Section 2 Criminal Case

Chapter 3 Crime Detection, Arrest of the Accused Person and Collecting Evidence

Arrest Registry of the Suspect

Article 86:

(1) Police and national security operative shall be duty-bound to prepare a registry for the suspect’s arrest. The registry shall contain the following:

1– Reason for arrest.

2– Date of arrest (time, day, month, and year).

3– Place of arrest.

4– Primary statements of the arrested person.

5– Details of the incident

(2) Arrest registry shall be signed by the person who prepares it and other people who were present during the arrest and the suspect’s fingerprint shall be obtained.

Section 2 Criminal Case

Chapter 3 Crime Detection, Arrest of the Accused Person and Collecting Evidence

Case Submission to the Prosecutor

Article 87:

(1) Police are obligated to officially send the registry of performance along with collected documents, evidence and grounds to the prosecutor’s office and also hand over the suspect to the relevant prosecutor’s office within 72 hours for investigation, after the suspect is arrested.

(2) The registry set forth in paragraph (1) of this article shall consist of the following information:

1– Typeof criminal incident.

2– Place and date of crime and proceeding of arrest of the suspect.

3– Commencement of detection and its completion.

4– Suspect’s personal information, fingerprints, photograph and other characteristics.

5– Personal information of case eyewitnesses and others who provided statements and the information obtained from them in this regard.

6– Description of the incident and statements of the victim, suspect, witness and experts report.

7– Stating the number of papers and documents obtained.

8– Detection official’s identity and signatures.

9– Other information about the crime which needs to be mentioned.

(3) If the suspect is not initially identified and arrested in a criminal case, the police are obligated to take required measures to identify the suspect, obtain an arrest warrant based on legally obtained evidence from an authorized source, and report the results to the relevant prosecutor’s office.

Chapter 2 Discovery and Investigation of Crimes

Article 20.
Imposition of Restraint

(a) Arrest is the restraint of a person, not imposed a punishment for an offense, directing him to remain within certain specified limits in order to take precautionary measures.

(b) Arrest and taking under custody happen pursuant to an order from a competent authority.

(c) No person may be ordered into arrest or confinement except for probable cause.