نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Criminal orders are one of the most important guaranteed tools in the criminal trial process and at the same time one of the most sensitive institutions that have a direct relationship with individual freedoms and fundamental rights. The situation in the Iranian criminal law, by anticipating various types of orders of the apparatus, has tried to be able to confront the discovery of the truth, guarantee the presence and observance of the principle of innocence and individual freedoms. However, the evolution of criminal procedure laws in different periods, especially the approval of the Criminal Procedure Law, indicates a legislative effort to reform and streamline the system of orders of the apparatus and to approach the standards of fair trial. The present study, with an analytical-comparative approach, examines the theoretical foundations, conditions for issuing and legal effects of criminal bail orders for the accused in the Iranian criminal system and analyzes the legislative developments of this institution. In this regard, while explaining the philosophical and legal foundations of bail orders, the legal criteria for issuing them, the limits of the judicial authority's authority and the effects of each type of bail order are examined, and the shortcomings and challenges in the laws and judicial practice are analyzed. The research findings show that although the legislator has taken steps in the new laws to strengthen the rights of the accused and limit unnecessary detentions, there are still ambiguities in the criteria for issuing orders, a lack of proportionality between the type of order and the status of the accused, and some administrative inadequacies. Therefore, reviewing legislative regulations and strengthening supervisory criteria can play an effective role in achieving criminal justice and protecting citizen rights.
کلیدواژهها English