Judicial Law Views Quarterly (Law Views)

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moazenzadegan H. A Comparative Study of the Requirement for Judges to Issue Alternative Submissions Arrangements for Interim Detention in Iran and France. دیدگاه‌های حقوقی 2018; 23 (83) :247-271
URL: http://jlviews2.ujsas.ac.ir/article-1-857-en.html

Presence before the judges in criminal proceedings for preliminary investigations and the hearing process. Ensuring the rights of victims to compensate for losses and damages and preventing disruption in normal process of criminal proceedings by the defendant are two important purposes in issuing the writ in order to gain fair and equitable hearings. Todays, the use of alternatives to pre-trial detention is internationally considered. For instance, the changes in new Code of Criminal Procedure include development of alternative arrangements for detention or requiring judges to use the arrangements described in the Criminal Procedure. Precision or the method of some articles on writs and judicial supervision implies the principle of "banning the issuance of detention and requiring judges to decree alternative arrangements for detention". Articles 217, 237, 239, and 254 in Code of Criminal Procedure can be mentioned on this matter. Furthermore, the adverse effects and negative individual, social, and judicial consequences of the use of pre-trial detention emphasize on the theory of "mandating the use of alternatives to pre-trial detentions".

The French Code of Criminal Procedure, particularly Articles 137, 143, and 144 emphasize on the principle of "requiring judges to use the judiciala supervisory alternative arrangements for pre-trial detention".