چکیده:
Police are authorized to arrest, detain, and investigate citizens in visible or important crimes. Laws and regulations in the country are silent regarding observing respect for the majority of dos and don'ts of dignified and law-based behavior with detainees at this stage. Commitment and guarantee to proper care of individuals, the right to legal advice and informing individuals of these rights, recording interrogations, the right to inform the lawyer or family about the arrest, the right to contact and private consultation with a lawyer, the presence and supervision of impartial authorities in the investigation, periodic review to ensure the justification of arrest and detention, the presence of assigned and permanent lawyers in the police department, guaranteeing the annulment of investigations, etc., are essential components of the English legal system. The Iranian legal system has remained silent on most of the above, except for the written notification of the reasons for the accusation.
خلاصه ماشینی:
Arrest of the accused without a judicial order: A comparative study in Iranian and English Law Ayatollah Parvizifard* PhD student of criminal law and criminology, Faculty of Law and Political Science, University of Tehran (Date of receipt: 2009/11/17 - Date of approval: 2012/01/05) Abstract: Police are authorized to arrest, detain, and investigate citizens on their own initiative in apparent or important crimes.
Considering the importance and position of the police in the criminal justice system and the undeniable impact of routine measures on the fate of the case, it is necessary to examine the concept and rules of police arrests in the legal systems of Iran and England.
While the boundary between arrests and other forms of detention does not have precise clarification, it can be said that the main structure and official function of arrest is the deprivation of a person's physical freedom in order to keep him in the police station with the aim of assisting in the investigation of the crime or ensuring their presence in court.
In our country, Article 32 of the Constitution and Article 24 of the Code of Criminal Procedure stipulate informing of the charge and written notification of reasons, and Article 5 of the Law on Citizens' Rights stipulates informing the families of detainees as among the essential regulations in police arrests and the detention stage.
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