Legal challenges of police investigations in security crimes
Considering the characteristics governing security crimes and the complexity of the discovery and the preliminary investigation process related to these crimes, it is important to review and analyze the legislative policies in this area. Therefore, with the brevity and ambiguities that exist in the area of security crime proceedings, the purpose of writing this article is to estimate the existing challenges and provide solutions to solve them.
In terms of purpose, this research is practical and in terms of the nature of the data and the method of implementation, it is qualitative research and exploratory. For data analysis, the method of content analysis of interviews and related scientific documents has been used. For this purpose, the legal provisions related to security crimes proceedings, jurisprudential and scientific sources were examined and 25 organizational and non-organizational experts (academic experts, judicial authorities and crime detection officers) were selected in a targeted manner and the theoretical saturation stage was conducted in-depth interviews. It was done. The reliability and validity of the data was confirmed based on three indicators: "Transferability", "Verifiability" and "Reliability Audit".
Based on the results of the content analysis of the reviewed documents and the conducted interviews, the challenges in the field of detection and investigation of security crimes in the police investigation process can be divided into 34 basic themes and 4 organizing themes (silence, ambiguity), summary and legal void) and two overarching themes (the need to revise the law and develop a differential procedure).
Due to the substantive and formal characteristics governing security crimes, as well as the ambiguity or brevity in the existing legislative policies, the process of discovery and preliminary investigation of these crimes is always accompanied by challenges, especially in the face of ensuring and guaranteeing the rights and freedoms of individuals.In the field of criminal policy, in order to resolve the ambiguities in the process of discovering and prosecuting these crimes, it is necessary to adopt a codified differential procedure or to amend and update existing laws in this field.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.