Sociological analysis of lawyer's defense immunity in Iranian law

Subject Areas : Social Science Quarterly

Abdul Ali Kodabakhshi ¹ , karim salehi ² , Mahdi Dehshiri ³

1 - PhD student in Criminal Law and Criminology, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
2 - Assistant Professor, Islamic Azad University, Shahrekord Branch, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.
3 - Assistant Professor, Islamic Azad University, Shahrekord Branch, Department of Law, Shahrekord Branch, Islamic Azad University, Shahrekord, Iran.

Received: 2020-09-09 Accepted : 2021-02-23 Published : 2021-03-10

Keywords: Lawyer, Individual Consequences, Social Consequences, Institutional Consequences, Defense Immunity,

Abstract :

Defense immunity of lawyers as one of the most important pillars of the Iranian judicial structure includes guarantees related to defense in the constitution. The institution of advocacy also plays a role as one of the fundamental rays of normal proceedings in the judiciary. Therefore, this study was conducted with the aim of sociological analysis of the defense immunity of a lawyer in Iranian criminal law by descriptive documentary method. For theoretical literature, the views of Parsons, the Legislature, Durkheim's oversight, Habermas Civil Society, Marshall Civil Law, Bourdieu Institutional Trust, Kant & Rawls Justice, Popper, Berlin, and Sartre have been used. Documentary findings from the analysis of existing texts have shown that the defense immunity of lawyers in two main areas of sociology and law has been examined. In the sociological field, the findings show that the categories of rule of law, oversight, public sphere, civil society and institutional trust with social and theoretical mechanisms have led to the defense immunity of lawyers and government institutions using the separation of powers and creating free space in the development of individual freedoms And civil can create grounds for increasing legal powers to enhance the defense immunity of lawyers. In the legal sector, the lawyer is in a position to defend the respect and security of judicial employees, and in this way, with the strategies of the principle of dignity, protection of rights, realization of rights along with increasing oversight and guaranteeing judicial authority, defense immunity is achieved.