Differential Proceeding of Police Investigation in Offences Against Security of the State; Bases and Manifestation

Document Type : Original Article

Authors

1 Professor in Criminal Law and Criminology, Allameh Tabatab'i University

2 PhD in Criminal Law and Criminology, Allameh Tabatab'i University

10.48308/jlr.2024.184077.1400

Abstract

Today, with the emergence of new forms of crimes, particular the types of terrorism and organized crimes, a wave of insecurity has emerged that is the beginning of security and repressive measures. Therefore, the concerns of governments to ensure the security of citizens and potential victims, has driven them to proactive plans and actions in dealing with security offences. Including distinctive ways of police detecting and investigation, specifics of security offences. by review some terrorist acts in the past two decades can be concluded that the use of differential system in the investigationstage to combat offences, that affects the security of a society and even the international community, will not be condemned. The bases of such approach are Prevent undesirable consequences of informal and military encounters; Contribute to the prevention of acts against the security; Strengthening social relations between government and society. The reflection of the this bases and requirements can be seen in the laws of different countries, which have included exceptions in their laws regarding Under Suspicion time, The Right to Counsel and access to information. This study concludes that although the use of the differential system is not forbidden at the police investigation stage, and even is necessary and useful, the vital need for the identification of this particular system within the clear framework of rules of conduct and fair trial is also necessary to protect the safety of citizens, what in Iran's legal system does not materialize

Keywords

Main Subjects

Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 21 July 2024

Files

History

  • Receive Date: 13 July 2019
  • Revise Date: 10 June 2024
  • Accept Date: 21 July 2024

Share

How to cite

Statistics