The Judiciarys Law Journal

The Judiciarys Law Journal

A comparative study of "preventive arrest" in the criminal law of Iran and England

Document Type : Research/Original/Regular Article

Authors
1 Professor of the Department of Criminal Law and Criminology, Ferdowsi University of Mashhad
2 Doctoral student of criminal law and criminology at Ferdowsi University of Mashhad
10.22106/jlj.2024.2025834.5875
Abstract
Despite the principle of innocence, the adoption of coercive action measures through the intervention of criminal justice institutions in order to prevent the commission of a crime has become one of the basic approaches in the field of dealing with delinquency.  This research explains the position of "preventive arrest" as coercive measures in the two legal systems of Iran and England by using descriptive-analytical method and using first-hand library sources. Through a comparative study of this issue, it is clear that in the English legal system, in order to prevent crimes, police officers are allowed to detain people who are trying to commit criminal acts or are suspected of having such a will. In fact, with the expansion of the "security-oriented criminal policy" in this legal system, the powers of the police in depriving people of their freedom have expanded. also in order to prevent the maximum encroachment on the rights of citizens, in addition to the prescription of this type of detention, standards for the basic implementation of this operation have been provided in the British criminal system. On the contrary, in Iran's legal system, referring to Article 43 and 44 of the Criminal Procedure Law, "preventive arrest" is not allowed to bailiffs and the starting point of law enforcement activities is considered to be the commission of a crime and knowledge of it. According to the theoretical findings of the research, based on the British criminal system, in order to prevent the commission of security crimes, the authority of "preventive arrest" should be entrusted to the officers.
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Volume 88, Issue 128
Spring 2025
Pages 227-250

  • Receive Date 02 April 2024
  • Revise Date 14 July 2024
  • Accept Date 20 July 2024
  • First Publish Date 19 February 2025
  • Publish Date 19 February 2025