Adherence to Standards of Legality: A Judicial Review of a Theft Case and its Alignment with International Human Rights Principles within Iran's Legal System
Abstract
This article examines a concrete judicial case that occurred within the Iranian legal system, concerning the arrest and subsequent dismissal of criminal proceedings for suspected theft. Through an analysis of the procedural sequence and the reasoning adopted by the judicial authorities, the study assesses the compatibility of the case outcome with core international human rights standards, with particular reference to the presumption of innocence, the right to personal liberty, and the prohibition of arbitrary detention. Moving from the factual circumstances of the case, the analysis develops a broader theoretical reflection on the limits of preventive criminal law and on the role of judicial review as a structural safeguard against automatic and risk-based enforcement, situating the examined experience within a systemic and comparative perspective.
Fields of Study & Subjects
Criminal Law and Evidence
Legal processes and jurisprudence
Criminal Law and Policy
Publication details
- Journal / source
- Aequitas Magazine
- Publication date
- 8 January 2026