Determining Compensation for Material Damages Resulting from Temporary Detention

Deprivation of liberty of accused person throughout all or part of the preliminary investigation by the competent judicial authority as temporary detention at the end of the investigation may lead to criminality and the indictment or sometimes leads to the presumption of innocence and the prosecution is barred. Naturally, at the time of arrest, heavy material and spiritual losses are imposed on the person which their compensation has not been predicted in the law and this issue can be investigated I terms of juridical root and possibility for regulation in our country. In this research, documentation and conditions of detention remedies are explored according to the principles of Islamic law and regulations and also theway of converting and compensating into cash (money) is investigated. First, reasons of lawyers and jurisprudents are reviewed and then their evidences are analyzed