The rights of the accused and the invalidity of the preliminary investigation; Challenges and requirements (in the Code of Criminal Procedure adopted in 1392 and subsequent amendments)

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

masoud  Fadaei Dehcheshmeh ¹ (Faculty of Humanities, Shahroud Branch, Islamic Azad University, Shahroud, Iran)
Asal  Azemeyan ² (Faculty Member, Department of Law, Faculty of Humanities, Shahroud Branch, Islamic Azad University(IAU), Shahroud, Iran)
sajad  jahanbaziGojani ³ (Bar Association)

Received: 2021-11-23 Accepted : 2022-01-02 Published : 2022-04-21

Keywords: ", preliminary investigation ", Defense Rights", , ", judicial officer ", , ", Understanding the charge", , ", The right to a lawyer",

Abstract :

Prior to the enactment of the Code of Criminal Procedure in 2013, the Iranian judicial system was in line with the investigative judicial system at the preliminary investigation stage, but with the innovations of the new law, especially in the field of promoting the defense rights of the accused, the situation has changed. The provision of criteria such as the right to inform the relatives of the accused, the right to a medical examination and the right to be informed of the rights of the defense are among the most important innovations of this law, which itself indicates an attempt to further the preliminary investigation. Installing the "Charter of the Rights of the Accused" in the corridors of police stations, courts and criminal courts in such a way that it is visible to the clients and the accused, so that they ask the law enforcers to observe these rights; It may have beneficial effects on the judicial reform process and the way criminal proceedings are conducted. Violation of the rights of others, including defendants, is an unforgivable sin, and hard-working judicial officers and judicial colleagues are also expected to make every effort to ensure strict observance. In the Code of Criminal Procedure adopted in 1392, failure to comply with the mandatory principles in the preliminary investigation stage has resulted in disciplinary punishment and there is no place that explicitly considers the guarantee of non-compliance with these principles in the preliminary investigation stage to invalidate the preliminary investigation. The comments of Articles 63, 106 and 196 of the said law confirm this opinion this research has been done as a documentary library .We first found a source in relation to the subject according to the subject and then studied the field by gathering resources.