Guarantees of the accused during arrest, excluding from the base (original in human innocence)

Abstract

An arrest is a "dangerous" procedure that is based on the personal liberty of the accused, and this procedure is required by the investigative interest, which is one of the most serious and prejudicial to the "personal freedom of the accused", under which the accused is imprisoned for a period of time in prison, because the original is not to be deprived of the freedom to be imprisoned except by committing A particular crime defined by law and established by a court order, the arrest is aimed at reaching the truth by preventing the accused from escaping and trying to conceal and suppress the evidence of the crime, and aims to achieve the public interest of maintaining security and public order because it prevents the accused from continuing criminality. It has a special interest because it also prevents the victim's relatives from trying to retaliate and to take revenge, especially in the first moments of the offence.
If the rule provides that the accused is innocent until proven guilty, his arrest suggests to the court that the detainee committed the offence for which this action was taken when investigating it, which poses a serious risk to the accused and to the proper conduct and justice, which prompts us not to expand the interpretation of the special texts To arrest and to interpret them in a framework that guarantees the public interest and the interest of the accused.