Principles of Legislative Policy in Iran's Criminal Justice System Defendant's defense rights and the institution of advocacy

Document Type : Original Article

Authors

1 Demetri student, Department of Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran

2 Assistant Professor of Criminal Law and Criminology, Islamic Azad University, Kermanshah, Iran

3 Assistant Professor, Law Department, Islamic Azad University, Kermanshah Branch

Abstract

The stage under consideration, as one of the stages of criminal proceedings, in the Code of Criminal Procedure, with an extraordinary leap compared to the previous law, has amended the principles and rights of this stage in full detail, and with strictness to judicial officers, to a large extent Arranged with the people under surveillance. In this research, which has been written in a descriptive-analytical method with the aim of explaining Iran's legislative and judicial policy in the field of defense rights of the accused and the advocacy institution, the findings indicate that: a) The law of the Islamic Republic of Iran Despite the mention of the constitution, it faces restrictions and makes it difficult for the person in question to obtain legal advice, especially free advice. B) The principle of legality of the arrest and detention of the accused under the supervision and prohibition of arbitrary arrest and detention restricts the officers from exercising this authority. (C) The right to information, as an international principle, has been properly incorporated into domestic law but has been hastily restricted by the title of necessity.

Keywords

Political Sociology of Iran
Volume 3, Issue 4 - Serial Number 12
February 2021
Pages 335-352

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