نشریه پژوهش های حقوقی انتظامی
پیاپی 15 (زمستان 1402)

Background and Goal:

 Iran’s Criminal Procedure approved in 2014 inspired from Foreign Acts especially criminal Procedure of France approved in 1959 and Subsequent amendments containing many Innovations especially in regulations related to in under supervision and preliminary Investigation Stage in under supervision and preliminary Investigation Stage.

this Paper is an applied Research type and is a descriptive-analytical study through written resources.

certain innovation of the Act related to Accused Right and presence of Attorney in pre mentioned Stages that despite some positive shifts in Comparison of certain progressive legal Systems such as France having Defects and limitations. Lack of legal expression for certain items of Attorney Presence provide suitable context to detriment of the accused interpretations and cause to vast power of detection and investigation authorities in denial of right to presence Attorney in These Stages. Attorney Presence has positive and negative effect on Police Performance. Mutual Interference between Attorney and detection and investigation authorities is Negative affect this Presence.

results of Paper represent negative effect of Attorney Presence on Police Performance and create interference in Police Obligations due to existence some Problems such as Confession orientation in judicial and executive System, less effective education of Law Enforcements, less effective scientific Crime detection and Police vision about lack of proper Protection Victims’ Rights as well as existence of some infringements committed by Certain Attorneys. These Problems can resolve by development of Efficient Policy in executive and legislative System about Police and enactment of precise Acts about intervention limits of Attorney in these Stages and elimination of legal Gaps.

Background and Goal:

 Police Force is main institution of Policing and security in every country. Good Performance of Police Force depends on Powers delegated by Parliament. Accused as a member of society interred criminal justice Process and do not recognized guilty for Charge directed against him/her, has enjoyed Rights cannot deprived without acceptable rationality.

In terms of objective, this Paper is an applied Research and in terms of Methodology, it is a descriptive-analytical study. 

In Deferent legal Systems, Confrontation of these Rights and Powers are differentiating, however, Reasonable balance between them is Virtue of criminal Justice System. In other Word a System of Criminal Policy witch at the same time providing maximum level of citizen Rights and Freedoms as well as required Measures of effective confronting with criminal conducts for Police Officers. Comparative Study of this balance in criminal Justice Systems of France, America and Iran demonstrate that Iran’s Legislature like progressive legal Systems in this Area give attention to Guarantying Rights of Accused and suspects in criminal Proceeding Process. In certain Area, Progressive actions in Guarantying Rights are so increased that increased fear of disarmament of Police Force versus Criminal Conducts.

Detraction of Police Powers without conformity with criminal Image and existing facts of society, Apart from cause minimizing physical and mental Security of society, because of Role of Policing and security as background of achieving Citizen Rights and Freedoms, it is not as Step towards securing Personal Rights and Freedoms.

Special police for children and adolescents as a special institution of pediatric system in Iran were for the first time envisaged in the Children and Juvenile Delinquency Act 2004, and then implicitly emphasized in the fifth development plan law, but due to Failure to approve the bill, as well as the failure to implement the Development Plan Law, was mandated by the Penal Procedure Code of 2014, in Article 31, to create the special police for children and adolescents, and the police organization was required to form it.

This research is applied in terms of objective and descriptive-analytical in terms of method.

Comparative study of the subject in France and the United Kingdom shows the need for effective and special police for children and adolescents to change organizational structure create a systematic educational system, predict effective behavioral and communication mechanisms, use of the special interviewing process, anticipate the guarantee of enforceable performances by the police and adopting police detection mechanisms.

with considering special police for children and adolescents emergence in Iran's criminal justice system, the present study, while reviewing the course of legal developments in relation to the subject in the legal system of Iran, France and the United Kingdom, specifically describes the structure, function and characteristics of the special police for children, Identifying adolescents in Iran and using practical experiences in the countries of France and the United Kingdom in this area, provide executive and practical solutions aimed at the proper, effective and efficient formation of special police for children and adolescents.

One of the most important issues discussed in today's law is the anticipation of regulations on the construction of the NAJA, which is appropriate to the nature of military and law enforcement force activities and Despite modifying the Laws of the municipalities, it can balance the rights of the NAJA and the municipality. So, two categories of municipality regulations and approvals of the Armed Forces in the field of NAJA construction are considered to attempt to determine the rules for such construction: in fact, The Laws of municipalities relate to the construction of all individuals, both real person and legal entity and they do not differentiate between military and civilian construction operations; whereas the internal approvals of the armed forces have proven a special process of obtaining construction permits for buildings and locations using military and police force from municipalities and to some extent, they have not neglected the necessities and requirements of military structures. According to what was said, it should be studied the fundamental question of what is ambiguity and defect municipal regulations and the approvals of the armed forces in the field of construction of the NAJA and what are the solutions or implementations to fix them? The purpose of this research is to identify the ambiguity and defect of the laws and regulations mentioned and, finally, to present the executive implementations of these ambiguity to the technical and engineering deputies and the legal and parliamentary affairs of the NAJA.

As the research methodology is “descriptive_ analytical”, it analyzes the laws and regulations on the construction of the NAJA, in particular the study of the cases of the Commission on Art. 100 of the Municipal Law, which deals with the investigation of Construction violations of NAJA. Finally, referring to the technical and engineering deputies, legal and parliamentary affairs of the NAJA, the ambiguity and defect municipal regulations and the approvals of the armed forces in the field of construction of the NAJA are discussed.

findings of research prove that the ambiguity and defect of laws and regulations as follow: 1) Incompatibility of municipal laws with the needs of NAJA. 2) The incompleteness of the armed forces approvals regarding the construction of NAJA. 3) The lack of clarity in the exemptions of the taxpayer for the payment of the charges of municipalities belonging to such construction or, finally, a reduction in the payment of those duties. 4) The absence of a specialized committee to resolve construction violations between the municipality and the NAJA in spite of its anticipation in the armed forces approvals.

Results and Implementation applications:

 In conclusion, According to research findings, Regardless of the pursuit for the adoption of the law (Single Article) based on the needs and necessities of construction of the NAJA, the Implementation applications to eliminate the ambiguity and defect the laws and approvals were investigated, it is recommended that the technical and engineering deputies, legal advisers and parliamentarians of NAJA.

The subject of this study is the analysis of the three legal systems of Iran, Russia, and Common Law regarding the regulations of shooting by armed officers towards accused and escaped convicts. It is necessary to deal with this issue because every year many accused and convicted are killed by officers' shooting. On this basis, the aim of this research is to reduce the cases of fatal shootings with a comparative look at the laws of some countries. This article uses analytical-comparative method to express the contents in two discourses of the principles governing shooting (the first discourse) and the cases of shooting towards accused and escaped convicts (the second discourse). In some cases, the armed officers have provided extensive powers that increase the number of fatal shootings. By studying some common law countries, it becomes clear that the shooting regulations in these countries are more advanced and have a more acceptable level than the previous two legal systems; In such a way that shooting is only prescribed to protect oneself and the available statistics also indicate a decrease in shootings and cases leading to death. This last-mentioned procedure is more compatible with the approach of human rights and human dignity, which is also suggested for Iran's legal system.

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.

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

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.

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.