Document Type : Original Article
Authors
1
PhD Student in Criminal Law and Criminology, Department of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran
2
Professor of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran
3
Assistant Professor of Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran
10.30510/psi.2021.292035.1878
Abstract
The Constitution of the Islamic Republic of Iran pays special attention to the observance of human rights, especially freedom, the most obvious of which is that this human right is sometimes violated by law enforcement officials, and the moral and legal necessity of compensation for the detention of innocent defendants is undeniable. In the present article, according to the approach of the Code of Criminal Procedure, the reference of the investigation and the method of calculating and requesting compensation for the innocent prisoner, which has not received much attention, has been examined. The main question that is raised and examined in this article is what institution is the investigating authority and what is the basis for calculating and requesting compensation for innocent prisoners in Iranian criminal law? The present study is a descriptive-analytical study and using the library method has examined the mentioned question that there is a great deal of compatibility with public ethics and individual rights regarding the authorities and the method of calculating and claiming compensation in Iranian law. In Iranian criminal law, a claim for compensation of an innocent prisoner can be claimed in a three-member commission and in special cases in public and legal courts. Payment of financial compensation is also one of the most important methods of compensating innocent prisoners in the Iranian legal system, and the results of the study indicate that there are ambiguities about how to calculate compensation.
Keywords: Reference authority, Compensation method, Innocent prisoner, Material and moral damage, Commission
Keywords
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