Jurisdictional and Legislative Scope of the Compensation System for Unjustified Detention in Iranian and French Law

Abstract

One of the most important powers that judicial authorities hold in the fight against crime is the right to detain suspects and accused individuals. It is possible that the final outcome of criminal proceedings may result in acquittal or dismissal of charges against an individual. The damages incurred by the suspect or accused person are issues that require discussion and analysis. Therefore, the aim of this article is to examine the doctrinal and legislative scope of the compensation system for unjustified and unlawful detention in Iranian and French law. This article is descriptive-analytical, employing a library research method to explore the subject in question. Findings suggest that, in Islamic jurisprudence, compensation for the harm inflicted on the victim is accepted. At the same time, the legislative scope for compensating unjustified detention in Iranian law can be found in the regulations of the Civil Procedure Code, the Civil Liability Law, and other laws such as the Islamic Penal Code and specific regulations, as well as judicial precedents. In French law, compensation is studied within the framework of civil laws and the doctrine of judicial liability for temporary detention. The conclusion is that the legislative scope of compensation for temporary detention in Iranian and French law can be found across various laws, judicial precedents, and legal doctrines. In both legal systems, such damages are compensable by the state, although the laws of both countries have acted differently under certain circumstances.