A Study of the Primary Principle of Temporary Detention in Jurisprudence and International Documents with Emphasis on Imam Khomeini's Viewpoints

An accused, who is being investigated through penal proceedings, is innocent unless proven guilty by a just trial. This is the presumption of innocence which is accepted in all legal systems including in the Islamic system.
On the other hand, one of the important effects of the presumption of innocence is the principle of freedom of the accused during the accusation period or legal proceedings. However, despite the existence of these principles, due the necessity of investigations and security measures, the juridical procedures allow temporary detention as a judicial bail. But, this judicial bail is essentially in contradiction with the principle of freedom and presumption of innocence, for as has been argued in this article, the prime principle is unlawfulness of detention before trial. Therefore, there is a contradiction between temporary detention and its primary fundamentals. The present article is an attempt to prove the contradiction and its exceptions from jurisprudential point of view with special reference to Imam Khomeini’s viewpoints and its contrast with international documents.