The Advantages and Challenges of not leaving the home Through Electronic Monitoring (Subject of Seventh Section of Article 217 of Criminal Procedure Code)

Today, modern technologies have found a special place in human life. In parallel to the development and expansion of modern technologies in daily life, using modern technologies in the penal procedure has become common. One of the uses of modern technologies in penal issues is to utilize such equipment in writ. In Criminal Procedure code the utilization of such equipment is accepted in writ. Superiority of electronic monitoring to traditional writs due to deficits of pre-trial detention, on the one hand, and paving the way for the possibility of the accused's day and night monitoring in hidden by such equipment, on the other hand, is undeniable. However, this has its own problems and difficulties. If these tools are used without considering such problems, the result will be nothing more than failure of penal justice system. One problem also neglected by our legislator is the lack of attention to the goal of writ establishment. In fact, the aim of establishing this entity is to provide an alternation for pre-trial detention rather than adding another award to the list of writs. It means that considering limitations created by such type of supervision, using it should allocate to the cases in which it is not possible to issue pre-trial detention writ and/or the cases in which it is not possible to provide pledge or to introduce personal surety and to enjoy benefits of pre-trial writ in reducing the extent of penalty by assuming the conviction or demanding for compensation by assuming acquittal.