THE LEGAL SYSTEM OF COMPENSATION FOR DAMAGE CAUSED BY THE ARREST OF THE INNOCENT SUSPECTS; A RESEARCH ON COMPARATIVE LAW AND IRANIAN LAW

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SHAYGAN ESMAIL; ASHOURI MUHAMAD

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Paper Information

Journal: CRIMINAL LAW RESEARCH Year:2018 | Volume:6 | Issue:23 Page(s): 47-79

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Information Journal Paper

Title

THE LEGAL SYSTEM OF COMPENSATION FOR DAMAGE CAUSED BY THE ARREST OF THE INNOCENT SUSPECTS; A RESEARCH ON COMPARATIVE LAW AND IRANIAN LAW

Author(s)

SHAYGAN ESMAIL | ASHOURI MUHAMAD | Issue Writer Certificate

Keywords

CIVIL LIABILITY

CIVIL LIABILITY OF THE ADMINISTRATION

DETENTION

JUDGE’ FAULT AND ERROR

FIGHTS REFERENCE

Abstract

According to the new Criminal Procedure Code, the government's responsibility is accepted for damage caused by the arrest of the innocent suspect whether the damage is attributable to judge or other persons’ fault.The given law, in addition to recognizing the “right” of an injured party concerning the, suffers due to temporary DETENTION, has guaranteed the special procedure in order to implement this right. This legislative measures can be interpreted as a step towards the realization of a fair trial and respect for the presumption of innocence (Article 37 of the Constitution of the Islamic Republic of Iran).This Anticipated legal system in the new Criminal Procedure has placed the government as a barrier between the injured party and the offender judge. Accordingly, innocent suspect demands the damage caused by the temporary DETENTION from government and the government can refer to the blamable judge after the compensation under the circumstances.

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APA: Copy

SHAYGAN, ESMAIL, & ASHOURI, MUHAMAD. (2018). THE LEGAL SYSTEM OF COMPENSATION FOR DAMAGE CAUSED BY THE ARREST OF THE INNOCENT SUSPECTS; A RESEARCH ON COMPARATIVE LAW AND IRANIAN LAW. CRIMINAL LAW RESEARCH, 6(23 ), 47-79. SID. https://sid.ir/paper/266552/en

Vancouver: Copy

SHAYGAN ESMAIL, ASHOURI MUHAMAD. THE LEGAL SYSTEM OF COMPENSATION FOR DAMAGE CAUSED BY THE ARREST OF THE INNOCENT SUSPECTS; A RESEARCH ON COMPARATIVE LAW AND IRANIAN LAW. CRIMINAL LAW RESEARCH[Internet]. 2018;6(23 ):47-79. Available from: https://sid.ir/paper/266552/en

IEEE: Copy

ESMAIL SHAYGAN, and MUHAMAD ASHOURI, “THE LEGAL SYSTEM OF COMPENSATION FOR DAMAGE CAUSED BY THE ARREST OF THE INNOCENT SUSPECTS; A RESEARCH ON COMPARATIVE LAW AND IRANIAN LAW,” CRIMINAL LAW RESEARCH, vol. 6, no. 23 , pp. 47–79, 2018, [Online]. Available: https://sid.ir/paper/266552/en

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