Reviewing and criticizing the possibility of continued interim detention under Article 242 of the Criminal Procedure Code, approved in 2013 In the light of international rules

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Chegeni mahdi; Biglary Pooyan; Mirzakhani Ali

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Journal: International Police Studies Quarterly Year:2019 | Volume:10 | Issue:37 Page(s): 9-30

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Title

Reviewing and criticizing the possibility of continued interim detention under Article 242 of the Criminal Procedure Code, approved in 2013 In the light of international rules

Author(s)

Chegeni mahdi | Biglary Pooyan | Mirzakhani Ali | Issue Writer Certificate

Keywords

arranged

interim detention

extended interim detention

Violation of Law

Abstract

One of the supply contracts provided for in the Criminal Procedure Code is provisional arrest. This article examines the legal status of temporary arrest in domestic law and the terms of issuing this clause in international treaties. In the following, the differences in the arrest arising from the issuance of bail and bail and the imposition of interim detention, we examine the conditions for the issuance of the sentence in the Code of Criminal Procedure Act of 1392, in which cases is it possible to continue the arrest or detention of the accused? Because in Article 242 of the Code of Criminal Procedure, 1392, a time limit is set for the continued imprisonment of the accused, which may not be concluded within this deadline, and in practice the need for the continued arrest of the accused is due to reasons including escape fear, On the other hand, the continued imprisonment of the accused is also contrary to the legal principles and rights. In these cases, the judges are confused because, on the one hand, they can not violate the law, and, on the other hand, respect the rights of the victim and the community and ensure that one of the main goals The criminal system is violated. Afterwards, while expressing the views of the doctrine and jurisprudence, they criticize them and express their disadvantages and merits. Finally, the conflict of temporary arrest with legal principles is addressed and this is considered in terms of legal principles.

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APA: Copy

Chegeni, mahdi, Biglary, Pooyan, & Mirzakhani, Ali. (2019). Reviewing and criticizing the possibility of continued interim detention under Article 242 of the Criminal Procedure Code, approved in 2013 In the light of international rules. POLICE INTERNATIONAL STUDIES, 10(37 ), 9-30. SID. https://sid.ir/paper/408511/en

Vancouver: Copy

Chegeni mahdi, Biglary Pooyan, Mirzakhani Ali. Reviewing and criticizing the possibility of continued interim detention under Article 242 of the Criminal Procedure Code, approved in 2013 In the light of international rules. POLICE INTERNATIONAL STUDIES[Internet]. 2019;10(37 ):9-30. Available from: https://sid.ir/paper/408511/en

IEEE: Copy

mahdi Chegeni, Pooyan Biglary, and Ali Mirzakhani, “Reviewing and criticizing the possibility of continued interim detention under Article 242 of the Criminal Procedure Code, approved in 2013 In the light of international rules,” POLICE INTERNATIONAL STUDIES, vol. 10, no. 37 , pp. 9–30, 2019, [Online]. Available: https://sid.ir/paper/408511/en

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