Journal of Comparative Law

Journal of Comparative Law

Restriction of freedom of movement in terrorist crimes In Iranian and British law

Document Type : Research Article

Authors
1 Ph.D. Student in Criminal Law and Criminology at Shahid Beheshti University, Tehran, Iran.(Corresponding Author)
2 Assistant Professor of Law at Shahid Beheshti University, Tehran, Iran.
3 MA Graduated in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.
Abstract
Respecting the freedom and protection of citizens' rights on the one hand and ensuring their security on the other hand is not an easy task, and it is more difficult to strike a balance between them when we face the possibility of terrorist crimes. One of the manifestations of the rights of individuals in this area is the right to freedom of movement and the prohibition of restricting it, without resorting to legal reasons by the police and other judicial officers. Under UK law, in cases where there is a normal suspicion of a terrorist offense, the legislature has given the police broad powers to stop, control and inspect suspects and their belongings; this authority can be exercised even in cases without normal suspicion. However, in Iranian law, the Code of Criminal Procedure does not use the term "suspicion of a crime" and does not provide a definition of it, and the criterion is whether the crime is obvious or a non-obvious one. The Code of Criminal Procedure also does not provide clear conditions and procedures for dealing with terrorist suspects. In this article, while examining the conditions and procedures necessary to stop and inspect terrorism suspects in British law and study the laws of this country, we will study the Iranian legal system and its strengths and weaknesses through a comparative study.

Keywords

 
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