The Scope of Duties of Law Enforcement Officers and Judicial Police in Dealing with Individuals Unrelated to the Crime

Document Type : Original Article

Authors

1 Associate Professor, Faculty of Humanities, University of Yasouj, Yasouj, Iran;

2 PhD Student of Fiqh and Fundamentals of Islamic Law, Meybod University, Yazd

3 Assistant Professor, Faculty of Humanities, University of Yasouj, Yasouj, Iran

Abstract

The consequences of a crime sometimes befall other individuals who have not played a role in the commission of the crime. Therefore, the scope of the duties and authorities of the judicial police in dealing with individuals unrelated to the crime, similar to their dealings with the perpetrator himself and the crime, must be based on the law and be clear and transparent. Sometimes, after the commission of an apparent crime, the person is pursued by the officers, and then, in the course of the pursuit, in order to escape from the law enforcement officers, the person hides in a residential home or an academic environment. In this case, what is the duty of the judicial police? Can they enter the private domain of individuals unrelated to the crime without a judicial warrant? The Iranian legislature's approach is such that for the inspection of residences, whether the place belongs to the accused person or another person (not involved in the realization of the crime), different laws have not been enacted, and in both cases, one law is applied, while a difference and distinction in this regard is necessary. Proving this difference and the need to create a differential approach is the outcome of this paper. The present research has utilized a descriptive-analytical method and library resources.

Keywords

Main Subjects

References

  1. The Holy Quran.

    1. Advisory Opinion No. 775/93/7 Dated 4/4/93, Legal Department of the Judiciary.
    2. Akhundi, M. (2011). Criminal procedure. Tab' va Nashr Publication.
    3. Ansari, V. (2001). Criminal investigation law - A comparative study. SAMT Publication.
    4. Ansari, V. (2001). Scientific crime detection. SAMT Publication.
    5. Aqaei Jannet Makan, H. (2011). Criminal law. Majd Publication.
    6. Aqaei Nia, H. (2013). Crimes (8th ed.). Mizan Publication.
    7. Ashouri, M. (2007). Criminal justice and criminal law: General criminal law. Ganj-e-Danesh Publication.
    8. Bahari, M. (2003). General criminal law. Raham Publication.
    9. Bahrami, B. (2004). Implementation of criminal sentences (3rd ed.). Negah-e-Bina Publication.
    10. Borhani, M. (2013). General criminal law: Reaction to crime. Mizan Publication.
    11. Criminal Procedure Code from the Perspective of the Officers in Kashan. Police Knowledge Research, 19(76), 9-40.
    12. Cybercrime Procedure Act, Adopted in 2013.
    13. Dehkhoda, A. A. (1998). Dehkhoda dictionary.
    14. Enjoining Good and Forbidding Evil Act, Adopted in 2015.
    15. Ensafpour, G. (1986). Persian dictionary. Zavvar Publication.
    16. French Code of Criminal Procedure, Adopted in 2008.
    17. Ghasempour, A. (2002). Judicial authorities and their duties under the 1999 code of criminal procedure for general and revolutionary courts. Ofogh Publication.
    18. Iranian Code of Criminal Procedure, Adopted in 2013 and Amended in 2015.
    19. Islamic Penal Code (Ta'zir Punishments), Adopted in 1996.
    20. Islamic Penal Code, Adopted in 2013.
    21. Javānmard, B. (2015). Criminal procedure. Javdaneh-e-Jangal Publication.
    22. Khaleghi, A. (2015). Notes on the criminal procedure code. Institute for Legal Studies and Research of Shahrdanesh.
    23. Langroudi, M. J. (1999). Terminology of law. Ganj-e-Danesh Publication.
    24. Najafi Abrandabadi, A. H. (2012). Lectures on criminal sociology. Shahid Beheshti University Press.
    25. Pirayehjou, A. (1993). The right of the accused to defense (Master's thesis). Shahrekord University.
    26. Rajabipour, E. (2009). Police crime prevention. Proceedings of the First National Conference on Crime Prevention of the Islamic Republic of Iran Police.
    27. Sadeghmanesh, J. (2016). Judicial officers (duties, powers and responsibilities). Judiciary Press Center.
    28. Sangane, R., Ganji, M., Khosroshahi, G., & Zeraatpisheh, A. (2017). Examining the type of attitude and the degree of applicability of the innovations of the.
    29. Sayyah, A. (2009). Comprehensive Arabic-Persian dictionary. Eslamieh Publication.
    30. Sepehri, R. (2016). Criminal procedure and the comparative issue of exceptions in Iranian and French law. Dadgostar Publication.
    31. Tahmasebi, J. (2016). Criminal procedure. Mizan Publication.
    32. (2001). Scientific detection of crimes. SAMT Publication.

     

Files

History

  • Receive Date: 20 March 2023
  • Revise Date: 22 May 2023
  • Accept Date: 21 August 2023

Share

How to cite

Statistics