Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Legal Challenges and Executive Solutions of Judicial Supervision

Document Type : Original Article

Authors
1 PhD Student, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
2 Assistant Professor, Department of Law, Islamabad West Branch, Islamic Azad University, Islamabad West, Iran. (Corresponding Author)
3 Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
10.22034/jccj.2025.461864.1578
Abstract
The order of judicial supervision is one of the important issues in order to limit the order of temporary detention and realize the principle of de-incarceration. The issue of the challenges of this type of dating is one of the topics that has been less studied and paid attention to. Based on this, the purpose of this article is to examine this important question, what are the challenges and solutions of judicial supervision? The method of this article is descriptive and analytical, and the mentioned question has been investigated in a library. The findings indicate that judicial supervision appointments will limit the defendant's liberties according to the law, but this restriction is milder and has more of a deterrent aspect and the violation of the principle of innocence and office regarding the notification of competent authorities in the matter of issuing a certificate, the lack of clarity about the weapons, the responsibilities of different institutions in issuing a ban on leaving the country, ignoring the principle of the legality of the crime and the order to ban the beyond the law are among the most important challenges of judicial supervision. The need to be independent and non-complementary in the nature of the legal supervision appointment and paying attention to the implementation procedures and creating a cultural platform for the implementation of appointments is one of the most important ways to solve the challenges of the judicial supervision appointment.
Keywords

Volume 4, Issue 3
Summer 2024
Pages 231-241

  • Receive Date 05 March 2024
  • Revise Date 12 May 2024
  • Accept Date 01 August 2024
  • Publish Date 22 September 2024