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Information Journal Paper

Title

A COMPARATIVE STUDY OF THE STAGE OF BEING UNDER SURVEILLANCE IN CRIMINAL PROCEDURE OF IRAN AND FRANCE

Pages

  3-31

Abstract

 The terms "UNDER SURVEILLANCE" are the literal translation of the word "garde a vu" in French language that has been dealt whit in the law of A.D.K. which approved in 1378 and specially in the Bill of D. K and it refers to the stage of the criminal process that the suspected of the crime is in police custody (Restraining Justice). This phase of arrest, due to its special conditions, is the extraordinary important one towards the rights of the suspected of crime. Experience has shown that the rights of the suspected at this stage compared to other stages of criminal proceeding is being more exposed to violations as far as at some point the fate of criminal case in the relatively short time that the person is under the control of the police will be determined, especially in the ordinary crimes (General). Therefore, especially in recent decades, the attention of the legislatures of different countries have been paid to ordain precise regulations for the stage of UNDER SURVEILLANCE and several safeguards have been established to protect the rights of suspects. On the other hand, given that the holding the person UNDER SURVEILLANCE of the police for preliminary investigation, and quick act to preserve the causes and effects of crime, and preventing the consequences of widespread crime, especially in the anti-organized crime of terrorism and the security is necessary, the rights of the mentioned suspected in this step has been subjected to numerous EXCEPTIONS. In this research the legal status of Iran and France (regarding the effect the law of 14 April 2011 of that country) and the innovations of Iranian Criminal Procedure Act and their differences have been discussed.

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  • Cite

    APA: Copy

    ASHURI, MUHAMMAD, & SEPEHRI, RUHOLLAH. (2014). A COMPARATIVE STUDY OF THE STAGE OF BEING UNDER SURVEILLANCE IN CRIMINAL PROCEDURE OF IRAN AND FRANCE. CRIMINAL LAW DOCTRINES, -(6), 3-31. SID. https://sid.ir/paper/216072/en

    Vancouver: Copy

    ASHURI MUHAMMAD, SEPEHRI RUHOLLAH. A COMPARATIVE STUDY OF THE STAGE OF BEING UNDER SURVEILLANCE IN CRIMINAL PROCEDURE OF IRAN AND FRANCE. CRIMINAL LAW DOCTRINES[Internet]. 2014;-(6):3-31. Available from: https://sid.ir/paper/216072/en

    IEEE: Copy

    MUHAMMAD ASHURI, and RUHOLLAH SEPEHRI, “A COMPARATIVE STUDY OF THE STAGE OF BEING UNDER SURVEILLANCE IN CRIMINAL PROCEDURE OF IRAN AND FRANCE,” CRIMINAL LAW DOCTRINES, vol. -, no. 6, pp. 3–31, 2014, [Online]. Available: https://sid.ir/paper/216072/en

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