Document Type : Original Article
Authors
1
Department of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University, , Tehran Iran
2
Department of Criminal Law and Criminology, Science and Research Branch, Islamic Azad University, Tehran, Iran
Abstract
Criminal security order are among the most important tools for ensuring the presence of the accused and protecting victims' rights in the criminal justice process. However, a close examination of the Code of Criminal Procedure and judicial practice reveals numerous challenges and gaps in the issuance, execution, and supervision of these orders. This article provides a critical analysis of the legal and practical framework of criminal security order, particularly in the area of temporary detention orders. It meticulously evaluates the general and specific conditions for issuing these orders, their application to natural and legal persons, and the classification of different types of criminal security order in Iranian law. The most important question of this research is: What are the challenges in the law and implementation of criminal security order within Iran’s Code of Criminal Procedure? This research in addition to identifying legal conflicts, interpretative ambiguities, and weak enforcement mechanisms, the article proposes solutions for legal reform, the establishment of consistent judicial procedures, and the protection of fundamental principles of a fair trial, such as the presumption of innocence, the separation of investigative and prosecutorial authorities, and the proportionality of orders. These solutions are offered through a comparative study, with a special focus on the French Code of Criminal Procedure. This descriptive-analytical article, using library resources and practical case law endeavors to identify structural and procedural challenges (such as legal conflicts, structural ambiguities, and implementation gaps) and, through a comparative analysis with French criminal procedure, proposes remedial solutions (including legal reform, greater use of judicial supervision orders, and the creation of a unified judicial precedent) to address the existing problems
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