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Structural-Legal Aspects of Long-Term Detentions and Ethical Considerations in This Field
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Seyyed Ahmad Mousavi1   , Mohammad Bahrami Khoshkar2 , Mohammad Mosadegh3 , Bagher Shamloo4 |
1- Ph.D. Student in Jurisprudence and Criminal Law, Shahid Motahari University, Tehran, Iran
2- Department of Jurisprudence and Private Law, Shahid Motahari University and Higher School, Tehran, Iran , bahramikhoshkarm@gmail.com
3- Department of Jurisprudence and Private Law, Shahid Motahari University and Higher School, Tehran, Iran
4- Department of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran, Iran |
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Abstract: (119 Views) |
Background: Arrest or temporary detention is one of the most severe decisions made by criminal authorities for the accused. In fact, in temporary detention, the accused is deprived of his freedom and is imprisoned in a place where he does not enjoy normal rights and freedoms. Since the temporary detention order is contrary to the principle of innocence and freedom of movement of individuals and its harmful consequences are irreparable, the legislator has tried to remove it from the judge's authority and regulate it under the rule and law. However, in practice, unfortunately, it is often observed that this legal capacity, instead of being useful for the security of society, causes a lot of oppression and injustice. Therefore, in the present study, the researchers decided to examine the structural-legal aspects of long-term detentions and ethical considerations in this field.
Conclusion: Long-term detention is illegal and has numerous psychological consequences such as anxiety, depression, and even suicide for the detained person. To prevent the dangers of temporary detention, ethical considerations such as: respect for human rights, necessity and proportionality, justice and impartiality, transparency and information, monitoring and review, and social and psychological support should be taken into account. Regarding illegal detentions, two structural and legal factors are relevant in issuing an illegal or unjustified long-term temporary detention order.
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| Keywords: Structural-legal dimensions, Ethical considerations, Temporary detention |
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Full-Text [PDF 987 kb]
(78 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/12/24 | Accepted: 2025/02/22 | Published: 2025/07/1
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