Temporary Detention Order and Civic Rights

hossien Maleky Zadeh, National Academy of Sciences of Armenia

Abstract

One of the most important decisions made by judicial authorities is to obtain securities from the defendant in the process of proceeding of criminal actions; among the security orders, detention order of defendant is of great significance, because on one hand this order deprives people of one of their most important civic rights, namely of their liberty, and is in contradiction with the Presumption of Innocence, the doctrine which, under Article 37 of the Constitution of I.R. of Iran, has been recognized; and on the other hand, this order may set the defendant at large while his delinquency has not been proved yet, and may create disorder in the process of prosecution, research and proceedings and ultimately the complaint's and petitioners' right is infringed. Undoubtedly, creating a balance between the powers of judicial authority and the complaint's right, and the necessity for research on one side, protection and safeguarding the defendant's rights on the other, enjoy a particular delicacy with which the law-maker should deal displaying his virtuosity.