Ehsanpour S R, Abbas Zadeh E, Hosseini M M, Hashempour M, Ehsanpour S M R, Rafaati Khosroshahi S. Legal and Juridical Study on Controlled Delivery by States. MLJ 2017; 11 (41) :139-163
URL:
http://ijmedicallaw.ir/article-1-738-en.html
1- Faculty of Humanities, Azad University of Sari, Sari, Iran. (Corresponding author)
2- Imam Sadiq University, Tehran, Iran
3- Faculty of Humanities, Azad University Centeral Tehran Branch, Tehran, Iran
4- Faculty of law, Qom University, Qom, Iran
5- Tarbiat Modares University, Tehran, Iran
Abstract:
Controlled delivery is a new method to discover drug smugglers origin and destinations. Practicing this method can help to provide necessary evidences and to capture all drug belongs including: producers, distributors etc. Controlled delivery first appeared in article 11 of Genève convention in 1997 although some countries had made already bilateral agreements to practice this method among them. To perform this method there will be many juridical and legal obstacles. For example in the realm of law impossibility of attributing the crime to offenders, possibility of consulting to police staff and disregarding innocence presumption are very important issues. In addition, performing this method may accelerate bribery and money laundering grounds. In juridical context, although there are some main problems in this respect but some juridical principles like "No Harm", "Public Beneficiary" and "Doing Based on Public Traditions" support this method.
Please cite this article as: Ehsanpour SR, Abbas Zadeh E, Hosseini MM, Hashempour M, Ehsanpour SMR, Rafaati Khosroshahi S. Legal and Juridical Study on Controlled Delivery by States. Iran J Med Law 2017; 11(41): 139-163.
Type of Study:
Original Article |
Received: 2016/02/23 | Accepted: 2017/01/3