An Analysis of the Legitimacy of Detention and Interrogation Prior to Proof of Guilt from the Perspective of Imami Jurisprudence with Application to the Criminal Procedure Code of 2013
Regarding temporary detention and interrogation, it is essential to recognize that while the investigation and questioning of suspects are necessary to uphold justice after a crime has been committed, temporary detention inherently conflicts with individual rights and freedoms, leading legislators t...
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Semnan University
2024-08-01
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| Series: | مطالعات فقه و حقوق اسلامی |
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| Online Access: | https://feqh.semnan.ac.ir/article_9124_7739343eeb3f5d26329bc47764b9587a.pdf |
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| author | Mohammadreza Elahimanesh |
| author_facet | Mohammadreza Elahimanesh |
| author_sort | Mohammadreza Elahimanesh |
| collection | DOAJ |
| description | Regarding temporary detention and interrogation, it is essential to recognize that while the investigation and questioning of suspects are necessary to uphold justice after a crime has been committed, temporary detention inherently conflicts with individual rights and freedoms, leading legislators to impose restrictions on its application. Article 217 of the Criminal Procedure Code of 2013 articulates two principal goals: first, the rationale behind issuing detention orders, and second, the objectives of the criminal justice system, namely the pursuit of justice and the maintenance of social order. This paper employs a descriptive-analytical approach, examining contemporary criminological perspectives and the views of Imami jurists through library research, to explore the legitimacy or illegitimacy of detention and interrogation prior to the establishment of guilt, across various levels of criminal accusations. Although classical juristic sources lack a comprehensive discussion specifically on interrogation, insights into the ruling on interrogation can be derived from the broader discourse on pre-conviction detention.The analysis suggests that temporary detention in Islamic law has a solid jurisprudential foundation, as many jurists have issued favorable rulings that align with legal standards, a stance also evident in the Criminal Procedure Code. Moreover, in the Islamic Republic of Iran, laws that explicitly contradict Sharia are not enacted. This study therefore concludes that the primary ruling on detention and interrogation prior to proof of guilt is non-permissibility unless a specific justification applies. It also argues that the negative impacts of detention outweigh its positive aspects; thus, the presumption of freedom for suspects prior to a definitive verdict should be prioritized, with detention as an exceptional measure. To minimize temporary detention, alternative solutions should be emphasized, reserving detention as a last resort in essential cases only. |
| format | Article |
| id | doaj-art-7f6f6a115bfb474284eb316eba783dd3 |
| institution | OA Journals |
| issn | 2008-7012 2717-0330 |
| language | fas |
| publishDate | 2024-08-01 |
| publisher | Semnan University |
| record_format | Article |
| series | مطالعات فقه و حقوق اسلامی |
| spelling | doaj-art-7f6f6a115bfb474284eb316eba783dd32025-08-20T01:59:17ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302024-08-01163518722210.22075/feqh.2023.23806.29329124An Analysis of the Legitimacy of Detention and Interrogation Prior to Proof of Guilt from the Perspective of Imami Jurisprudence with Application to the Criminal Procedure Code of 2013Mohammadreza Elahimanesh0Assistant Professor of Criminal Law and Criminology, Islamic Azad University, Tehran North Branch, Tehran, Iran.Regarding temporary detention and interrogation, it is essential to recognize that while the investigation and questioning of suspects are necessary to uphold justice after a crime has been committed, temporary detention inherently conflicts with individual rights and freedoms, leading legislators to impose restrictions on its application. Article 217 of the Criminal Procedure Code of 2013 articulates two principal goals: first, the rationale behind issuing detention orders, and second, the objectives of the criminal justice system, namely the pursuit of justice and the maintenance of social order. This paper employs a descriptive-analytical approach, examining contemporary criminological perspectives and the views of Imami jurists through library research, to explore the legitimacy or illegitimacy of detention and interrogation prior to the establishment of guilt, across various levels of criminal accusations. Although classical juristic sources lack a comprehensive discussion specifically on interrogation, insights into the ruling on interrogation can be derived from the broader discourse on pre-conviction detention.The analysis suggests that temporary detention in Islamic law has a solid jurisprudential foundation, as many jurists have issued favorable rulings that align with legal standards, a stance also evident in the Criminal Procedure Code. Moreover, in the Islamic Republic of Iran, laws that explicitly contradict Sharia are not enacted. This study therefore concludes that the primary ruling on detention and interrogation prior to proof of guilt is non-permissibility unless a specific justification applies. It also argues that the negative impacts of detention outweigh its positive aspects; thus, the presumption of freedom for suspects prior to a definitive verdict should be prioritized, with detention as an exceptional measure. To minimize temporary detention, alternative solutions should be emphasized, reserving detention as a last resort in essential cases only.https://feqh.semnan.ac.ir/article_9124_7739343eeb3f5d26329bc47764b9587a.pdfdetentionimprisonmentinterrogationjurisprudencecriminal lawsuspect |
| spellingShingle | Mohammadreza Elahimanesh An Analysis of the Legitimacy of Detention and Interrogation Prior to Proof of Guilt from the Perspective of Imami Jurisprudence with Application to the Criminal Procedure Code of 2013 مطالعات فقه و حقوق اسلامی detention imprisonment interrogation jurisprudence criminal law suspect |
| title | An Analysis of the Legitimacy of Detention and Interrogation Prior to Proof of Guilt from the Perspective of Imami Jurisprudence with Application to the Criminal Procedure Code of 2013 |
| title_full | An Analysis of the Legitimacy of Detention and Interrogation Prior to Proof of Guilt from the Perspective of Imami Jurisprudence with Application to the Criminal Procedure Code of 2013 |
| title_fullStr | An Analysis of the Legitimacy of Detention and Interrogation Prior to Proof of Guilt from the Perspective of Imami Jurisprudence with Application to the Criminal Procedure Code of 2013 |
| title_full_unstemmed | An Analysis of the Legitimacy of Detention and Interrogation Prior to Proof of Guilt from the Perspective of Imami Jurisprudence with Application to the Criminal Procedure Code of 2013 |
| title_short | An Analysis of the Legitimacy of Detention and Interrogation Prior to Proof of Guilt from the Perspective of Imami Jurisprudence with Application to the Criminal Procedure Code of 2013 |
| title_sort | analysis of the legitimacy of detention and interrogation prior to proof of guilt from the perspective of imami jurisprudence with application to the criminal procedure code of 2013 |
| topic | detention imprisonment interrogation jurisprudence criminal law suspect |
| url | https://feqh.semnan.ac.ir/article_9124_7739343eeb3f5d26329bc47764b9587a.pdf |
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