قرار بازداشت موقت
دسامبر 9, 2019
چه جرم هایی مصادیق کلاهبرداری به حساب می آیند؟
دسامبر 15, 2019
بروز رسانی 1403/01/18
حکم باز داشت موقت در چه شرایطی صادر می شود؟
صادر شدن حکم باز داشت موقت برای همه جرم ها ممکن نیست و تنها در شرایطی صادر می شود که جرم انجام شده اهمیت بیشتری داشته باشد.
البته باز هم الزامی به صادر شدن این قرار نیست و بیشتر به تشخیص بازپرس بستگی دارد.
جرم هایی که برای آن ها قرار بازداشت موقت صادر می شود:
جرم هایی که مجازات نهایی و قانونی آن جلوگیری از ادامه زندگی متهم باشد مثل اعدام و قصاص و حبس ابد و یا قطع عضو
جرم های تعزیری از درجه ی یک تا چهارکه مجازات آن ها شامل موارد زیر باشد:
حبس بیشتر از پنج سال ، جریمه مالی بیشتر از هجده میلیون تومان ، انفصال از خدمت به صورت دایم ، مصادره اموال و انحلال شخص حقوقی
جرم هایی که علیه امنیت داخلی و خارجی کشور انجام شده باشد و مجازات آن درجه پنج به بالا باشد.
مزاحمت و آزار و اذیت باری زنان و کودکان و تهدید و نظاهر و قدرت نمایی برای همه افراد با استفاده از چاقو یا اسلحه یا هر نوع جسم تهدید کننده دیگر.
جرم هایی شامل دزدی وکلاه برداری و اختلاس و خیانت در امانت و جعل سند و هویت
در صورتی که شخص سابقه محکومیت قطعی به ارتکاب این جرم ها را داشته باشد،
در صورت متهم شدن در هر شرایطی قرار بازداشت موقت برای او صادر می شود.
شرایطی که قطعا لازم است قرار بازداشت موقت صادر شود:
تشخیص باز پرس این باشد که متهم در صورتی که آزاد باشد آثار جرم و مستندات آن از بین می رود
یا این که ممکن است باعث شود شاهدان واقعه از از شهادت دادن برای مراجع قانونی خود داری کنند.
دیگر در صورتی که تشخیص داده شود آزاد کردن متهم باعث فرار کردن یا مخفی شدن او می شود و نتوان دوباره به راحتی دستگیرش کرد.
یا این که آزاد بودن متهم با عث شود نظم عمومی به هم بخورد یا تهدیدی برای شاکیان و شهود و… باشد.
در چنین شرایطی قطعا حکم بازداشت موقت صادر می شود.
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