The role of the police in providing, maintaining and validating evidence of criminal evidence

Message:
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
Context and Aim

This article seeks to explain the status and conditions of parliamentary immunity in the legal system of Iran and England and the extent of police authorities in the face of the crimes committed by persons with parliamentary immunity.

Research Method

In this research, descriptive and analytical method is used to explain the topic.

Research Findings

Non-accountability parliamentary immunity has been accepted in both the Iranian and British legal systems, and in both legal systems immunity concerns the duties of representation, although in the England legal system immunity may be extended to other persons involved in proceedings in parliament. Inviolability parliamentary immunity was also enshrined in the Iranian former constitution, but in the present circumstances such immunity does not exist. Inviolability immunity has also not accepted in the England legal system.

Results

In case of flagrant crimes of the members of parliament about their non-accountability parliamentary immunity, although the criminal character of their actions remains in force, however, the police officers can't exercise their authorities. It shall not preclude the exercise of authority in respect of a partner or deputy without immunity. Regarding other offenses, due to the unpredictability of the inviolability parliamentary immunity in the Iranian legal system, the authorities of the police officers under the general law of criminal procedure remains in force. The same is true of the England legal system.

Language:
Persian
Published:
Journal of Legal and Policing Research, Volume:3 Issue: 9, 2022
Pages:
7 to 34
https://magiran.com/p2776396  
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