A comparative study of the effects of judicial supervision in Iranian and French law

Document Type : Original Article

Authors

1 PhD Student of criminal law and criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran.

2 Assistant Professor of criminal law and criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran: Corresponding Author

3 Assistant Professor of criminal law and criminology, North Tehran Branch, Islamic Azad University, Tehran, Iran.

Abstract

Judicial oversight is one of the most important issues in criminal procedure that has always been the subject of discussion and opinion. This article tries to make a comparative study of judicial supervision in Iranian and French law. The present article is a descriptive-analytical study and examines the question using the library method. The results indicate that in the French criminal justice system, the only alternative to temporary detention is judicial supervision as a criminal security that includes and supplies all the assets of this system and adopts a unified approach and the need to pay attention to the needs of investigation and action. Tamin seeks to create the conditions for maximum balance between security and freedom. In the Iranian criminal procedure, however, despite the provision of judicial supervision as an alternative to temporary detention and some subscriptions with French law, due to the dual approach adopted by the legislature, the main, single and independent function of this criminal institution is subordinate, dual and complementary. Has become. Considering the recourse and using examples such as deterrence and obstruction and having a supervisory aspect, it may be said that in case of recourse to the judicial authority along with other appointments to any of the foreseen cases, judicial supervision is in order to prevent and correct the accused and guarantee The more the victim's salary, the more security will be taken from the accused, which violates the purpose of judicial supervision and is in opposition to criminal justice and the establishment of its goals, and not only loses its main mission, but also the efficiency of this institution. It has a negative effect. The need to pay attention to a unified approach to security and oversight appointments in Iranian law, such as French law, provides the maximum context for the investigating authority to accurately take steps to fully protect the rights of victims of crime and provide the most appropriate security in conflict with Individual liberties are not desirable in the view of progressive criminal justice systems.

Keywords

References

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Journal of Studies in Islamic Law & Jurisprudence
Volume 15, Issue 30
June 2023
Pages 321-346

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