نوع مقاله : مقاله علمی - پژوهشی
نویسنده
عضو هیات علمی دانشگاه پیام نور
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
The right of personal liberty is a natural right and is considered a highly important issue in the domain of criminal justice.Article 9 of the ICCPR that states:Everyone has the right to liberty of person.No one shall be subjected to arbitrary arrest or detention.No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.According to the presumption of innocence,safeguarding individual liberty comes to an end when they are held criminals. right to freedom of persons appropriate that any restrictions cannot be created to whom his guilt has not been established by any court.In other hand,access to the accused and also establish a fair criminal trial it is requires that such a person face with limitations in the field of freedom. Due to the nature of the subject, the present study is applied in terms of purpose and in terms of data collection by documentary method and by studying valid laws and sources and the obtained information is analyzed descriptively-analytically. The findings indicate that the right of personal liberty,has been recognized in Article 37 of China’s Constitution.exerting this right,has been referred to in China’s CPL and CL.Nevertheless,according to China’s judicial precedent and legal system,there have been cases of illegal and arbitrary detentions causing the violation of the right of personal liberty. Cases such as judicial detention, administrative detention, and customs detention are considered arbitrary detentions.
کلیدواژهها [English]
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