نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
An important principle that provides the best practices in the field of criminal security appointments and judicial supervision; It is that any restriction on the defendant's freedom must be weighed against the particular risk he poses and the least restrictive means available must be used to reasonably reduce the risk. Criminal provision and judicial supervision orders have been established in this way. In this research, with the aim of knowing the security and monitoring arrangements before the trial in Iran and the United States of America, the subject was addressed with a descriptive, analytical and comparative method, and the following results were obtained. The examples of criminal security orders in Iran and America are very similar and their main difference is in terms of titles in the two orders "freedom with the judge's own judgment" and "combined order of release and detention". Bail in America has more variety and the institution of social bail in this country is an important factor in reducing cases of pre-trial detention. Supervisory orders in America come in the form of terms of security orders, and there is rarely a security order that is not accompanied by one or more orders of supervision of the accused during the pre-trial period. The need to establish a social security institution in Iran and the mandatory supervision orders in some crimes, especially crimes against women and children, are recommended to the legislator.
کلیدواژهها English