Abstract: Temporary arrest of the accused which is referred to as cautionary detention in Iran`s penal laws includes freedom deprivation of the accused and his imprisonment during or part of the preliminary investigations by a righteous judicial ranks. Regulations monitoring penal entities in every country are the full body mirror of the success rate of the nations in overcoming these contradictions. Absence of any restrictions regarding personal freedom of the accused necessity of keeping public order, observing the rights of the harmed and in some cases admonishing he accused and others, are the logical outcomes propositions of freedom and security which in the end this restriction becomes humanitarian in this intrinsic right. AS with security and freedom and guaranteeing this freedom from the security passage causes the acceptance of temporary arrest through the same channel. If we can consider security measures as guarantee for maintaining public peace and order against the accused and arrest his in some cases, penal laws cannot count it in the light of correcting and curing him except with a security oriented perspective, as individual`s criminal characteristics of a person with dangerous status has not reduced from the passage of arrestment and imprisonment and may even add to it. Such concerns have forced countries` penal laws to find other ways that lack un-remedial consequences of temporary arrest and imprisonment and can correct socialization weight of the accused and the crime and apply them. It is through this passage that temporary arrest warrants and imprisonment alternative penalties are replaced with freedom deprivation penalties and enter the cycle of penal justice system.
Keywords: Temporary Arrest Warrant, International Documents, Penal trial Ethics Laws, Iran`s Internal Laws
Volume 1, Issue 1, 2014