تحلیل کارآمدی قرارهای تأمین کیفری در حقوق ایران با تأکید بر چالش های اجرایی

Criminal security orders are among the most important instruments ensuring the defendant’s presence during criminal proceedings. However, at the stage of implementation, they face challenges that may lead to violations of defendants’ rights and undermine the principles of fair trial. This study aims to systematically identify and analyze the practical challenges of implementing criminal security orders in Iranian law and to propose reform-oriented solutions to enhance their effectiveness. The study has been conducted through a descriptive–analytical method. The findings indicate that in temporary detention orders, ambiguity regarding their discretionary or mandatory nature and inconsistency among judicial authorities are major issues. In bail orders, challenges such as the procedures of issuance and acceptance, the inability to accept bail for persons under 18, and the confiscation of exempt property were observed. Regarding surety orders, difficulties in verifying the surety’s solvency, the procedure for forfeiting the surety amount, and the acceptance of legal entities as sureties are significant problems. Likewise, in the order of commitment not to leave the judicial district, the absence of effective enforcement mechanisms and ambiguity in defining its scope complicate its implementation. In the case of minors, the incompatibility of some security orders with the principles of differential juvenile justice constitutes a serious challenge. The results show that most implementation challenges stem from legal ambiguities and the absence of uniform procedural guidelines. Utilizing the findings of this research can serve as a basis for drafting new judicial directives, revising relevant legal provisions, and designing training programs for judges and law enforcement officers to enhance the efficiency of the criminal security system while safeguarding defendants’ rights.