نوع مقاله : مقاله پژوهشی
نویسنده
دانشیار و عضو هیات علمی گروه حقوق جزا وجرمشناسی دانشگاه مفید
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Regarding to the importance of prisoner's right in islam and that the Iranian Law has been under influence of shia jurisprudence and also regarding to international conventions related to right to compensation for unlawful arrest or detention, the study of this issue is necessary.
To have a discussion of this issue we should pay attention to the important subject which referred in jurisprudence as "lost benefits" of human being, by the reason that according to a theory in jurisprudence, the lost benefits of human being are no under the guarantee but according to other theory, they are under the guarantee in some circumstances. So we have discussed this issue and then the issue related rules such as the rule of Ehteram, Etlaf, and the rule of Lazarar as the basis of the issue of right to compensation for unlawful arrest or detention. Thus we examined the related rules in the present research.
کلیدواژهها [English]
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