Indicators of police activism in the freedom-based model of criminal policy (with a look at the law of Iran and international instruments)

Autor: Rajab Goldoust Jouybari, Saeid Ghasemi Vanjani
Jazyk: English<br />Persian
Rok vydání: 2024
Předmět:
Zdroj: پژوهشنامه حقوق تطبیقی, Vol 8, Iss 3, Pp 89-111 (2024)
Druh dokumentu: article
ISSN: 2423-7566
DOI: 10.22080/lps.2023.25333.1504
Popis: The criminal policy is separated and modeled based on the reference criteria - freedom, power, and total domination. Freedom is the basic criterion in the freedom-based criminal policy model. The approach of international instruments is to promote this criterion in the criminal policy of countries. In this model, with the distribution of power among the different components of the governance system and the establishment of mutual supervision, some indicators are defined for the police's ability to fulfill legal duties and observance of the legitimate freedoms of the citizens. In freedom-based models, by predicting some indicators, a balance is tried to be established between the legitimate freedoms of the accused, the interests of the society, and the performance of the legal duties of the police. The activity of the judicial authorities and police within the framework of law by prior authorization of law; the supervision of the police activism and the police intervention in the affairs of citizens based on the principle of necessity are some of the indicators that freedom-based systems have defined and identified for police activity. By studying the international instruments, the constitution, and criminal laws of Iran, it can be said that the model accepted in Iran's criminal policy, in the stage of crime detection and preliminary investigations, is the freedom-based model. This research, with a descriptive-analytical method and using library resources, has sought to identify and explain the indicators of police activism in the freedom-based model of criminal policy.
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