Document Type : Original Article
Authors
1
PhD student in criminal law and criminology, Yazd branch, Islamic Azad University, Yazd, Iran.
2
Assistant Professor, Department of Law, Meybod Branch, Islamic Azad University, Meybod, Iran.
3
Associate Professor, Department of Law, University of Qom, Qom, Iran.
10.30510/psi.2022.351752.3733
Abstract
The principle of the right to free access to a lawyer in line with the administration of justice is in harmony with other principles, and compliance with this principle is necessary for other principles and rights, such as the principle of arbitration, the principle of public trials, the principle of obtaining evidence through legitimate means, and the principle of impartiality of judicial authorities. , the principle of equality of arms, the principle of non-torture, the principle of the right to remain silent, the principle of fair trial, the principle of acquittal, the right to free defense, the right to appeal and access to fair justice, the right to protest opinions, and it is related and complementary to them because With the existence of a free and independent lawyer, other rights are also respected, and at least the existence of a lawyer prevents the violation of other rights, which the constitution of Iran and other countries, as well as regional and international conventions, have emphasized on their observance, and in all legal systems of the world, more or less It has been accepted, but there are differences in its limits and possible limitations. This right has been accepted in Iran's law for many years, but there are articles and notes in this regard in different eras of criminal law, without any legal reason or mention. Precise and specific rules have limited this right. In the Criminal Procedure Law of 2012, this restriction against the law and fairness is mentioned
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