Temporary detention in the European Court of Human Rights, and compare it with the following regulations in the Code of Criminal Procedure 92

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MEHRA NASRIN; Barghi Mohammad mehdi

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Journal: Legal Research Year:2019 | Volume:21 | Issue:84 Page(s): 109-138

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Title

Temporary detention in the European Court of Human Rights, and compare it with the following regulations in the Code of Criminal Procedure 92

Author(s)

MEHRA NASRIN | Barghi Mohammad mehdi | Issue Writer Certificate

Keywords

temporary detentionQ2

the European Court of Human RightQ1

Code of Criminal ProcedureQ1

deprivation of libertyQ1

Abstract

deprivation of liberty from persons who accused of crime to a temporary detention is one of the effects of the conflict between the right to security and liberty; because on the one hand, right to freedom of persons appropriate that any restrictions cannot be created to whom his guilt has not been established by any court. In other hand, access to the accused and also establish a fair criminal trial it is requires that such a person face with limitations in the field of freedom. Today, this has caused that although documents such as the European Convention of Human Rights accept temporary detention institutions for protecting the interests of society but in the implementation and due to the opinions issued by the European Court of Human Right, some criteria and mechanisms are considered to ensure the respect of human rights to persons affected by temporary detention. In Iran, in the new criminal procedure law was accepted temporary detention code, and also was tried to emphasize some of the international standards including necessity of reasonable suspicion of committing a crime by the accused to issue, necessity of criminal proceedings after issuance and the possibility of objecting and etc. Likewise, there are some flaws and problems in the new law including restricting the issuance of a temporary detention to some specific crimes and also the lack of specific sanctions for violations of officials.

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APA: Copy

MEHRA, NASRIN, & Barghi, Mohammad mehdi. (2019). Temporary detention in the European Court of Human Rights, and compare it with the following regulations in the Code of Criminal Procedure 92. REVUE DE RECHERCHE JURIDIQUE, 21(84 ), 109-138. SID. https://sid.ir/paper/379415/en

Vancouver: Copy

MEHRA NASRIN, Barghi Mohammad mehdi. Temporary detention in the European Court of Human Rights, and compare it with the following regulations in the Code of Criminal Procedure 92. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2019;21(84 ):109-138. Available from: https://sid.ir/paper/379415/en

IEEE: Copy

NASRIN MEHRA, and Mohammad mehdi Barghi, “Temporary detention in the European Court of Human Rights, and compare it with the following regulations in the Code of Criminal Procedure 92,” REVUE DE RECHERCHE JURIDIQUE, vol. 21, no. 84 , pp. 109–138, 2019, [Online]. Available: https://sid.ir/paper/379415/en

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