Influential components of criminal policy in the tendency for temporary detention or judicial supervision In Islamic Jurisprudence, Iranian and British Law

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GHOLAMREZAEI hedye; MEHRA NASRIN; Kooshki Gholamhasan

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Journal: ISLAMIC LAW RESEARCH JOURNAL Year:2020 | Volume:20 | Issue:2 (50) Page(s): 399-420

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Title

Influential components of criminal policy in the tendency for temporary detention or judicial supervision In Islamic Jurisprudence, Iranian and British Law

Author(s)

GHOLAMREZAEI hedye | MEHRA NASRIN | Kooshki Gholamhasan | Issue Writer Certificate

Keywords

Temporary ArrestQ2

SurveillanceQ1

criminal procedureQ1

Defendant Iranian and British LawQ1

Islamic jurisprudenceQ1

Abstract

The principle of the release of defendants in criminal proceedings against the exceptional use of their temporary detention inspires significant orientations in criminal policy. This principle is also emphasized in jurisprudential considerations, with exemplary cases of detention of defendants. The importance of these two dimensions is heightened when the legislator recognizes new supervisory mandates in support of defendants' release under the 2013 criminal procedure Code. The developments in this law with respect to Islamic jurisprudence are in the various aspects of the provision of temporary detention and the feasibility of adapting judicial supervision to jurisprudential considerations. In addition, the UK Criminal Law Authority, as an example of different instances of security clearances, especially in the context of temporary detention, makes the various aspects of the case more precise. According to the benchmark review, it can be seen that these oversight arrangements sometimes with security readings and sometimes during the investigative phase will have wide scope for expediency of competent judicial authorities in criminal justice, although this jurisdictional and jurisprudential discretion. Practical Ruling The principle of proportionality in English law is consistent, but the particular orientation of Iranian penal policy to temporary detention reflects a legal and practical judicial approach. Nonetheless, resorting to Surveillance, mistrust and early resort to judicial oversight in Iranian criminal law, and in line with jurisprudential considerations based on the exception of temporary detention, except in cases such as the charge of murder, do not supervise the defendants as security, Rather, it provides another guarantee of securities arrangements different from English law, rooted in security terms in securities. Therefore, it seems that compliance with supervisory-based security responses is in line with the jurisprudential demand and that it can be emphasized in order to increase its use of structural and enforcement challenges in the judicial process and merely to temporary detention which is of a nature Punishment is not used.

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APA: Copy

GHOLAMREZAEI, hedye, MEHRA, NASRIN, & Kooshki, Gholamhasan. (2020). Influential components of criminal policy in the tendency for temporary detention or judicial supervision In Islamic Jurisprudence, Iranian and British Law. ISLAMIC LAW RESEARCH JOURNAL, 20(2 (50) ), 399-420. SID. https://sid.ir/paper/229507/en

Vancouver: Copy

GHOLAMREZAEI hedye, MEHRA NASRIN, Kooshki Gholamhasan. Influential components of criminal policy in the tendency for temporary detention or judicial supervision In Islamic Jurisprudence, Iranian and British Law. ISLAMIC LAW RESEARCH JOURNAL[Internet]. 2020;20(2 (50) ):399-420. Available from: https://sid.ir/paper/229507/en

IEEE: Copy

hedye GHOLAMREZAEI, NASRIN MEHRA, and Gholamhasan Kooshki, “Influential components of criminal policy in the tendency for temporary detention or judicial supervision In Islamic Jurisprudence, Iranian and British Law,” ISLAMIC LAW RESEARCH JOURNAL, vol. 20, no. 2 (50) , pp. 399–420, 2020, [Online]. Available: https://sid.ir/paper/229507/en

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