The Differentiation of Preliminary Research in the Face of the Emergency Situation Caused By the Corona Pandemic

Abstract

Background and purpose: An emergency is an unusual situation, as a result of which, the application and implementation of laws and regulations face changes. The Corona pandemic, as a manifestation of the state of emergency, has also led to changes in criminal proceedings, suspension of freedom rights or restrictions on the enjoyment of certain rights. Among the stages of criminal proceedings, considering that the preliminary investigation is the main manifestation of the rights and freedoms of citizens in the face of order and security, it is assumed that it will have the greatest impact and changes in the face of Corona. . The purpose of the current research is to investigate the effects of the differentiation of the preliminary research stage in the face of the emergency situation caused by the Corona pandemic.

Research method: The present research was written using a documentary-library method and the research method is descriptive-analytical. In terms of purpose, it is part of applied research.

Findings: The findings of the research show that due to the situation caused by Corona, preliminary research has faced many changes and developments and some of the rights and freedoms of citizens have been suspended and restricted at this stage. This suspension and restriction of rights both in the beginning of prosecution and in the beginning of investigation and conducting preliminary investigations lead to the differentiation of this stage of criminal proceedings.

Results: The results of the research show that the emergence of an emergency situation caused by the Corona pandemic has led to an increase in the powers of prosecution authorities and law enforcement officers at the stage of prosecution, and in the continuation of facing this situation, it has led to the suspension and limitation of the rights and freedoms of citizens. , the right to be present in investigations, the prohibition of issuing arrest warrants and arrest warrants, and the use of friendly institutions, especially the suspension of prosecution, mediation, etc., in starting investigations and conducting preliminary investigations. The mentioned cases are one of the most important manifestations of the differentiation of preliminary investigations in emergency situations compared to normal situations.