The scope and effects of objection against the order leading to arrest
Author(s):
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:
According to Article 226 of the Criminal Procedure Act, "The accused in whose case a surety order or bail is issued will be introduced to the detention center until the guarantor is introduced or the bail is deposited; However, in case of arrest, the accused can protest against the principle of arrest or non-acceptance of guarantor or bail within ten days from the date of notification of the investigator's decision". Although this article can be interpreted in favor of the accused, But in that part that deals with the possibility of protesting the principle of the order leading to arrest, it has ambiguity and in many ways, compared to Article 242 of Criminal Procedure Act, it has a different ruling. Therefore, by comparing articles 226 and 242 of the Criminal Procedure Act, several questions are raised: First of all, does the court, in the process of hearing the objection, only have the authority to examine the "the order leading to arrest itself" or can it also enter into the amount of security issued? Secondly, in the process of handling the objection, the criminal court also enters into the nature of the lawsuit - to the extent that it is necessary to examine the objection - or does it only review the issued order? This paper is considering practical facts and judicial procedure in criticism and analysis of an award issued by Branch 1030 of Criminal Court, Shahid Qudosi Judicial Complex in Tehran and provide applicable answers and practical solutions to the above questions.
Language:
Persian
Published:
Analysis of judicial Decisions Journal, Volume:1 Issue: 2, 2023
Pages:
83 to 99
https://www.magiran.com/p2529015
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