مرکز منطقه ای اطلاع رساني علوم و فناوري

Abstract :

The Criminal Procedure Law helps the state to fulfil its right of punishment and as a result the procurement of its deterrent penalty function in general and in private characters. In other words, if the real criminal is seized after criminal procedures, the punishment puts its general and private deterrent functions into practice. The fact that the real criminal is being penalised would provide a sense of security for the members of the society. In criminal procedures, detaining real criminal, or tangible truth, is only possible after person under allegation is given effective right to defend himself. The right of defence grounds from the right of being tried in a just court which has constitutional qualities and is suitable to the principles of a state of law. The right of defence has a special place for mechanisms, which would safeguard the individual’s or state’s suitability to the norms, to function in a reliable and objective fashion. It is impossible to say that a person, who is deprived of his right of defence and not tried by an unbiased and independent court, has basic rights of a state of law. In a criminal procedure, the person who is especially responsible to oversee if the state is following the norms is defendant. For this reason, within the right of defence, it is an obligation to protect the right of advocating in a state of law. However, this does not mean that the right of defence cannot be restricted. The confines of right of defence can be, within the principle of moderation yet without abolishing the quintessence of this right and in an acceptable manner for a democratic state, can be restricted.