Document Type : Original Article
Authors
1
. PhD Student in Criminal Law and Criminology, Bushehr Branch, Islamic Azad University, Bushehr, Iran
2
. Assistant Professor, Department of Criminal Law and Criminology, Bushehr Branch, Islamic Azad University, Bushehr, Iran (Corresponding Author)
3
. Assistant Professor, Department of Crime and Criminology, Bushehr Branch, Islamic Azad University, Bushehr, Iran
10.30510/psi.2023.328438.3065
Abstract
Respect for the rights of the accused during the trial is a requirement for the administration of judicial justice, and this principle is reflected in national and international law; Therefore, the defense rights of the accused are guaranteed in various stages of the investigation of an accusation, in international regulations, including the International Covenant on Civil and Political Rights, and in the domestic arena in the Constitution of the Islamic Republic of Iran. The purpose of the present study is to study the effects and consequences of denial and the right to silence in the criminal process and international documents that the effects and results of denial and the right to silence. The method of the present research is descriptive-analytical. The results of the present investigation are as follows: In transnational documents, the right of the accused to remain silent is an issue that specifies the duty or non-duty of the judicial authorities and its scope in informing the accused to remain silent in the face of charges. Also, the principle of innocence as one of the principles governing criminal law and criminal proceedings that is deeply related to the protection of individual rights and freedoms in society, but regardless of this recognition in international instruments and domestic law, first of all, our jurisprudence coincides with It is not a legislative policy and there is a long way from theory to practice in institutionalizing the principle of innocence and its effects in criminal proceedings. It is a punishment.
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