Foundations Alternatives To Pretrial Detention In Criminal Law With An Emphasis On Judicial Control In France And Iran

This Article Attempts To Examine The Alternatives To Temporary Detention In French And Iranian Criminal Law With An Emphasis On Judicial Oversight. The Present Article Is Descriptive-Analytical And Examines The Question Using The Library Method. The Results Of The Study Indicate That The Principle Of Innocence, The Principle Of Exclusion Of Temporary Detention, The Principle Of Freedom And Personal Security, The Principle Of Exclusion Of Temporary Detention, The Theory Of Labeling, Prevention Of Inflation In Prisons And The Principle Of Legality Of Crime And Punishment Are The Most Important Alternatives To Detention. It Is Temporary In The Criminal Law Of France And Iran. Judicial Oversight Appointments In France Are Also Divided Into Two Parts. The First Are Orders Issued To Prevent The Accused From Escaping Or Hiding Or To Eliminate The Effects Of The Crime Or Collusion With Partners And Deputies Or Witnesses, And The Second Are Judicial Supervision Orders That Have The Aspect Of Security Measures. Iran's Criminal Law, By Dividing The Agreements Into Criminal Security Agreements And Judicial Supervision Agreements, Considers The Latter Type Of Agreements As Complementary To The First Ones. In French Law, The Goal Of The Institution Of Judicial Control Is To Give The Accused Maximum Freedom That Is Compatible With The Need To Discover The Truth And Maintain Public Order. The Accused Will Not Be Imprisoned Under Judicial Supervision. He Will Only Bear Some Restrictions In His Travels, In His Social Life, And Will Be Supervised In The Observance Of The Duties Imposed On Him, But In Iranian Law, Unlike In France, Judicial Supervision Is In The Form Of Complementary Imposes A Double Obligation On The Accused In Addition To The Criminal Security Order.