چکیده:
Background And Objectives The offense of harassing accused persons, by agents, is among the specific crimes committed by government employees. The commission of this crime, in addition to being prohibited by criminal law and citizenship and causing the spread of police offenses, causes dissatisfac- tion of the people with the function of the police (the guardians of the lives and property of the people). The story of the beating the accused person by the police is one of the most important issues in the field of social and legal relations. Centuries ago, the religion of Islam has emphasized on the preven- tion of abuse of believer’s honor and the preservation of human rights, and preserves the dignity of man as one of the tricks and teachings of its teach- ings. Methodology The research method in this study is of documentary and li- brary studies. The research is more qualitative, but the logic contained in that is an analytic logic. That is, the problem design is organized according to the research questions and has a logical sequence. The data collection is based on scientific note-taking. The issues are presented in the four bases of con- ceptualism, the Islamic and legal perspectives towards beating the accused persons and investigating the reasons for its occurrence. Findings and Results Beating the accused persons is one of the behaviors that are contrary to the law, and the committer proves his inability and lack of expertise. The article is devised in four bases of conceptualism, Islamic and legal perspectives towards beatings accused persons, as well as an examina- tion of the reasons for its occurrence. After conclusion, some strategies have been proposed in this regard.
خلاصه ماشینی:
Committing this crime, in addition to being prohibited under criminal and Islamic laws and regulations, leads to increased public dissatisfaction with police performance.
B) Sub-objectives 1- Investigating the literal and technical meaning of the phenomenon of assaulting suspects; 2- Understanding the difference between the two concepts of suspect and criminal; 3- Identifying the religious attitude regarding the phenomenon of assaulting suspects; 4- Investigating the phenomenon of assaulting suspects from the perspective of the Islamic Penal Code of the Islamic Republic of Iran; 5- Investigating some of the reasons for the commission of this phenomenon by some law enforcement officers and providing solutions for reducing and controlling this phenomenon.
Article 578 of the Islamic Penal Code directly addresses the crime of torture and states as follows: "Each of the judicial or non-judicial state employees and officials, in order to force an accused person to confess, who subjects them to physical harassment and mistreatment, shall, in addition to retaliation (Qisas) or payment of blood money (Diyah), be sentenced to imprisonment from six months to three years, as the case may be.
As a result, this article - which defines the crime of torture from the perspective of the Iranian criminal system - is the enforcement mechanism for part of Article 38 of the Constitution and considers obtaining a confession through physical harassment and mistreatment of the accused to be a crime (Shokri, 1385: 587).
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