Document Type : Original Article
Authors
1
Reza Moqbeli Qaraei, PhD Student in Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran
2
Associate Professor of Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran
3
Assistant Professor of Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran
Abstract
The purpose of the present study is to examine the jurisprudential reasons for not issuing temporary detention on bail. Temporary detention is the most important criminal bail contract that the law provides for the accused. Of course, sometimes it is necessary for the accused to be available for investigation, and thus he should be temporarily detained. In civil and criminal proceedings, the security agreement is to prevent the violation of the rights of the litigants and is canceled when the conditions for issuing the agreement disappear. According to this law, reasons for issuing a security contract and reasons for not issuing it have been stated. The leading article, using library sources and descriptive-analytical method, dealt with the jurisprudential reasons for not issuing a criminal security contract, and the two principles of freedom and innocence were deduced in the arguments, and the jurisprudential arguments of these two principles were analyzed. From: human freedom, individual freedom from domination of others, equality of human beings, rule of monarchy, rule of preference.
Keywords
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