Duties and Authorities of the Judicial Police According to the New Law on Criminal Trial Procedures
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.