Pretrial Detention of Ill Offenders Pretrial Detention of Ill Offenders
Bioethics and Health Law Journal (BHL),
Vol. 1 (2021),
Page 1-8: (e18)
Background and Aim: Criminal procedure is the way of prosecution and sentencing accused persons and offenders. Based on different kinds of offenders, there need to be different kinds of procedural attitudes. Where the offenders are children or patients, differential procedures especially in detention is necessary. The purpose of the study is to investigate the differences of the defendants in determining criminal penalties in the process of criminal procedure.
Materials and Methods: In order to discuss the penalty as punishment intolerances, the rules of Criminal Procedure Acts in 1999 and 2013 will be reviewed.
Ethical Considerations: Ethical principles were considered in searching and citing the literature.
Findings: According to Article 502 of Criminal procedure 2013, if forensic medicine believes that defendant was not able to endure imprisonment and the imprisonment have physical danger for him, by observing legal requirements imprisonment will be prevented. There is also the Penal Code provision in exercise of slash as a punishment.
On the other hand, temporary detention as the most severe criminal provision in cases based on the article 237 and 238 of the Criminal Procedure Law 2013 is necessary. Also many cases of other criminal rules have conclusion similar temporary detention for reasons such as Inability to introduce bail.
Conclusion: Iranian Criminal procedure Law in article 250 refers to the need to pay attention to physical and mental state of the people in the pretrial phase, but it did not pay attention to its methods and methods.
This issue has been left to the judge's discretion that it is best to anticipate the precise criteria of this issue in law in order to avoid unequal judgment.
*Corresponding Author: Mohammad Ashouri; Email: firstname.lastname@example.org; ORCID: https://orcid.org/0000-0002-8908-5949
Please cite this article as: Rahmat MR, Ashouri M, Mahdavi Sabet MA, Shiri A. Pretrial Detention of Ill Offenders. Bioeth Health Law J. 2021; 1:1-8: (e18). http://doi.org/10.22037/bhl.v1i1.38172
- Criminal Procedure Law
- Patient Rights
- Criminal Law Enforcement
How to Cite
Safavi SH, The principle of proportionality of punishment in criminal justice policy in Iran , Dadresi, 2010, 79: 5.[Persian]
Abbasi M, Petoft A. Citizenship rights, from Principles to social Platform. Tehran: Legal Publishers. 2017:85.
Salehi A, Khani M, Foroughi M, Criminal responsibility and mental disorders according to DSM- IV, Iran J Med Law, 2013, 6(23): 157-185.[Persian]
Rahmat MR, Modarresi SZ, Patients’ right and organ donation, Iran J Med Law 2012, 6(20): 55-76.
Abbasi M, Khosravi A, Schizophrenia and its criminal liability from point of Iran’s law, Iran J Med Law 2012, 6(22): 151-188. [Persian]
Ashoori M, Criminal Procedure, 11th publication, Tehran, SAMT, 2006:35. [Persian]
Najafiabrandabadi AH, Pleadings fair trial and justice, Shahid Beheshti University, Tehran, 2011, 176. [Persian]
Mossadegh M, Ideas, policy innovations Criminal Procedure Act, Dadresi, 2011, 87: 10-3. [Persian]
Bouloc B, Stefani G, Levasseur G, Procedure Penal, France, Dalloz-Sirey, 2006, 329.
Saber M, Standards and fair trial guarantees in the preliminary investigation stage, Humanities, 2009, 63: 144. [Persian]
Summers S, Fair Trials: The European Criminal Procedural Tradition and the European Court of Human Rights (Criminal Law Library),Hart Publishing, 2007: 115.
Abasi M. Petoft A, Citizenship Rights: from the Government Protection to Monitoring on it. Tehran: Justice Publication. 2017:59-65.
Elahimanesh MR, Temporary detention and alternatives (in Iran and France), Tehran, Majd Publication, 2011:80. [Persian]
Abbasi M. Petoft A, Current limits of neurolaw: A brief overview. Médecine & Droit. 2020 Apr 1;2020(161):29-34.
Petoft A. An Overview of the Technical Limitations of Applying the fMRI Method in Neurolaw. Bioethics Journal. 2019;9(34):95-107.
Petoft A. Neurolaw: A brief introduction. Iranian journal of neurology. 2015 Jan 5;14(1):53.
Petoft A. The Use of Neuroscientific Evidence in the Modern Criminal Law with Emphasizing on the UK and Canadian Neurolitigation. Iranian Journal of Medical Law. 2021 Apr 10;15(56):241-59.Yavari A, To respect the presumption of innocence in quasi-judicial proceedings in French law "in the light of the European Convention on Human Rights, Law studies, 2009,49:352. [Persian]
Akhundi M, Criminal Procedure, 4th publication, Tehran, Farhang Publication, 2009:138-9. [Persian]
Petoft A. The Validation Requirments of Neurscientific Evidences before Courts. Iranian Journal of Medical Law. 2021 Apr 10;15(56):431-43.
Milaki A, Improve the detention, the idea of normalization in the heart of the judicial system, Correcting and training Journal, 2006, 5 (50):20. [Persian]
Mirsaeidi SM, Criminal Responsibility, Second edition, Tehran, Mizan Publication, 2007:11. [Persian]
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