نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه حقوق جزا و جرم شناسی دانشگاه شهید بهشتی
2 دانشجوی دکتری حقوق جزا و جرم شناسی دانشگاه علامه طباطبائی
کلیدواژهها
عنوان مقاله English
نویسندگان English
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.
کلیدواژهها English
