Illegal detention in Afghan criminal law and international documents

Document Type : Specialized scientific

Authors

1 Master's degree in criminal law and criminology from Al-Mustafa University - Kabul

2 Dean of the Faculty of Jurisprudence and Law

10.22034/ls.2024.100632.1034

Abstract

One of the important topics of criminal law is illegal seizure; Because this phenomenon violates the basic rights and freedoms of people. Therefore, the first question raised is what is the nature of the crime of illegal detention from the perspective of Afghan criminal law and international documents, and to what extent is the convergence and divergence of Afghan criminal law with international documents. The nature of illegal detention from the perspective of Afghan law and international documents is any type of illegal action that leads to deprivation of liberty and restrictions on the freedom of others, and consists of three legal and material elements, i.e. deprivation of liberty and restriction of others (verb) or not releasing persons that the legal term of their imprisonment has passed (leaving the verb) and it is a spiritual element. The findings of the research show that the criminal law of Afghanistan has followed the international documents in the principle of acquittal, the principle of prohibition of arbitrary arrest, the principle of personal nature of crimes and punishment, arrest by legal method, examining the necessity and non-necessity of detention, and in some cases even more is Such as arrest with the aim of achieving an illegal thing, malicious intent of the seizing body, negligence in applying the relevant laws. This research has analyzed the commonalities and differences in these two sources with analytical and descriptive methods.

Keywords

Volume 10, Issue 1 - Serial Number 20
September 2024
Pages 105-121

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