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Information Journal Paper

Title

Postponement of the rights of the “ supervised” person in the criminal law of Iran and France

Pages

  57-82

Abstract

 In the Iranian and French legal systems, the “ monitoring” of a person suspected of committing an apparent crime by police officials in “ under police custody” is considered an important period of trial, which is the period of detention of a person. Given the importance and status of this period of proceedings and the fact that many cases may be concluded at the stage under consideration, the “ person under observation” has recognized legal rights, which in some cases the legislature observes in order to protect social interests. Has postponed salaries. Therefore, the purpose of this article is to study the postponement of the rights of the supervised person and a comparative study of these rights in the penal systems of Iran and France. The present article is applied in terms of purpose and descriptive and analytical in terms of method, which has been collected using library and documentary sources. The findings of the study showed that the postponement of the rights of the person under surveillance, although in line with social interests in the criminal laws of Iran and France, is contrary to principles such as the “ principle of equality of arms” and the “ principle of innocence. ” Therefore, in order to study the reason and discover the truth, the legislator should avoid postponing these rights as much as possible, except in cases where social interests are so important that it is not possible to achieve the truth without postponing the rights of the person under observation. Also, by examining the two legal systems, it can be concluded that the legislature in both Iran and France has conditionally accepted the person Under supervision to enjoy some rights, which indicates their postponement. However, in both legal systems-mostly in France-in many cases, with legal exceptions, the rights of the person under consideration have been violated.

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  • Cite

    APA: Copy

    Pourghahramani, Babak, & Abbasnejad, Jafar. (2020). Postponement of the rights of the “ supervised” person in the criminal law of Iran and France. SUPERVISION AND INSPECTION, 14(51 ), 57-82. SID. https://sid.ir/paper/389428/en

    Vancouver: Copy

    Pourghahramani Babak, Abbasnejad Jafar. Postponement of the rights of the “ supervised” person in the criminal law of Iran and France. SUPERVISION AND INSPECTION[Internet]. 2020;14(51 ):57-82. Available from: https://sid.ir/paper/389428/en

    IEEE: Copy

    Babak Pourghahramani, and Jafar Abbasnejad, “Postponement of the rights of the “ supervised” person in the criminal law of Iran and France,” SUPERVISION AND INSPECTION, vol. 14, no. 51 , pp. 57–82, 2020, [Online]. Available: https://sid.ir/paper/389428/en

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