"Adl va Ensaf" Comparative Law Researches Quarterly
"Adl va Ensaf" Comparative Law Researches Quarterly

Damage arising by the arrest with Comprative study of England law

Document Type : Original Article

Authors

Maryam Seyyedhatami 1
fatemeh karimain 2

1 Assistant Professor, Department of Law and Jurisprudence, Islamic Azad University, Ardabil Branch.

2 M.A students in Law, Private Law Group, Ardabil Branch, Islamic Azad University, Ardebil.

Abstract
One of the topics that are discussed in the field of private law is the concept of damages and the ways in which it is compensated. In all legal systems, what is certain is that, if damage occurs, it must be compensated. Damage may also be material, spiritual or physical. One of the issues where compensation is important is the issue of "illegal detention". The criminal procedure that is carried out in order to prosecute and prosecute the offender sometimes goes unpunished, and instead of condemning the guilty, criminal will be prosecuted. In the process of prosecution, a large number of these people are innocent and the court sentences them to be acquitted. It is clear to anyone that arrests and imprisonment of individuals not only detrimental to the individual in the custody and supervision of his or her family, but also cause spiritual intercourse and spiritual damages and dignity over their family members. When these arrests and imprisonment are illegal, these emotions and emotional injuries will be much greater. At this time, the key question that is posed is whether these individuals can compensate for their material and spiritual losses. How do I get out of this arrest? Or is there a right for them in this regard?
 

Keywords

Damage
arrest
Iranian Law
English Law

Subjects

Volume 1, Issue 1
Spring 2018
Pages 22-45

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