The right to a lawyer in criminal proceedings from the point of view of criminal policy patterns

Document Type : Original Article

Authors

1 Department of Criminal law and Criminology , Qeshm Branch, Islamic Azad University , Qeshm , Iran

2 Assistant Professor of Department of Criminal law and Criminology , Bandar abbas Branch, Islamic Azad University , Bandar abbas , Iran

3 Assistant Professor of Department of Criminal law and Criminology, Faculty of law of Shahid Beheshti University, Tehran, Iran.

Abstract

One of the most obvious achievements of the defendant's rights, human rights and protection and guarantee in all stages of the trial in order to provide the necessary legal grounds to enjoy a fair trial and civil rights, is the assistance and support of a lawyer during criminal proceedings. The realization of the basic and essential rights of the accused in benefiting from free lawyers is selectable and selected from the basic effects of civil rights and is one of the most natural features of a fair trial. In various criminal policy models and various international instruments, criminal policymakers have typically recognized the extra-legislative, legislative, and sub-legislative provisions of a person's right to be charged with access to and support of a lawyer, but with many problems in enforcing the right. Is facing. Thus, this study examines the status and means provided in order to protect this high human right as one of the influential factors in civil rights in ensuring a fair trial in criminal matters from the perspective of criminal policy models with emphasis on liberal and authoritarian model. Examining the contrast between the two views and opposing views on the criteria for having a lawyer in order to have a fair trial. ..Causing damage to the fundamental rights of the person under surveillance or on suspicion of criminal policy patterns, especially the pattern of powerful criminal policy during the trial.

Keywords

Political Sociology of Iran
Volume 4, Issue 2 - Serial Number 14
October 2021
Pages 230-247

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