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The Role of Judicial Officers in Providing Judicial Security Relying on the Formation of the Judicial Police

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The Role of Judicial Officers in Providing Judicial Security Relying on the Formation of the Judicial Police Journal of Critical Reviews ISSN- 2394-5125 Vol 7, Issue 17, 2020 Review Article THE ROLE OF JUDICIAL OFFICERS IN PROVIDING JUDICIAL SECURITY RELYING ON THE FORMATION OF THE JUDICIAL POLICE QUDRATULLAH EBRAHIMI FARANI1*, SAMAN SEIDI2 1Assistant Professor of Mofid University of Qom, Ph.D. of Criminal Jurisprudence, Iran. 2Graduated from Mofid University of Qom, MA in Criminal Law and Criminology, Iran. Received: 10 Aug 2019 Revised and Accepted: 26 Oct 2019 ABSTRACT Judicial officers play an important role in the judiciary as the executive arms in providing judicial security. Education, building culture of privacy, and protection of citizenship rights, as well as human dignity, are the most important components of a citizenship-oriented judicial officer. In the meantime, forming judicial police as the main judicial officer police in the heart of law enforcement forces can better provide education, building culture, privacy, and protection of citizenship rights through continuous and transparent supervision of judicial authorities and ensure judicial security at higher levels. Keywords: Judicial Security, Judicial Police, Officer Training, Law enforcement force. © 2020 The Authors. Published by Advance Scientific Research . This is an open-access article under the CC BY license (http://creativecommons.org/licenses/by/4.0/) DOI: http://dx.doi.org/10.22159/jcr.07.01.01 INTRODUCTION The judiciary needs strong executive power called judicial officers to perform its duties and maintain public order and security, as well as to JUDICIAL OFFICERS AND OBSERVANCE OF CITIZENSHIP RIGHTS establish justice formally and substantively. Judicial officers have a very high level of connection with a different stratum of society due to One of the most important and crucial stages of the trial is the their various responsibilities and duties so that the behavior and preliminary investigation stage. This stage can be considered as the character of judicial officers can be considered as a direct policy of the stage of ignorance or lack of knowledge of judicial authorities and criminal justice system in dealing with society. officers. On the other hand, the perpetrators have not yet had enough Article 28 of the Code of Criminal Procedure adopted 2013 stipulates: " opportunity to destroy all the trace of the crime, and the intuition judicial officers are the agents who take action in the discovery of the remembers their observations; meantime, the public minds wait for crime, preservation of traces and signs and gathering evidence of the the functioning of the criminal justice system more than ever. crime, identification, finding and preventing the escape and hiding the In the Code of Criminal Procedure adopted in 2013, the preliminary accused, preliminary investigation, constructive service and execution investigation is primarily done by the prosecutor or other judicial of judicial decisions following the law and under the supervision and authorities. This indicates the importance and expertise of the training of the prosecutor. Officer means the supervisor, preserver, and preliminary investigation, but in Article 98 of the Code of Criminal custodian of everything to its extent, and in legal terms, officers are the Procedure, the legislature has allowed judicial to conduct a preliminary power for court execution to carry out the orders of judicial investigation, provided that it is not one of the crimes mentioned in authorities. In the law of our country, judicial officers are divided into paragraphs A, B, P and T of Article 302, because due to the very high two general and special categories; general officers include sensitivity of these crimes, the legislator of judicial authority select commanders, officers and police officers who have received the (prosecutor) personally to do this investigation. necessary training, and special officers include officials and agents like According to the judicial practice in our country, officers, especially law heads, deputies and prison officers concerning the affairs of prisoners, enforcement forces have a very important role in conducting agents of the Ministry of Intelligence and IRGC Intelligence preliminary investigations, so that in principle, judicial authorities Organization and Basij, Niru- -e Basij called justice leave preliminary investigations to judicial officers, except in cases officers according to special rules to do assigned tasks. Also, other where the law prohibits their transfer to judicial authorities. Judicial armed forces that all or some yeof officersMoghāvemat duties assigned to them by officials also benefit from the cooperation of officers in these cases. law are considered officers. When judicial officers, especially law enforcement forces have broad In the previous key law, the legislator had’ considered law enforcement powers to detect and preserve a crime, identify and find the accused, forces as general officers; this requires education and certificate in initial interrogations, constructive service and decisions, especially in 2013. A criticism in response to the previous key law is not recognizing dealing with obvious crimes, violation of citizenship rights and all law enforcement forces as general officers. deviation from legal norms by the officers in the preliminary The truth is that being a general judicial officer means taking on a large investigation can generally divert the criminal case and deprive part of the burden for providing social and judicial security, which individuals of their rights and security provided by law requires continuous training and supervision. The hypothesis of the (Moazenzadegan and Koorehpez, 2016). Deprivation of individuals present article is based on the role of pre-service and in-service from grievances and maintaining social security can ultimately lead to training for judicial officers which can be crucial in providing judicial a sense of public insecurity in society, that is, when the law security at all stages of the trial, especially preliminary investigations. enforcement force responsible for maintaining social order and Also, forming judicial police in Iran justice system due to continuous security becomes a factor in undermining public security, people do supervision and high-level education can be a big step towards better not feel safe on the streets in the presence of law enforcement force judicial security, especially in the preliminary investigations. and ultimately do not trust the police and the entire criminal justice 3469 Journal of Critical Reviews ISSN- 2394-5125 Vol 7, Issue 17, 2020 system. At this stage, society is facing a very big problem that requires telegraph and telex communications, non-communication and non- a lot of money and time to solve. delivery of them and any interrogation are prohibited except by law." In this regard, there is a group of crimes called crimes against Article 8 of the Law on Respect for Legitimate Freedoms and citizenship rights, such crimes are committed only by social security Citizenship rights also stipulates that "local inspections and and judicial agents of society, forces that are mainly under the examinations, in order to arrest fugitive defendants or discover supervision of the prosecutor. Unfortunately, these crimes have a high criminal instruments and devices, shall be carried out following legal black figure in our country, which shows the distrust of the various regulations, without disturbance, and with utmost caution." "Objects stratum of society to the police as a security guard. and documents that have no connection with the crime or do not Trust in the criminal justice system plays a very important role in belong to the accused, as well as the disclosure of the contents of ensuring social security, especially in the fight against criminal letters and writings and family photos and family films and their organizations, intuitions that provide their information to the judiciary unnecessary recording should be forbidden". Article 11 of the same need full trust. law stipulates that "questions should be useful and clear and related to Unfortunately, there is a misconception in our country among some the accusation or accusations, and curiosity about personal and family special judicial officers who do not oblige themselves to follow the secrets and questions about the past sins of individuals and addressing orders of judicial officials. This misconception is more prevalent ineffective issues in the case under consideration should be avoided." among the intelligence and security services, they assume some extra- Respect for the privacy of individuals also has its religious and legal authorities for themselves due to its importance and complexity jurisprudential roots, so that verse 49 of Surah Al-Hujurat says in this of security issues and this is a sign of the lack of proper training of regard: O ye who believe! Avoid suspicion as much (as possible): for special officers by the juridical authorities. It should be noted that this suspicion in some cases is a sin: And spy not on each other behind their misconception is also widespread among different stratum of society, backs. In other words, in Islamic thought, suspicion and prosecute in which requires the efforts of senior judicial officials and proper the privacy of the individual is forbidden and not be accepted. training of judicial officers to judicial officers, it may be a good idea to In other words, in Islamic thought, to discover and prosecute a crime cooperate cultural deputy and crime prevention with the Radio
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