نوع مقاله : علمی - ترویجی
1 عضو هیئت علمی دانشکده حقوق دانشگاه شهید بهشتی
2 کارشناسی ارشد حقوق جزا و جرمشناسی، داﻧﺸﮕﺎه ﭘﯿﺎم ﻧﻮر اﺳﺘﺎن ﺗﻬﺮان، ﻣﺮﮐﺰ ﺗﻬﺮان ﺟﻨﻮب
عنوان مقاله [English]
Compensation of innocent arrested accused has been recognized in international human rights instruments and Iranian criminal laws with some ambiguity. In new criminal laws and rules, this right includes all forms of arresting, financial and moral and proper compensation in all phases of trial. Moral compensation is possible by financial and non-financial methods. Prohibition of some accused persons due to the influence of their actions in their detention, non-obedience of admissibility of accused requests to procedure formalities, and considering 6 months period for presenting the request starting from the real delivery, accused ability to object rejection of his/her request, and objection to its acceptance by delegate of fund are also provided.
Non clarifying clear factors for identifying the amount of financial compensation, and the conflict between Art 255 and so on with sub paragraph of Art 344, are among the ambiguity of the accused of this right.