Differential Pre-Trial Detention of Ill People in Criminal Procedure Regulations of Iran (1378 & 1392

Document Type : Original Article

Authors

1 (Professor at Islamic Azad University)

2 (A PhD student of Criminal Law & Criminology)

Abstract

Individualized principle of preliminary judicial inquiry and applying its tools is one of the points which has a noticeable importance in the issue of dignifying the criminal procedure. It can be seen in the issue of the execution of punishments as intolerance of punishment. According to Article502 of the criminal procedure of Iran (codified 1392), if the convicted with respect to forensic medicine is not able to tolerate punishment, the continuity of imprisonment will be prevented with consideration of legal provisions. The issue of intolerance of punishment regard to the Islamic legal punishment of lashes (the penalties for Hadd offences) has been mentioned in the Islamic Penal Code of Iran. From the other side, pre-trial detention as a great court wire (order) is necessary for some cases which are implied in Articles 237 and 238 of criminal procedure of Iran (1392) and acting according to it is obligation for the interrogators. In other cases, the other court wires (orders) because of disability to introduce a bondsman or standing bail lead to pre-trial detention. Here is a question “what are the situations of ill defendants?”. Is there harmonious between dignifying principles of the Islamic criminal procedure and the duties of the interrogators? Can we believe in differential procedure? The author believes using of a kind of differential procedure which is based on criminological teachings and human dignity in the debate of pre-trial detention.
 

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