In Persian)
Rostami, Hadi, Criminal Procedure Code, Ch 1, Tehran, Mizan Publishing, 2019. (In Persian)
Rostami Tabrizi, Lamia and Mohtashami, Neda, "Theory of Interactionism and its Critical Analysis", Legal Studies, Volume 5, Number 2, Fall 2013. (In Persian)
Sadeghi, Mohammad Hadi, "The Conflict of Expediency and Victim Rights in Islamic Criminal Law", Quarterly Journal of Teacher of Humanities, Volume 9, Number 3, 2015. (In Persian)
Tahmasebi, Javad and Golriz, Amin, "A Comparative Study of Temporary Detention in the Rules and Procedures of International Criminal Courts with Human Rights and Domestic Law Documents", Comparative Law Studies, Volume 3, Number 2, Fall and Winter 2012. (In Persian)
Tahmasebi, Javad, Criminal Procedure Code, Vol. 1, Ch. 3, Tehran, Mizan Publications, 2017. (In Persian)
Alipour, Hassan and Yekrangi, Mohammad, "Legal system and human rights in Saudi Arabia", Strategic Studies, No. 1, Year 20, Serial No. 75, Spring 2017. (In Persian)
Ghamami, Seyed Mohammad Mehdi, Comparative Public Law of Lebanon, Tehran, Imam Sadegh University Press, 2017. (In Persian)
Qanad, Fatemeh and Akbari, Massoud, "Security Policy of Criminal Policy", Criminal Law Research, Fifth Year, Issue 18, Spring 2017. (In Persian)
Karkhiran, Mohammad Hossein, The most complete collection of criminal procedure, Volume 2, Tehran, Rah-e Novin Publications, 2014. (In Persian)
Keshvari Baghan, Saeed, Temporary Detention in Iranian Criminal Law and International Documents with an Approach to the Rights of the Accused, Master Thesis, Shahid Beheshti University, 2005. (In Persian)
Goldoust Joybari, Rajab, Criminal Procedure Code, Ch 12, Tehran, Jangal Publications, 2020. (In Persian)
Najafi Abrandabadi, Ali Hossein and Hashembeigi, Hamid, Encyclopedia of Criminology, Ch 4, Tehran, Ganj-e-Danesh Publications, 2016. (In Persian)
"Discourse of the Legislator's Criminal Policy in the Criminal Procedure Code of 2013", in: Ulfat, Nematullah "By Effort", Collection of Memorandum Articles Dr. Nasser Ghorbannia, Ch 2, Qom, Mofid University Press, 2017. (In Persian)
Following Dignified Criminal Justice, Special Issue of the Conference on Judiciary and Citizenship Rights, 2007.
Criminal Sociology Lectures, edited by Mehdi Sabouripour, revised in 2012. (In Persian)
Noorbaha, Reza, "Wandering Criminal Policy", Journal of Legal Research, Nos. 25 and 26, Summer 1999. (In Persian)
Mansouri, Seyed Mehdi, Jurisprudential Principles of Temporary Detention in Crimes Against Physical Integrity, Journal of Islamic Law, Year 6, Issue 21, Summer 2009. (In Persian)
Moazenzadegan, Hassan Ali and Changai, Farshad and Rahdarpour, Hamed, Decreased criminal responsibility of children and adolescents in criminal offenses approved by the Islamic Penal Code 1392, National Conference on Criminal Policy of Iran against delinquency and victimization of children and adolescents, 2014. (In Persian)
Hejbralsadati, Hanieh and Soleimani Korani, Sanaz, "Legal Victimology and its Applications in Criminal Investigation", Detective, Year 9, No. 34, Spring 2016. (In Persian)
Elahimanesh, Mohammad Reza and Rahimi, Mohammad Mehdi, Criminal Procedure Code, Vol. 1, Ch. 2, Tehran, Majd Publications, 2015. (In Persian)
Yazdanian, Mohammad Reza, "Innovations of the new law of criminal procedure regarding temporary detention: a comparative approach", Detective, Volume 2, Number 31, Year 8, Summer 2015. (In Persian)
Abu Amer, Muhammad Zaki, Criminal Procedures, Beirut, Al-Halabi Human Rights Publications, 2010.
Al-Zafran, Abdullah, Precautionary Detention in the System of Criminal Procedure and Islamic Law in Comparison with Positive Law, Research Presented for a Master’s Degree in Criminal Functioning - Specialization in Islamic Criminal Legislation, Naif Arab University for Security Sciences, Saudi Arabia, 2005.
Hosni, Mahmoud Naguib, Explanation of the Code of Criminal Procedure, 2nd Edition, Cairo, Dar Al-Nahda Al-Arabiya, 2019.
Salameh, Ismail Muhammad, “Arrest is a more accurate term for pre-trial detention,” Public Security, Issue 103, pp. 12-15, Dhul-Hijjah 2010.
Salama, Mamoon Muhammad, Criminal Procedures in Egyptian Legislation, Volume 2, Cairo, Dar Al-Fikr Al-Arabi, 2018.
Al-Salmi, Hafez, “Pretrial Detention,” Public Security, Issue 28, Sha’ban 2019, pp. 91-104.
Al-Sharidi, Musaed, Pre-trial detention in the criminal procedure system: a comparative study, supplementary research submitted to obtain a master’s degree in the Department of Sharia Politics, Imam Muhammad bin Saud Islamic University, Saudi Arabia, 2004.
Abdel Moneim, Suleiman, Principles of Criminal Procedure, Part 2, Beirut, Al-Halabi Human Rights Publications, 2016.
Al-Azzawi, Ahmed Wali, “The ruling on the check associated with a term and the extent of the precautionary attachment according to it”, the Judiciary, Issues 1 and 2, the forty-third year, pp. 293 TA 297, 2020.
Al-Askari, Sabri, “Pre-trial detention after the issuance of the investigations law: questions and problems in the application”, Lawyer, No. 9 and 10, fifty-second year, pp. 113-118, November and December 2020.
Allam, Hassan, “Arrest of Persons and Pre-trial Detention between the Constitution, the Code of Criminal Procedure and the Exceptional Laws”, The Lawyer, Nos. 3 and 4, Sixtieth Year, pp. 39-60, March and April 2019.
Al-Ghaidani, Mishaal, Precautionary Detention Guarantees in the Saudi Criminal Procedure System, a thesis for obtaining a master’s degree, Naif Arab University for Security Sciences, Saudi Arabia, 2016.
Fawzi Heshmat, “Pretrial Detention and Imprisonment Applicable to the Public Prosecution Authority after Law 107 of 1962,” Law Firm, Nos. 8 and 9, 44th year, pp. 654-655, April and May 2019.
Fawzi, Amara, investigative judge, thesis submitted for obtaining a doctorate of science, University of the Brothers Mentouri Constantine, Algeria, 2018.
Lotfi Jumaa, Rabeh, “Pretrial Detention and Absolute Imprisonment,” Public Security, Issue 51, pp. 21-26, Rajab 2020.
Al-Moatasem Billah, Adham, Pre-trial detention between the legal text and implementation, Beirut, Al-Halabi Human Ri
Journal of Comparative Law
Volume 5, Issue 2 - Serial Number 8
October 2022
Pages 139-160

Files

History

  • Receive Date: 25 November 2020
  • Revise Date: 13 January 2021
  • Accept Date: 15 March 2021

Share

How to cite

Statistics