The Foundations and Position of Attorneyship of Accused in the International Instruments and Iranian Criminal Justice System

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Arefi Morteza; OMIDI JALIL

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Paper Information

Journal: PAZHOUHESH NAME HOGHOUGH E KEYFARI Year:2019 | Volume:10 | Issue:1 (19) Page(s): 165-188

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Title

The Foundations and Position of Attorneyship of Accused in the International Instruments and Iranian Criminal Justice System

Author(s)

Arefi Morteza | OMIDI JALIL | Issue Writer Certificate

Keywords

LawyerQ1

Attorneyship of accusedQ1

Defendant rightsQ2

International InstrumentsQ1

Fair trialQ1

Abstract

Criminal procedure is a system that ensures the accused's rights. One of the norms of this system is accused's access to an attorney. The importance of this norm is so great that International Instruments and domestic laws, identifying this right, have expressed necessity of attorney presence in favour of the defendant in some cases. This article seeks to answer two questions: What is the foundations Attorneyship of accused? How much do the international documents and Iranian criminal justice makers pay attention to these bases? The findings of this research illustrate that human right foundations, criminal policy strategies and criminology doctrines justify access to a Lawyer in favour of accused. In recent year's positive change have occurred in the approach of the Iranian criminal justice system to the right of accused to have a Lawyer. However, limitative provisions such as 48 article of Criminal Procedure Law and failure to provide a guarantee of the violation of the right are the things that can be criticized.

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APA: Copy

Arefi, Morteza, & OMIDI, JALIL. (2019). The Foundations and Position of Attorneyship of Accused in the International Instruments and Iranian Criminal Justice System. PAZHOUHESH NAME HOGHOUGH E KEYFARI, 10(1 (19) ), 165-188. SID. https://sid.ir/paper/384185/en

Vancouver: Copy

Arefi Morteza, OMIDI JALIL. The Foundations and Position of Attorneyship of Accused in the International Instruments and Iranian Criminal Justice System. PAZHOUHESH NAME HOGHOUGH E KEYFARI[Internet]. 2019;10(1 (19) ):165-188. Available from: https://sid.ir/paper/384185/en

IEEE: Copy

Morteza Arefi, and JALIL OMIDI, “The Foundations and Position of Attorneyship of Accused in the International Instruments and Iranian Criminal Justice System,” PAZHOUHESH NAME HOGHOUGH E KEYFARI, vol. 10, no. 1 (19) , pp. 165–188, 2019, [Online]. Available: https://sid.ir/paper/384185/en

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