Innovation Criminal Procedure Act of 1392 Regarding the Rights of the Accused and Defense in Preliminary Inquiry

Goldust Juybari, Rajab; Mirkamali, Ali Reza; Ghabli, Zhale

doi:10.22055/ajkrl.2018.14009

Innovation Criminal Procedure Act of 1392 Regarding the Rights of the Accused and Defense in Preliminary Inquiry

Document Type : Original Article

Authors

Rajab Goldust Juybari ¹

Ali Reza Mirkamali ²

Zhale Ghabli ³

¹ Associate Professor of Law, Shahid Beheshti University, Tehran, Iran

² Assistant Professor of Law, Shahid Beheshti University, Tehran, Iran

³ M.A. in Criminal Law, Shahid Beheshti University, Tehran, Iran

10.22055/ajkrl.2018.14009

Abstract

The defendant's defense rights are related to human rights issues and the minds of legislators and enforcers is justice. In this research, we use a descriptive-analytical method and using bibliographic sources to examine the innovations that the legislator has foreseen in relation to the defense rights charged in the Code of Criminal Procedure Act of 1392. In this law, the legislator uses fair trial patterns and aims to provide equal opportunities for the parties to the lawsuit, has anticipated developments in the preliminary investigation phase to protect the rights of the accused. Legal rights such as: the right of the accused to file a person's case, the defendant's right to contact the family and the defendant's rights of defense, such as: the right to have a lawyer and to arraign and obtains the last defense and the right to remain silent. In this article, these rights are looked at and criticized.

Keywords

Accused

Rights of the accused

Defense rights

Defense rights of the accused

Fair trial