نوع مقاله : پژوهشی
1 دانشجوی دکتری حقوق، گروه حقوق، دانشکده علوم انسانی، واحد یزد، دانشگاه آزاد اسلامی، یزد، ایران
2 استادیار، گروه حقوق، دانشکده علوم انسانی، واحد یزد، دانشگاه آزاد اسلامی، یزد، ایران.
3 استادیار، گروه حقوق، دانشکده علوم انسانی، واحد یزد، دانشگاه آزاد اسلامی، یزد، ایران
عنوان مقاله [English]
The right to freedom and the right to safety are among the human rights that are always accompanied by many theoretical challenges. From an executive point of view, there are many obstacles and uncertainties, including common areas of safety and freedom in criminal law, especially in Criminal Procedure Code. Therefore, in this paper, we have tried to discuss the relations between freedom and safety in the procedure laws approved in Post-Revolutionary Iran while presenting fundamental conceptual issues and presenting the existing relations between these two rights from the perspective of Islamic religion, as the basis of penal laws in Iran. From this descriptive-analytical study, it was concluded that in Islam, three types of relationship between security and freedom are imaginable. It can also be acknowledged that the Criminal Procedure Code of 2013 has eliminated all previous legal defects and ambiguities regarding the enjoyment of personal freedom and safety. By completely eliminating the issuance of mandatory temporary detention appointments, as well as the elimination of all mandatory detention appointments in certain laws, except for laws governing crimes of the armed forces, the law emphasizes the necessity of justifying temporary detention, reducing the detention period, the rights of individuals to review the legality of their detention and requesting their release, and protesting the right of individuals to arrest or detain themselves.