تضمينات حقوق دفاعي متهمان و امر بازجويي در مرحله تحقيقات مقدماتي

Guarantees and rights of the accused in Preliminary investigations

Preliminary investigations, as the essential stage in preparing the criminal proceeding file are important to determine the judiciary fate of the accused and the adjudication of rights of injured and administrating the criminal justice. To cross-examine the accused is considered the vital part of the preliminary investigations, and with regard to the necessity of advocacy of the principle of innocence and maintaining human dignity during the periods of proceeding vindicating rights of these people prior to and during the interrogation compatible to regional and international documents of human rights at the stage of preliminary investigation are the basic considerations. Examples of vindicating rights in the mechanism of protocol of interrogations are numerous, which in the criminal proceeding systems of countries to be projected and arranged according to the principles of the fair proceeding and related documents. The right of understanding the charge with the mentioning of its reasons, the right of silence and announcing it, the right of having a lawyer and so forth, could be mentioned among these rights. In order to juxtapose with the principles of fair proceeding and guarantees of human rights during the interrogation, present deficiencies must be obviated even though in the criminal proceeding of Iranian law-maker has stipulated some of these rights in the constitution and criminal proceeding law. Iranʹs judiciary branch has provided comprehensive Bill of criminal proceeding measures and has submitted it to the government to the extent that some of the short comings have been obviated.