Indicators of police activism in the freedom-based model of criminal policy (with a look at the law of Iran and international instruments)

Document Type : Original Article

Authors

1 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran.

2 PhD in criminal law and criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran

Abstract

The criminal policy is separated and modeled based on the reference criteria - freedom, power, and total domination. Freedom is the basic criterion in the freedom-based criminal policy model. The approach of international instruments is to promote this criterion in the criminal policy of countries. In this model, with the distribution of power among the different components of the governance system and the establishment of mutual supervision, some indicators are defined for the police's ability to fulfill legal duties and observance of the legitimate freedoms of the citizens. In freedom-based models, by predicting some indicators, a balance is tried to be established between the legitimate freedoms of the accused, the interests of the society, and the performance of the legal duties of the police. The activity of the judicial authorities and police within the framework of law by prior authorization of law; the supervision of the police activism and the police intervention in the affairs of citizens based on the principle of necessity are some of the indicators that freedom-based systems have defined and identified for police activity. By studying the international instruments, the constitution, and criminal laws of Iran, it can be said that the model accepted in Iran's criminal policy, in the stage of crime detection and preliminary investigations, is the freedom-based model. This research, with a descriptive-analytical method and using library resources, has sought to identify and explain the indicators of police activism in the freedom-based model of criminal policy.

