Title: Rights of the Defendant to a custody in the Light of penal procedure law 2013
Abstract: Observance of the principle of fair and just prosecution as a critical and necessary matter requires that defense rights of the accused under observation is respected and mandates are issued in this regards for law implementers so based on dispositional interpretations, the rights of the defendant is not obliterated. Off course, it should be stated that the outlook of the law maker in the punitive system of Iran is a security view point and therefore, as it should, the defense rights of the accused in custody has not been addressed. Yet, steps have been taken which are distant from the main objective. The principle of legality of crime and punishment permits investigation of the accused and keeping him or her under observation by virtue of law and regulations. Therefore, the code of punitive prosecution should officially recognize the rights of the accused who is a free human possessing human dignity by virtue of the law and with creation of balance between the interests of society and individual interests and also balance between precision and speed, prevention should be made from disregard of the rights of the defendant under observation. With attention to the past legal gap with regards to protection of the rights of the defendant under observation, in the law of the code of punitive prosecution 2013 principles have been predicted that are more complete compared to previous laws and clearer initiatives have been made and the law maker in numerous titles has addressed the rights of the defendant in custody one of which is the right to have a lawyer during the stage of being observed. In this paper, it has been endeavored to evaluate this right with a comparative look with respect to past laws.
Publication Year: 2016
Publication Date: 2016-08-05
Language: en
Type: article
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