Pages: 1-11

Abstract

Judicial police is divided into two categories: general and special judicial police. Of ‎course, there is a third type introduced by some of the jurists that is known as the ‎disciplinary police. One of the authorities of the judicial police in terms of the ‎preservation and restoration of public order is taking the necessary measures regarding ‎the evident crimes. Based on the trial procedures law in criminal affairs, crimes are ‎categorized into two groups of evident and non-evident with the former taking place in ‎the view field and before the law enforcement bodies or immediately after their ‎presence or with the crime evidence and means being found in possession of the ‎culprit; the law enforcement bodies are obliged to take the necessary measures for ‎saving the victim by his or her request (article 21 of the criminal trial procedures law). ‎In Iran’s criminal trial procedures law, evident crime has been used beyond its literal ‎meaning and includes many cases. In confrontation with the evident crimes, the ‎judicial police and law enforcement bodies have the authority to pursue and arrest the ‎culprit if it is deemed necessary for supplementing the investigations but they can keep ‎him or her at most for 24 hours. In other words, general judicial police are required to ‎perform the preliminary investigations on such crimes even without the order by the ‎judicial authority. Inspection of the houses and places and searching of the objects in ‎cases of the evident crimes can be also done in adherence to the other legal ‎arrangements by the judicial police without judicial writs as perceived based on the ‎opposite concept of article 24 of the criminal trial procedures law. Furthermore, ‎criminal indictment of some of the individuals by the judicial authorities and police ‎should be done subject to certain conditions even if the crime is of the evident type and ‎this has been inserted in the discussions on immunities‎‎‎.