Social and political consequences, challenges and obstacles in the defense rights of the accused

Document Type : Original Article

Authors

1 PhD student

2 Assistant Professor of Law, Faculty of Humanities, Khomein Branch, Islamic Azad University, Khomein, Iran

3 Assistant Professor, Faculty of Law, Islamic Azad University, Khomein Branch, Khomein, Iran

10.30510/psi.2023.346376.3560

Abstract

Much has been written and said about the defense rights of the accused. However, there are still many obstacles and challenges in the execution process in the criminal proceedings that the defendant actually faces. Density of cases, lack of judges in the organizational chart, multiplicity and variety and confusion of laws, lack of office space and rented buildings, lack of nobility accused of his defense rights Restricting the lawyer's intervention in the form of "not having access to the case", influencing some special officers in making decisions and appointments of judicial authorities in the form of "right to discover crime" for officers who It can seriously endanger the rights and legitimate freedoms of those who did not commit the crime, lack of training or insufficient training of officers and also lack of supervision over their performance, writing of some high judicial officials to the quantity and statistics of cases that may be accurate and The quality of becoming a victim of statistism is one of the obvious examples of obstacles and challenges that the accused faces in the practical and executive process of criminal proceedings.

Keywords