Assessing and Measuring the Calculation of Frequency of Detentions Prior to Court Rulings

One of the important issues in final verdicts is whether to calculate or not the duration of detentions prior to hearing for the convicted persons. There are three approaches to this issue across the world: the first, zero calculation; the second, mandatory calculation and the third, optional calculation. Iranian criminal acts, since the inception of the judiciary system, have been calculated in terms of mandatory approach (public penal acts 1304 and 1352). After the victory of the Islamic revolution of Iran, the optional perspective was adopted, but in recent years the mandatory approach appears to have been opted for. This has been due to human rights movements at a global level which have resulted into the adoption of such an approach in criminal courts. This paper intends to assess and measure the calculation of frequency prior to court rulings and elaborate on its merits and demerits