The Right to Have a Lawyer in the Iranian Law and the Principles of Transnational Proceedings

Abstract

Advocacy is one of the sensitive and dangerous professions in society, which is referred to as one of the two arms of justice. The presence of a lawyer in the courts basically facilitates the discovery of the truth. The Iranian legislator, in Article 35 of the Constitution, has foreseen the right to have a lawyer and the right to choose a lawyer, and the principles of transnational proceedings have also respected this right. But our legislator, in the note of Article 48 of the Criminal Procedure Law, has limited the right to choose a lawyer in some criminal cases at the court stage. Is this limitation of choosing a lawyer consistent with domestic and international legal principles? In this article, this issue has been examined in the Iranian law and the principles of transnational proceedings, and Islamic sources have been referred to and analyzed in this article. The research method is descriptive-analytical through library data collection.

Keywords

• right
• lawyer
• approved lawyer
• transnational proceedings
• iranian rights