Document Type : Research/Original/Regular Article

Authors

• afsaneh zamani jabbari ¹
• mahmood saber ²
• mohammad farajiha ³

¹ Judge of Justice, PhD in Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran

² Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran

³ Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Tarbiat Modares University, Tehran, Iran

Abstract

The application of preventive measures against activities involving the occurrence of criminal and harmful results in the public interest, in accordance with Article 114 of the Criminal procedure code, faces fundamental challenges in three categories: legislative, judicial, and executive. The purpose of this study is to provide solutions and express the necessities for overcoming these challenges. The approach of this research is qualitative-exploratory. The article concludes that the admission of an immediate trial and an interim injunction in criminal matters, the provision of an approving Supervision by the prosecutor, the inclusion of precautionary measures, and the need for periodic review can compensate for the Deficiencies
of a fair trial. Determining criteria instead of defining concepts, risk assessment based on prerequisites, identifying the principle of good faith, adhering to the criteria of fitness and necessity, balancing preventive measures, and economic development are among the solutions and necessities that are provided to address other challenges. Also, in order to enrich the results, in some cases, the experience of other criminal systems has been used.

Keywords

• Article 114 of the Criminal procedure code
• Coercive Preventive Measures
• General interests
• Criminal prosecution system

Main Subjects

• Criminal Procedure