نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق جزا و جرم شناسی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران (نویسنده مسئول)
2 طلبه دروس خارج حوزه علمیه قم، دانشجوی دکتری حقوق جزا و جرم شناسی، دانشگاه تهران، پردیس بینالمللی ارس، ارس، ایران
3 دانشجوی دکتری حقوق جزا و جرم شناسی، دانشگاه آزاد اسلامی واحد سمنان، سمنان، ایران
عنوان مقاله [English]
One of the measures taken by law enforcement forces against threats, insecurities and the establishment of order and security in society is the timely and effective use of weapons. The law on the use of weapons to protect the lives of citizens and also to systematize the behavior of officers in the use of weapons, was approved by the Islamic Consultative Assembly on 1995. The legislature's haste in passing the law, despite legal loopholes and the failure to assign some of the permitted uses of weapons, has led to violations of citizens' rights and confusion of officials in important missions. The more comprehensive the law on the use of weapons, covering the various dimensions of the officers' assigned missions, and the fact that they are assigned with full transparency about the permitted shooting instances, the officers will act with the same awareness and determination in their assigned missions. This, on the one hand, leads to better observance of civil rights at the community level, and on the other hand, leads to the release of officers from the maze of law and criminal and disciplinary convictions after the shooting. In fact, the main questions of this research are as follows; What are the gaps and ambiguities of the law on the use of weapons by the armed forces in urgent cases? And in cases of silence and ambiguity of the law, what is the duty of the armed officers? In this research, by answering judicial opinions and library resources by descriptive-analytical method, the answers to the questions have been explained.