Abstract:
Background and Aim: The most important legal basis for finding the approach of any criminal justice system to the phenomenon of crime detection can be seen in its formal legislative criminal policy. Of course, apart from the Code of Criminal Procedure as a general rule, in some special laws, there are provisions to determine the process of criminal investigation, the sum of which can be considered the formal criminal policy of the penal system in relation to the criminal investigation process. Thus, the purpose of this study is to investigate the need to respect human rights and citizenship rights of individuals in the process of crime detection, such as the right to a lawyer, the right to remain silent and the prohibition of arbitrary detention.Method: The method of the present study is descriptive-analytical and library.Findings and Results: In order to carry out the crime detection process efficiently, it is necessary to observe various human rights considerations such as the right of silence of the accused, having a lawyer and the prohibition of arbitrary detention by judicial officers. In Articles 2 to 7 of the Code of Criminal Procedure, the Iranian criminal policymaker has explained the general rules in the criminal procedure process, including the crime detection stage, the most important of which are principles such as legality, equality of persons before the law, protection of the principle of innocence and Observance of individual citizenship rights pointed out. Therefore,
Machine summary:
Furthermore, important issues such as the use of entrapment-based methods, adopting approaches leading to torture, and also the violation of the civil rights of individuals, still exist before the efficient and human rights-oriented implementation of the crime detection process in the criminal procedure policy of Iran; therefore, adopting strategies at different legislative and judicial levels in order to respond fundamentally to them seems important.
Mehra and Mahmoudian Esfahani (2017), "Human Rights Requirements for Crime Detection in the Iranian Legal System," the approach of this research (which aims to analyze the human rights requirements related to the rights of 195 the accused in the crime detection process in light of domestic rules and international systems has been conducted) it implies that the Criminal Procedure Act passed in 2013, based on various human rights documents, has assigned various duties to the judicial officers as the primary state agent of the crime detection stage and has expanded the rights of the accused at this stage.
Pursuant to article 122 of the Military Procedure and Penal Code (passed in 1939 with subsequent amendments and additions), military judicial officers were officials who, within the limits of the provisions of this law, were responsible for inspecting and investigating offenses within the jurisdiction of military courts and performed the actions necessary for collecting relevant evidence and documents and preventing the escape or concealment of the accused and the legal pursuit of the case.
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