Investigating and explaining the formalities and methods of benefiting the officials of the Defense Institution for the principle of defense immunity in the Iranian criminal proceedings

Document Type : Original Article

Authors

1 PhD Student in Criminal Law and Criminology, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran

2 Assistant Professor, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran

Abstract

Iran's judicial structure is based on the principles of a fair and just trial. This structure is supported by a number of principles as set out in the relevant laws, including the Code of Criminal Procedure. The judge and the lawyer are the two pillars of this set of principles. One of the most important laws related to the position of a lawyer in the official system of the country is the single article related to the selection of a lawyer by the litigants approved by the Expediency Council in 1991. According to this law, job guarantees of judicial officers have been extended to defense officials (lawyers). In addition to the employment regulations, other guarantees arising from the principle of judicial immunity, which is known as the index of advanced proceedings, are included in the positions of the defense system of the country in the position of defense. We call these safeguards, which rely on the theory of transfer of security and judicial respect for defense principles, defense immunity. The exercise of defense immunity has domestic, national and international effects. Litigation, guaranteeing domestic and international judicial authority, guaranteeing trust in the defense system, overseeing criminal justice activists, guaranteeing judicial and defense security, guaranteeing the right to life and human rights and political freedoms are some of the effects of applying the principle of defense immunity in Iran's criminal proceedings

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