Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī (Feb 2015)
The Reinforcement of Rights of Accused in the Primary Investigation Stage of Criminal Procedure Law (2014)
Abstract
AbstractCriminal Procedure Law (2014) has moved away from the inquisitionalprocedure system under the influence of global pattern of fair trial andtaking the benefit of comparative studies by adopting the modernapproaches. In the meantime, provisions revolving around the defensiverights have outstandingly developed; the legislator has also taken his/herrights into his consideration from the first step of the criminal process (stageof the exposure of crime). Right to meet the lawyer and physician andpossibility of making call are considered as rights of accused in the stage ofguardian of peace intervention. Furthermore, right of accused in thepreliminary stage investigations in specific sense (i.e. at the presence ofinterrogator) has entirely developed. Giving the same opportunities to theparties has been one of the most important goals in the legislator’s point ofview in this code. Generally, these innovations can be regarded in twopivots: reinforcement of defensive rights (balance between public interestand interest of accused) and decrease of cases which damage the freedom.
