Volume 18, Issue 64 (Winter 2014)                   __Judicial Law Views __2012__, 18(__59__): __2240 | Back to browse issues page

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Saffari A, Saberi R. A Criticism of the Right to Unrestricted Situational Prevention in Fiqh and Law. دیدگاه‌های حقوقی. 2014; 18 (64)
URL: http://jlviews.ir/article-1-362-en.html
1- Assistant Professor of Criminal Law and Criminology Shahid Beheshti University , a_saffary@sbu.ac.ir
2- Ph.D Student in Criminal Law and Criminology Shahid Beheshti University
Abstract:   (10996 Views)

  This paper attempts to critically review the existing views in relation to unrestricted right of situational prevention. In order to do this, different viewpoints in favor of the right to take unlimited preventive measures to protect fundamental rights of citizens, are explored in the lights of the legal and juridical ideas as opposed to those in which it is stated that the right to prevention should be limited. It is concluded that although the legality of taking preventive measures even those involving harm to intruders are justified, certain limitations should also be imposed to prevent excessive harm to those who may try to ignore or come over the preventive measures.

     
Type of Study: Revision & Collection | Subject: Pivate Law
Received: 2014/05/25 | Accepted: 2014/05/25

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