The Scope of Duties of Law Enforcement Officers and Judicial Police in Dealing with Individuals Unrelated to the Crime

The consequences of a crime sometimes befall other individuals who have not played a role in the commission of the crime. Therefore, the scope of the duties and authorities of the judicial police in dealing with individuals unrelated to the crime, similar to their dealings with the perpetrator himse...

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Bibliographic Details
Main Authors: Ardavan Arzhang, Mohammadreza GHorbani, Fatemeh Alizadeh
Format: Article
Language:fas
Published: University of Qom 2024-04-01
Series:پژوهش‌های فقهی مسائل مستحدثه
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Online Access:https://rcjl.qom.ac.ir/article_2652_406b6e7a447ad9deb0ab07518d05181b.pdf
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Summary:The consequences of a crime sometimes befall other individuals who have not played a role in the commission of the crime. Therefore, the scope of the duties and authorities of the judicial police in dealing with individuals unrelated to the crime, similar to their dealings with the perpetrator himself and the crime, must be based on the law and be clear and transparent. Sometimes, after the commission of an apparent crime, the person is pursued by the officers, and then, in the course of the pursuit, in order to escape from the law enforcement officers, the person hides in a residential home or an academic environment. In this case, what is the duty of the judicial police? Can they enter the private domain of individuals unrelated to the crime without a judicial warrant? The Iranian legislature's approach is such that for the inspection of residences, whether the place belongs to the accused person or another person (not involved in the realization of the crime), different laws have not been enacted, and in both cases, one law is applied, while a difference and distinction in this regard is necessary. Proving this difference and the need to create a differential approach is the outcome of this paper. The present research has utilized a descriptive-analytical method and library resources.
ISSN:2981-202X