Undoubtedly, the principle of justification is the most prominent manifestation of criminal justice accepted by criminal policy of different countries. One of the effects of the above principle is the non -punishment before a fair hearing. In fact, the punishment can be imposed on a person who has committed a crime, so the defendant who has been issued temporary arrests was somehow early punishment. He will be imposed on him. On the other hand, temporary detention is one of the most reliable supplies that guarantees the presence of the accused in all stages of criminal hearing until the definitive verdict as well as the dangerous state of some defendants, despite the merits of the defendants. For the arrest of a precautionary (temporary detention), the perpetrators should not be refused to issue such a order due to opposition to the principles and freedoms of individual and other criminal supply appointments.