Political Foundation and Practical Dilemma of Compensation of Innocent Arrested Persons in Iranian Criminal Process

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Soleimani Jahanbakhsh; Goldouzian Iraj; Rouhani Moghadam Mohammad

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Journal Paper

Paper Information

Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2021 | Volume:8 | Issue:16 Page(s): 289-313

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Information Journal Paper

Title

Political Foundation and Practical Dilemma of Compensation of Innocent Arrested Persons in Iranian Criminal Process

Author(s)

Soleimani Jahanbakhsh | Goldouzian Iraj | Rouhani Moghadam Mohammad | Issue Writer Certificate

Keywords

arrest

Defendant

Compensation

Virtual Damages

Acquittal

Abstract

Innocent arrested accused is a person who is derived from one of fundamental human rights, i. e. His/ her liberty, in a period of time. Due to fairness and justice rules, if a citizen does this act and deprive someone from his/ her liberty, he has to compensate. However, this arrest is imposed based on the governmental acts, so if the state should convict and compensate to the Defendant is an important issue in any legal system that this paper will be scrutinized. It reviews the most important political theories, i. e. Social contract (on the legitimacy) and Rawl’ s theory of justice to consider this question. After finding the political foundation, it will consider the Iranian Criminal procedure in related to Compensation of the innocent arrested Defendants and offenders and finally proposes some solutions for the efficiency of Iranian Criminal Procedure Act in this respect.

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APA: Copy

Soleimani, Jahanbakhsh, Goldouzian, Iraj, & Rouhani Moghadam, Mohammad. (2021). Political Foundation and Practical Dilemma of Compensation of Innocent Arrested Persons in Iranian Criminal Process. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 8(16 ), 289-313. SID. https://sid.ir/paper/393103/en

Vancouver: Copy

Soleimani Jahanbakhsh, Goldouzian Iraj, Rouhani Moghadam Mohammad. Political Foundation and Practical Dilemma of Compensation of Innocent Arrested Persons in Iranian Criminal Process. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2021;8(16 ):289-313. Available from: https://sid.ir/paper/393103/en

IEEE: Copy

Jahanbakhsh Soleimani, Iraj Goldouzian, and Mohammad Rouhani Moghadam, “Political Foundation and Practical Dilemma of Compensation of Innocent Arrested Persons in Iranian Criminal Process,” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 8, no. 16 , pp. 289–313, 2021, [Online]. Available: https://sid.ir/paper/393103/en

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