پژوهشنامه حقوق اسلامی (Apr 2020)
Providing Judicial Security in the light of the right of the accused to a lawyer in Iranian, French and international law
Abstract
Today, security is at the forefront of every legal system's concerns. One of the mostimportant aspects of security that will make citizens feel comfortable is theprovision of judicial security. Judicial security, is, the safeguards of the rights,property, rights, dignity and rights of all citizens. What are the proper mechanismsfor achieving this and ensuring the judicial security of the citizens, especially theaccused? What steps did the legal systems in this research take and what legalmeasures did they anticipate? Providing judicial security in the light of the principlesof fair and equitable trial and the presence of independent and impartial judges injudicial authorities and observing their defense rights such as the principle ofacquittal, the right to have a lawyer and their understanding. Observance of theprinciple of acquittal and adherence to it and the presence of a lawyer in the criminalprocess, in addition to being known as an assistant to the judge, is also instrumentalin the administration of justice, a focus of the Iranian and French legal system and amajor focus of international documents, including the Universal Declaration ofHuman Rights ( Located 1948). According to Iranian Criminal Procedure Code, noone should be summoned or summoned as a defendant without sufficient reason toattribute the charge. This regulation refers to the principle of absurdity and providesfor judicial security in which citizens can be protected from any prosecution and, onthe other hand, defend themselves if they are charged with a lawyer. Given theimportance of the lawyer in the criminal process, the presence of a lawyer in allstages of the Iranian and French legal system is anticipated. Given the importance ofthe lawyer in the criminal process, the presence of a lawyer in all stages of theIranian and French legal system is anticipated. In this paper, using the descriptiveanalyticalresearch method, the role of "defense rights", in particular the right of theaccused to have a lawyer in providing "judicial security", is studied
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