Comparative Analysis of Criminal Policy in Iran and the United Kingdom in Preventing Violations of Citizens' Rights During the Crime Detection and Preliminary Investigation Stages

Authors

    Nasrollah Amin Kaleybar Department of Law,Bi.c,Islamic Azad University,Birjand,Iran.
    Seyed Hasan Hashemi * Department of Law,Bi.c,Islamic Azad University,Birjand,Iran. hashemi@iaubir.ac.ir
    Ali Chahkandinezhad Department of Law,Bi.c,Islamic Azad University,Birjand,Iran.

Keywords:

Iranian criminal policy, British criminal policy, violation of civil rights, guarantee of execution, crime detection and preliminary investigations

Abstract

Preventing the violation of citizens’ rights during the stages of crime detection and preliminary investigation constitutes one of the most sensitive domains of contemporary criminal policy. Research indicates that neglecting to uphold the safeguards of individuals’ fundamental rights in these stages results in the erosion of the legitimacy of the criminal justice system, exacerbation of human rights violations, and a decline in public trust in the judiciary. This study conducts a comparative examination of the criminal policy mechanisms in Iran and the United Kingdom, with an emphasis on preventive factors. The article is structured with the objective of explaining structural and operational challenges and proposing effective strategies to enhance the enforceability of citizens' rights at the stages of crime detection and preliminary investigation. The innovation of this study lies in its comprehensive comparative analysis and identification of the strengths and weaknesses of each system in the area of prevention. The research methodology is based on documentary-comparative analysis, including the study of constitutional and ordinary laws, judicial precedents, and international instruments. The comparative findings reveal that although both systems have sought to prevent violations of citizens’ rights through legislative frameworks, supervisory measures, and training, the efficiency of enforcement mechanisms, the independence of oversight, and the prevailing legal culture are critical factors in the success of such policies. Emphasizing the preventive dimension and reforming the supervisory and protective structures pave the way for the improved realization of criminal justice and the advancement of human rights.

Downloads

Download data is not yet available.

References

Amirzadeh Fard, S., & Pakneiat, M. (2016). Citizenship Rights in Preliminary Investigations in the 2013 Code of Criminal Procedure. Humanities Studies, Shabak, 2(6-13).

Ashouri, M. (1999). A Look at the Rights of Defendants in Constitutional Law and the Code of Criminal Procedure for Public and Revolutionary Courts in Criminal Matters. Higher Education Complex.

Atri, I. (2019). Examining Innovations in the 2013 Code of Criminal Procedure Regarding Defendant’s Freedom During Judicial Proceedings from the Perspective of Citizenship Rights with Emphasis on Islamic Sources. Jurisprudence and History of Civilization, 16(62).

Biranvand, R. (2010). The Duties of Citizen-Oriented Police in Respecting the Rights of Defendants. Quarterly Journal of Police Knowledge, 12(3).

Cape, E., Namoradze, Z., Smith, R., & Spronken, T. (2010). Effective Criminal Defence in Europe. Intersentia.

Diani, H. (2019). Guaranteeing Citizenship Rights in Law. Journal of Political Science, Law, and Jurisprudence Studies, 5(2).

Erfani, S. (2020). The Importance of Citizenship Rights in Criminal Procedure. Journal of Citizenship Rights Studies(15).

Golkhandan, S. (2024). Exploring Deviations from Fair Criminal Trials Influenced by the Position and Status of Defendants in Iranian Law and International Documents. Human Rights from an International Perspective, Iranian Research Journal on International Relations, 1(3).

Hearnden, I. (2019). Race, Police, and Alleged Rights Violations in Britain. British Journal of Criminology, 59(1).

Heidari, E. (2014). The Scope of the Principle of Freedom in Evidence Collection in Criminal Proceedings in Iran and England. Journal of Legal Studies, Shiraz University, 6(2).

Keller, H., & Stone, A. (2008). a Europe of Rights: The Impact of the ECHR on National Legal Systems. Oxford University Press. https://doi.org/10.1093/acprof:oso/9780199535262.001.0001

Khaleghi, A., & Noori Zeinal, A. (2020). Guaranteeing Defendant’s Rights in Criminal Proceedings in Light of Public Choice Theory. Criminal law and Criminology Studies(14).

Kheirandish, R., & Amiri, F. (2017). Interactions Between Judicial Security and Citizenship Rights in Creating a Sense of Security.

Mehra, N., & Jahani, B. (2016). Citizen Arrest in Iranian and English Law. Criminal Law Research(14).

Mirsamiei, S. a.-D. (2020). Principles and Procedural Guarantees for Administrative Detention and Arrest in Armed Conflicts and Other Violent Situations.

Moazen Zadegan, H., & Kurehpaz, H. (2016). Executive Guarantees for Violations of Citizenship Rights During Police Investigations. Criminal Law Teachings, Razavi Islamic Sciences University(11).

Mohammadi, S. M. S. (2020). Defendant’s Rights in Iranian Laws with a View to Jurisprudence and International Documents. Legal Studies(10).

Mostaghimi, M. (2018). Guaranteeing Defendant’s Rights in Criminal Laws (Vol. 2).

Nematian, J. (2021). The Scope of Defendant's Rights Under Supervision in Iran Compared to Human Rights Standards. Journal of Police Knowledge Research(90).

Padfield, N., & Summers, S. (2018). Text and Materials on the Criminal Justice Process 'Fair Trials: The European Criminal Procedural Tradition and the European Court of Human Rights' (Vol. 11). Routledge.

Pakzad, B. (2020). The Necessity of Revising Criteria and Procedures for Compensating Detained Defendants in Iran’s Criminal Proceedings. Criminal Law Research(33).

Pourghahramani, B., & Rasouli, V. (2015). The Position of the Defendant’s Right to Be Informed of Evidence in Criminal Matters in Iranian and French Law, with Emphasis on the 2013 Code of Criminal Procedure. Karagah(33).

Rahmani, A. (2019). Comparison of Justice Implementation in Civil Courts and Criminal Courts in Iran’s Judicial System. Contemporary Jurisprudence and Law, 5.

Shabanli, O. (2021). The Importance of Teaching Criminal Procedure in Reducing Challenges Faced by Judicial Officers During Preliminary Investigations. Management Studies on Police Education, 14(4).

Sharifi, M. (2007). Defendant’s Rights in International Documents. Bar Association(198 and 199).

Shirpour, V. (2023). Foundations of the Defendant’s Defensive Rights in Accessing a Lawyer in International Documents, the European Union, and the Practice of the European Court of Human Rights. Comparative Legal Research in Iran and International Studies(42).

Sohrabzadeh, A. (2020). Defendant's Rights from Prosecution to Punishment Execution in District Courts. Contemporary Legal Thought, 1(2).

Tasavori, M. (2021). Examining the Rights of Defendants in Criminal Proceedings and the Rights of Respondents in Civil Proceedings.

Downloads

Published

2024-12-10

Submitted

2024-06-23

Revised

2024-10-20

Accepted

2024-10-27

Issue

Section

مقالات

How to Cite

Amin Kaleybar, . N. ., Hashemi, S. H., & Chahkandinezhad, Ali . (1403). Comparative Analysis of Criminal Policy in Iran and the United Kingdom in Preventing Violations of Citizens’ Rights During the Crime Detection and Preliminary Investigation Stages. The Encyclopedia of Comparative Jurisprudence and Law, 2(3), 238-259. https://jecjl.com/index.php/jecjl/article/view/198

Similar Articles

1-10 of 92

You may also start an advanced similarity search for this article.