Keywords

Main Subjects

References

. Ansari, valiollah, (2016), Criminal Investigation Law, Tehran, Samt Publications. [In Persian]
. Arendt, Hannah, (2022), Totalitarianism, translated by Mohsen Salasi, Tehran, third edition. [In Persian]
. Borrican, Jean; Simon, Anne Marie, (2010), Criminal Procedure, translated by Abbas Tadayyon, Tehran, Khorsandi Publishing. [In Persian]
. Cavendish Lawcards Series, (2016), English legal system, translated by Nasrin Mehra, Tehran, Mizan publishing. [In Persian]
. Catt v The United Kingdom (Case No. 43514/15), European Court of Human Rights, 24 January 2019. At: https://www.hrlc.org.au/human-rights-case-summaries/2019/7/23/european-court-of-human-rights-holds-uks-extremism-database-falls-foul-of-privacy-and-data-retention-laws
. Code of Conduct for Law Enforcement Officials Adopted by General Assembly resolution 34/169 of 17 December 1979. Retrieved from: https://www.ohchr.org/en/instruments-mechanisms/instruments/code-conduct-law-enforcement-officials
. Committee on the Rights of the Child, General comment No. 24 (2019) on children’s rights in the child justice system: CRC/C/GC/24. Retrieved from:
https://documents-dds-ny.un.org/doc/UNDOC/GEN/G19/275/57/PDF/G1927557.pdf?OpenElement
. Darabi, Shahrdad, (2018), Crime prevention in the democratic model of criminal policy, Tehran, Mizan publishing. [In Persian]
. Declaration on the Police, Resolution 690(1979). Assembly debate on 1 February 1979 (24th Sitting of the 30th Session). Text adopted by the Assembly on 8 May 1979 (2nd Sitting of the 31st Session). Retrieved from: https://b2n.ir/g30482
. Delmas-Marti, Miri, (2019), The Great Systems of Criminal Politics, translated by Ali Hossein Najafi Abrandabadi, Tehran, Mizan Publishing. [In Persian]
. Emami-Arandi, Habib, (2018), the scope of criminal responsibility of the police in crimes against privacy, in: New horizons of criminal law (Honoring of professor Dr. Hossein Aghaeinia), Tehran, Mizan Publishing. [In Persian]
. Eur. Court HR (1992), case of Pfeifer and Plankl v. Austria, judgment 25 February 1992, series A, No 227, p 18, para. 47 . Retrieved from:  https://zaya.io/4ojqn
. Eur. Court HR, case of Tomasi v. France, (Application no. 12850/87) judgment of 27 August 1992, p 39, p 116. Retrieved from: https://b2n.ir/w96960
. Qari Seyyed Fatemi, Mohammad, (2023), Analytical Essays on Rights and Liberties (volume 2), Tehran, Negah-e Moaser Publishing. [In Persian]
. Human an Rights: A Basic Handbook for UN Staff, United Nations, Office of the United Nations High Commissioner for Human Rights/United Nations Staff College Project.
. Human Rights Committee,Fifty-first session, Communication No. 458/1991, A. W.Mukong v. Cameroon (Views adopted on 21 July 1994), para 9.8. In: https://www.refworld.org/cases,HRC,4ae9acc1d.html
. Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 30 (1994). Retrieved from: http://hrlibrary.umn.edu/gencomm/hrcom20.htm
. Joneydi, Laya, (2020), rule of law, in: Encyclopaedia of legal Policy Making, by the efforts of Laya Joneydi and Amirhasan Niazpour, Tehran, Printing and Publishing Department of the Vice President's Legal Vice President's Legal Office. [In Persian]
. Khaleghi, Ali, (2014), Criminal Procedure , first volume, Tehran, Shahr Danesh Institute of Legal Studies and Research. [In Persian]
. Khazani, Manouchehr, (1999), criminal process (collection of articles), Tehran, Ganjedanesh Publications. [In Persian]
. Kleinfeld, Joshua (2017). Three Principles of Democratic Criminal Justice, 111 Nw. U. L. Rev. 1455. Available at: https://scholarlycommons.law.northwestern.edu/nulr/vol111/iss6/5
. Khosravi, Hassan, (2020), Analysis of Totalitarianism Components in North Korea, International Studies Journal (ISJ) Vol. 16, No. 4 (64), PP: 47-65. [In Persian]
. Lazarge, Christian, (2020), Introduction to criminal policy, translated by Ali Hossein Najafi Abrandabadi, Tehran, Mizan Publishing. [In Persian]
. Markaz- Malmiri , Ahmad, (2014), Rule of Law: Concepts, Basics and Concepts, Tehran, Islamic Council Research Center. [In Persian]  
. Meares, Tracey L. Tom R. Tyler, and Jacob Gardener (2015). Lawful or Fair? How Cops and Laypeople Perceive Good Policing, 105 J. Crim. L. & Criminology. Available at: https://scholarlycommons.law.northwestern.edu/jclc/vol105/iss2/1
. Meares, Tracey L. and Skogan, Wesley G.,(2004). "Lawful Policing". Faculty Scholarship Series. Paper 521. Available at:  http://digitalcommons.law.yale.edu/fss_papers/521
. Mehra, Nasreen; Mahmoudian, Kamran, (2016), Human Rights Requirements of Crime Detection in Iran's Legal System, Public Law Studies Quarterly, Summer, Volume 47, Number 2. pp: 329-356. [In Persian]
. Moghimi, Mehdi; Niazkhani, Morteza, (2010), Citizen Rights of the accused in the stage of crime discovery by the police, Karagah, second term, fourth year, winter, number 13. pp:92-124. [In Persian] 
. Movahhed, Mohammad Ali, (2021), In the air of right and justice (from natural rights to human rights), Tehran, Karnameh Publishing. [In Persian]
. Najafi Abrandabadi, Ali Hossein, (2019), Criminal Policy: From Models to Movements, (Introduction) in: Major Criminal Policy Systems; Delmas-Marti, Miri, Tehran, Mizan. [In Persian]
. Najafi Abrandabadi, Ali Hossein, (2019), Introduction to Populist Criminal Policy, (Preface) in: Introduction to Criminal Policy, Lazarge, Christian, Tehran, Mizan. [In Persian]
. Najafi Abrandabadi, Ali Hossein, (2019 A) Criminal Policy, in: Encyclopaedia of Economic Criminal Sciences, by Amir Hassan Niazpour, Tehran, Mizan Publishing. [In Persian]
. Neumann, Franz (1994), Freedom, Power and Law, translated by Ezzatoleh Foladvand, Tehran, Kharazmi Publishing. [In Persian]
. Niazpour, Amirhassan, (2022), Training of judicial officers in the light of the Criminal Procedure Law 2013, Police Knowledge Research Quarterly, year twenty-four, number three. pp: 165-191. [In Persian]
. Packer, Herbert L.(1964), Two Models of Criminal Process, University of Pennsylvania Law Review, Vol. 113, No. 1, Nov.
. Rostami, Hadi, (2020), Criminal Law and Liberalism, Tehran, Negah-e Moaser Publishing. [In Persian]
. Seydin Borojeni, Zahra; Khavaninzadeh, Hossein, (2021), Reflection on the rules governing the detection of crime from the perspective of criminal procedure law and international documents, Karagah, 15 (55): 212-193. [In Persian]
. Shamlou, Bagher, (2020), Rereading preventive criminal policy in the light of the Covid-19 pandemic and chaos theory, Legal Research Quarterly, Volume 23 (Special Letter on Law and Corona). [In Persian]
. The Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985. Retrieved from: https://zaya.io/ffbcz
. Tom R. Tyler & Jeffery Fagan, (2008). Legitimacy and Cooperation: Why Do People Help the Police Fight Crime in Their Communities?, 6 OHIO ST. J. CRIM. L. 231. Available at: https://scholarship.law.columbia.edu/faculty_scholarship/414
. Zarei, Mohammad Hossein, (2004), Good Governance, Sovereignty and Governance in Iran, Legal Research Quarterly, No. 40. pp: 155-202. [In Persian]
 
 
Journal of Comparative Law
Volume 8, Issue 3 - Serial Number 15
October 2024
Pages 89-111

Files

History

  • Receive Date: 26 April 2023
  • Revise Date: 06 July 2023
  • Accept Date: 22 August 2023

Share

How to cite

Statistics