A C A Comparative Study of the Defendant's Defendant's Rights at the Crime Discovery Stage in Iran and the Statute of the International Criminal Court

Subject Areas : Political and International Researches Quarterly

Received: 2020-01-21 Accepted : 2020-01-21 Published : 2020-02-20

Keywords: Crime Discovery, Defendant’s Rights, Criminal Procedure Code (2013), Statute of the International Criminal Court,

Abstract :

GHasem Karbas Forosh[1] Akbar Vorvayi[2]   Abstract On charges against the accused, aforementioned enters a process of criminal prosecution where one side of the government has all the powers and means to stand up to the accused and the other is accused of being incapable of governing. Defendant have to allow to defend itself optimally. If the mechanism is not thought out, the wrongdoing will inevitably lead to misconduct; to avoid this, the defendant must have adequate defense rights. The discovery phase of the crime as a first step in the criminal investigation process is of particular importance and to a large extent the ultimate fate of the criminal case depends on this stage. Accordingly, failure to adhere to the principles of fair and equitable proceedings, in particular the safeguarding of the defendant's defense at the discovery stage of the crime, may affect other stages of the criminal proceedings. Usually, the provisions on the rights of the accused are enshrined in the Code of Criminal Procedure and are superseded in all criminal proceedings. The Criminal Procedure Code of Iran has also dealt with various aspects of defendant's defense rights, such as: the right to liberty, the right to be accused, the right to have a lawyer, the need for dignity and human dignity, and so on for the violation of these rights by the criminal justice system. Police and judicial authorities have guaranteed criminal prosecution.   [1] - PhD student, Criminal Law and Criminology, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran Department of Criminology and Criminology, Kermanshah Branch of Science and Research, Islamic Azad University, Kermanshah Iran. [e-mail] [2] - Full Professor and Faculty Member, Amin Police Science University, Tehran, Iran