A comparative analysis of suspect arrests without judicial authorization in Iranian and english law

Reza TALEBİ *

Department of Religious Studies, Leipzig University, Leipzig, Germany.
 
Review
International Journal of Science and Research Archive, 2024, 13(02), 3813-3828.
Article DOI: 10.30574/ijsra.2024.13.2.2632
Publication history: 
Received on 02 November 2024; revised on 28 December 2024; accepted on 30 December 2024
 
Abstract: 
In cases involving evident or significant crimes, law enforcement agencies have the authority to arrest, detain, and investigate individuals. However, a critical gap exists in many legal systems, particularly in Iran, regarding comprehensive protocols and regulations to uphold the rights and dignity of arrested individuals during this process. While the Iranian legal framework provides for the written notification of charges, it remains silent on several internationally recognized legal safeguards essential for ensuring justice and protecting individual rights. These safeguards include the obligation to respect the fundamental rights of detainees, the assurance of their safety and dignity, and the provision of clear information regarding their rights. Additionally, practices such as recording interrogations, enabling arrested individuals to notify a lawyer or acquaintances about their detention, ensuring private consultations with legal counsel, and requiring the presence of impartial authorities during investigations are notable omissions. Other important protections are also missing, like the right to a lawyer while working for the police, judicial oversight of detention periods, and ways to make sure that illegal investigations are not carried out. In contrast, the English legal system incorporates many of these safeguards, ensuring adherence to the principles of justice and transparency. Such practices include supervision of the investigation process, strict time limits on detention without justification, and the presence of a lawyer to advocate for detainees at every stage. These measures collectively aim to balance the state's investigative powers with the protection of individual rights. The absence of these protections in Iran's legal system underscores a pressing need for reform to align with international standards and ensure a more equitable justice system. This study examines the legal and procedural discrepancies in the Iranian system and highlights the potential benefits of adopting practices from more established legal frameworks, such as the English legal system, to safeguard the rights of individuals during arrest, detention, and investigation.
 
Keywords: 
Conventional Reason; Arrest; Detention; Seizure; Blatant Crimes; Judicial Order; Police; Legal Safeguards; Human Rights; And Judicial Reform
 
Full text article in PDF: 
 
Copyright information: 

Copyright © 2024 Author(s) retain the copyright of this article. This article is published under the terms of the Creative Commons Attribution Liscense 4.0