Abstract:

1. Introduction: The prohibition of arbitrary arrest and detention constitutes a fundamental tenet within

legal frameworks, asserting that the pursuit and apprehension of individuals must adhere strictly to the

law and possess legal authorization. This necessitates explicit legal provisions, such as arrests based on

the commission of manifest crimes. Moreover, the issuing authority must be vested with the

appropriate license and authority, while the arresting entity must similarly hold the requisite

authorization. This article undertakes a comprehensive examination of the issue of arresting the accused

within the criminal systems of both Iran and France.

2. Methodology: This study adopts a descriptive and analytical approach, employing the library method

to address the identified inquiries.

3. Ethical Considerations: The research adheres to principles of honesty and trust throughout its

execution

4. Findings: The comparative analysis reveals that, within both criminal systems, the right to arrest and

detain the accused in combating crimes is granted. However, this right is bestowed exceptionally and

subject to specific conditions.

5: Conclusion: Upon comparing the criminal systems of Iran and France, commonalities emerge, yet

distinctions exist, notably in areas such as the compensation afforded to individuals wrongfully

detained. This divergence underscores the nuanced nature of legal approaches within these

jurisdictions.

Keywords: Arrest Order, Criminal Procedure, Rights of the Accused, Comparative Law.