The Reinforcement of Rights of Accused in the Primary Investigation Stage of Criminal Procedure Law (2014)

Abstract Criminal Procedure Law (2014) has moved away from the inquisitional procedure system under the influence of global pattern of fair trial and taking the benefit of comparative studies by adopting the modern approaches. In the meantime, provisions revolving around the defensive rights have ou...

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Bibliographic Details
Main Author: Muhamad Mehdi Saghian
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2014-04-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
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Online Access:http://jclr.atu.ac.ir/article_663_97f9b37bbf0ee02e85fdf0475e183a1e.pdf
Description
Summary:Abstract Criminal Procedure Law (2014) has moved away from the inquisitional procedure system under the influence of global pattern of fair trial and taking the benefit of comparative studies by adopting the modern approaches. In the meantime, provisions revolving around the defensive rights have outstandingly developed; the legislator has also taken his/her rights into his consideration from the first step of the criminal process (stage of the exposure of crime). Right to meet the lawyer and physician and possibility of making call are considered as rights of accused in the stage of guardian of peace intervention. Furthermore, right of accused in the preliminary stage investigations in specific sense (i.e. at the presence of interrogator) has entirely developed. Giving the same opportunities to the parties has been one of the most important goals in the legislator’s point of view in this code. Generally, these innovations can be regarded in two pivots: reinforcement of defensive rights (balance between public interest and interest of accused) and decrease of cases which damage the freedom.
ISSN:2345-3575