Jurisprudential principles of securing the rights of the accused under pre-trial supervision

Subject Areas : All jurisprudential issues

mehrangiz karimi ¹ , mehdi sheidaeian araee ² , asghar arabian ³

1 - PhD student, Department of Fiqh and Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University of Tehran, Iran.
2 - Assistant Professor, Department of Crime and Criminology, University of Tehran, Iran
3 - . PhD in Criminal Science and Criminology, Assistant Professor of Science and Research, Tehran, Iran.

Received: 2020-10-28 Accepted : 2022-11-08 Published : 2021-08-23

Keywords: Under Oversight, freedom, Rights, defendant,

Abstract :

Protecting individual rights and freedoms is one of the purposes of criminal procedure law. Among the acts that violate individual rights are the rights and freedoms of the accused at the monitored stage. The rights of the accused have been taken into consideration by the legislature to some extent, although they have not been fully addressed and full requirements have not been set for law enforcement and the judiciary, and in general some have been pointed out. The accused was under surveillance; The right of the accused to remain silent, the principle of innocence, the right to know the reasons for arrest, the interrogation of the accused by addressing issues such as the observance of the principle of security in the interrogation of the accused, human dignity, protection of civil rights and fair trial, as well as the right to a lawyer. The right to understand the accused and the right to inform the family were among the cases that were examined in this research from the perspective of jurisprudence and law. Violation of the rights of others, including defendants, is an unforgivable sin, and hard-working judicial officers and judicial colleagues are expected to spare no effort to observe it carefully.