Abstract
The Right of arrest is one of the foremost authorities that has been awarded to authorities of criminal justice system in order to fight against crime effectively. Although attempts has been done to prevent from detention of innocent persons by requiring officers to use criteria such as reasonable suspicion ...
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The Right of arrest is one of the foremost authorities that has been awarded to authorities of criminal justice system in order to fight against crime effectively. Although attempts has been done to prevent from detention of innocent persons by requiring officers to use criteria such as reasonable suspicion before detention, but in some cases with according to the law at the beginning and continued detention, finally the verdict on the innocence of arrested defendants was issued. In this case the fundamental question arises as to whether the detainee can claim compensation for detention and losses during which incurred? Although the pros and cons raised, but arguments of proponents is stronger than opponents. In this regard, in recent decades under various criminal justice system including France (since 1970) and Iran (since 2014) the right of compensation from innocent arrested defendants have been accepted. This article tries to study this institution in Iran and France criminal justice system with a comparative approach.
Nasrin Mehra; Behzad Jahani
Abstract
Arresting suspects and fighting against the disturbers of public order are the duties of police which are done by them as representative of people. However, lawmakers under some circumstance have granted this right to its original owners, i.e. the citizens. That being so, they are entitled to use force ...
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Arresting suspects and fighting against the disturbers of public order are the duties of police which are done by them as representative of people. However, lawmakers under some circumstance have granted this right to its original owners, i.e. the citizens. That being so, they are entitled to use force in order to arrest and hand over accused to the legal authorities. Present article reviews the history, circumstances and scope of citizens intervention regarding the arrest of the accused in the legal system of Iran and England where the origin of the citizen’s arrest theory is. In the common law, citizen's arrest has the historical basis and now citizens of English, in Indictable offences with other circumstances, have the right to arrest the accused. However, in the Iranian legal system and for the first time, the legislator has granted people the right of taking necessary actions in order to prevent the offender from escaping and protecting the crime scene based the Article 45 of the Code of Criminal Procedure (2014). This right is conditional due to the three conditions: just especial crimes, crime shall be evident and the absence of law enforcers.
