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The Role of the Accused’s Attorney in the Criminal Justice System of Iran, Mashhad 2014
Authors: Mahdi Karimi
Abstract:One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.
Digital Object Identifier (DOI): doi.org/10.5281/zenodo.1125015Procedia APA BibTeX Chicago EndNote Harvard JSON MLA RIS XML ISO 690 PDF Downloads 845
 Johnson, Glenn, (1999), The Universal Declaration of Human Rights and its history, translation: MJ Pooyandeh, Fourth Edition, Ney Publications.
 Fakher, H., (1978), The interpretation and description of the UN Charter, Tolou Publications.
 Nasrzadeh, H., (1993), The Declaration of Human Rights, First edition, Ganje Danesh Publications.
 Hashemi, Syed M., (1999), Constitutional Rights, Volume I, Third Edition, Tehran, Dadgostar Publications.
 Katouzian, N., (1999), The principles of public law, Tehran, first edition, Dadgostar Publications.
 Ardebili, M., (2001), Held under the articles on Criminal Sciences, First Edition, Tehran, SAMT Publications.
 Araghi, A., (1952), The Constitutional Rights of Iran, Eghbal Publications.
 Ashuri, M., (2001), Criminal Procedure Code, Volume I, Tehran, SAMT Publications.
 Muezzin Zadeh, H., (1994), The Right to Defense in The Code of Criminal Procedure and Its Comparative Study, doctoral thesis, Criminal Law and criminology, Tarbiat Modares University.
 Jedari Forughi, MA, (April 2001), "The accused and the right to an attorney", Journal of Voice of Justice, No. 4, pp. 3-5.
 Madani, SJ al, (1984), The Constitutional Rights of The Islamic Republic of Iran, First edition, Publications of office of the Islamic culture.
 Saroukhani, B., (2008), Research Methods in the Social Sciences Insights and Techniques, Publication of Institute for Humanities and Cultural sciences studies.
 Khaki, G., (2009), Research Method with an Approach towards Thesis Writing, Baztab Publications.
 Hafeznia, M., (2007) Introduction to research in the humanities, the eleventh edition, SAMT Publications.
 Delaware, A., (2008), The Possibilities and the Use of Statistical Methods in Psychology and Educational Sciences, Eighth Edition, Rosh Publications.