THE PRINCIPLE OF PROPORTIONALITY OF BAILS IN IRANIAN CRIMINAL PROCEDURE

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

RAJAB MOHAMMAD ALI

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2017 | Volume:81 | Issue:98 Page(s): 63-82

Download Full-Text

Persian Verion

View:

1,550

Download:

Cites:

Information Journal Paper

Title

THE PRINCIPLE OF PROPORTIONALITY OF BAILS IN IRANIAN CRIMINAL PROCEDURE

Author(s)

RAJAB MOHAMMAD ALI | Issue Writer Certificate

Keywords

BAILQ1

PRE-TRIAL DETENTIONQ1

PROPORTIONALITYQ1

CRIMINAL PROCEDUREQ2

ECHRQ2

Abstract

Use of BAIL is one of decisions allowed for judiciary authorities within CRIMINAL PROCEDURE particularly during the pre-trial investigations and forensic searches in order to assure the accessibility to and presence of the accused or defendant for trial. However, at the same time taking any kind of BAIL or PRE-TRIAL DETENTION actually limits the accused’s rights and liberties or even, deprives him thereof. Therefore, this will be a scene of the dual status of CRIMINAL PROCEDURE again: to protect the society and to guaranty the rights and prerogatives of the defendant-which makes the case a reasonable ground to survey this challenge again. There are principles and frames like legality or limitations on pre-trial searches and forensic investigations which are provided to ensure the respect for rights and liberties of citizens. Amongst all, the principle of PROPORTIONALITY for BAILs and pretrial detention must be construed as a resort to restrict the appliance of public authority in unnecessary cases. In other words, the public authority must be merely restricted to the cases it is necessary to achieve a legitimated good according to the principle of PROPORTIONALITY. Therefore, if there is a goal of ensuring the accessibility and presence of the defendant then it must be restricted to the minimum level of penal intervention of state as far as the goal is obtained. This article is to provide an analysis of principle of PROPORTIONALITY with respect to other principles of public law and then, having an inquiry over the judicial practices of legal systems - particularly jurisdictions of the European Court of Human Right (ECHR), we shall try to assay for legal grounds of the principle in Iranian legal system.

Cites

No record.

References

No record.

Cite

APA: Copy

RAJAB, MOHAMMAD ALI. (2017). THE PRINCIPLE OF PROPORTIONALITY OF BAILS IN IRANIAN CRIMINAL PROCEDURE. THE JUDICIARY’S LAW JOURNAL, 81(98 ), 63-82. SID. https://sid.ir/paper/137898/en

Vancouver: Copy

RAJAB MOHAMMAD ALI. THE PRINCIPLE OF PROPORTIONALITY OF BAILS IN IRANIAN CRIMINAL PROCEDURE. THE JUDICIARY’S LAW JOURNAL[Internet]. 2017;81(98 ):63-82. Available from: https://sid.ir/paper/137898/en

IEEE: Copy

MOHAMMAD ALI RAJAB, “THE PRINCIPLE OF PROPORTIONALITY OF BAILS IN IRANIAN CRIMINAL PROCEDURE,” THE JUDICIARY’S LAW JOURNAL, vol. 81, no. 98 , pp. 63–82, 2017, [Online]. Available: https://sid.ir/paper/137898/en

Related Journal Papers