نشریه پژوهش های حقوقی انتظامی
پیاپی 11 (زمستان 1401)

Background and Goal:

 although Gathering of Evidence is among Court Obligations, nevertheless, Police Role in Detection of Crime, preservation of Evidence and Execution of judicial Orders to achieve material Truth is Important due to The Accompaniment with Security and social and personal Right. Security-oriented or policial Approaches with emphasis on Increasing Detection of Crimes may remove Law Enforcements from Accused Rights or fair Trial Principles and Challenging validity of Evidence gathered by them.

this Paper is an applied Research type and is a descriptive-analytical study through written resources trying to explain legality of evidence gathering of Law Enforcement and assess of validity of Evidence in Performance of them.

freeness of Evidence gathering is not mean Arbitrary and irregular evidence gathering by judicial Police in course of Detection of Crime, investigation and Evidence Gathering, but due to observe defensive Rights of Accused in fair Trial Proses and preserve privacy of individuals require legal Procedure for Evidence gathering that interpreted to the Principle of legality of Evidence Gathering. Guaranties such as Cancellation of Evidences obtained illegitimate method and Punishment of violator of the Principle resulted from this rule.

Despite recognition the Principle of legality of Evidence Gathering in Doctrine, legal Systems have not same Approach to Law Enforcement Actions and even with acceptance of the Principle, approve Entrapment, Unauthorized wiretapping and wide-spreading surveillance in cases such as Detection of certain organized Crimes and Crimes against Security and ignore the principle or at least with preservation of affirmative effect of evidence gathered from this way, Confine to punish wrongdoer of the Rule. In Iran’s legal System, this Principle is not recognized explicitly and only certain sights of the Principle such as invalidity of confession obtained from torture or evidence obtained by non-judicial Officer.

Background and Goal: 

it has passed 100 Years from emergence of criminology and during this Time multiple Fields and Branches emerged in this Context. Victimology is newest Field of Reaction Criminology considered by criminological Researches. This Paper considers protective Dimensions of Police actions from Victims.

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

Victimology begin with negative Approach to Victims as cause of Crime in Crime Commission, but in fallowing especially after decade of 1970 a kind of Movement started for Protection of Victims witch required physical, spiritual and emotional protection of Victims despite causal Role of he/she in Crime occurrence.

In most Cases Police Officers are first Persons respond Victims of Crimes in Police Stations and Patrols. In following these Victims refer Police Officers with multiple Reasons, on numerous occasions and various Times. Due to this Fact Role of Police actions is very important. Because victim-oriented behavior of Police Officers with all kind of Victims (contain general and especial Victims contain Children, the elderly and women) from beginning of Criminal Proceeding is important Step toward justice and preserving of Victim Rights.

The inspection of places, objects and people as a legal topic a very close relationship with the observance of the human rights society, and as a result the level of legal knowledge and awareness of science, and the officers would inspect and audit police towards the relevant rules and regulations (of which some have a contradiction and conflict together) and the amount of knowledge and awareness of community citizens are mutually relative to the rights of citizenship, the abundant care eligibility. In this regard, should also include a comment putting the necessity to promote legal knowledge police duties and powers they are also transparent and explicit book separating, as well as the relevant laws and regulations related to also somehow describe the brief and far from any ambiguity.

This paper has been done by analytical–descriptive method and the required information has been gathered by a library method. The research findings The role of the police in respecting the rights of the citizen has an undeniable role, which should be considered by the police to pay attention to respect for the rights of citizens of the community. Familiarity with the works of this law on the police inspection of places, objects and people and the necessity of judicial authority or lack of necessary permission of the case and interpretation of the relevant legislation on this subject on the basis of relevant including the findings of the research.

The legislator, as well as the judiciary and law enforcement officials, should not hesitate to take any action in the pursuit of justice. The question with the correct legislation to require or create a suitable substrate and the day, and employing fluent in criminal law and criminology, and Islamic ethics, this action can be taken with respect to human dignity in relation to the parties to the dispute. Legislators should pass criminal laws, observe the equinox, it could approach thrust security legislation is not legal, so dominant that violate the rights of citizens and on the other hand, it is also not so overcome for the citizen approach that causes create uncertainty in the community, provide.

Concepts and principles of human rights addressed after the Islamic Revolution, which is derived from the sources of Islamic jurisprudence, Islamic Revolution in Iran have been operating cycle. After the Islamic Revolution to the present day the Iranian nation and Islamic inspired by the humanitarian principles in order to have their rights taken steps aim of this research is to explain the concepts and principles of human rights in the Islamic Revolution, which said Church Rules of Islam in the field of human rights in the society runs Ast.sval dealt with this research is that human rights in the Islamic Revolution of Iran? The hypothesis asserts that human rights in the Islamic Revolution based on the principles and provisions of Islam based research method in this study due to the nature of the subject, descriptive and analytical (explanatory) will be. To collect data in this study is the use of library documents.

In this research, it`s been tried to explain and elaborate the principal and legal framework of the children and Juvenile Police in the context of Iranian police structure.

In addition, the children and Juvenile Justice system , both in domestic and international areas has been. research design: The present study has one introduction and some chapters. While considering the issue of children and Juvenile Justice and Juvenile police , comparative study in  the United  Kingdom country was done. The following results are obtained: By and large , the establishment of children and Juvenile police in Iran is very crucial to the development of this part of government in the field of people oriented activities. Regarding the physical and mental structural juvenile good institutions have created in Police of Iran. The structure of Iran police by using of British police have the ability to adapt to global standards.

Justice and expediency have always been considered in criminal law. Certainly, there are benefits to the society from the implementation of justice, this benefit is presented as expediency in the general sense, in other words, expediency with its broad concept can appear with two different faces. In most cases, expediency appears as justice, but in some cases, expediency finds a different meaning and is opposed to justice, in which case, the specific concept of expediency is considered. The purpose of this study is to investigate the status of expediency and to identify examples of its specific meaning in the Islamic Penal Code adopted in 2013.

This research is applied in terms of purpose and descriptive in terms of content (content analysis).

In the Islamic Penal Code approved due to human rights and criminology, various newly established institutions such as suspension of prosecution, suspension of punishment, alternatives to imprisonment, file archiving, exemption from punishment for light crimes and ... It has been used in various stages of criminal proceedings in which individual and social interests have been taken into account.

Justice and expediency are among the most basic words that have different applications in the philosophy of ethics, politics and law,