THE SILENCE OF ACCUSED IN CRIMINAL PROCEEDINGS

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MANSOURABADI A.

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Journal: LAW & POLITICS RESEARCH JOURNAL Year:2008 | Volume:10 | Issue:24 Page(s): 225-250

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Information Journal Paper

Title

THE SILENCE OF ACCUSED IN CRIMINAL PROCEEDINGS

Author(s)

MANSOURABADI A. | Issue Writer Certificate

Keywords

THE SILENCE OF ACCUSEDQ3

PRIMARY INVESTIGATIONSQ1

CRIMINAL PROCEDUREQ2

CONFESSIONQ2

TORTUREQ2

Abstract

The main purpose in enforcing of provisions and regulations of CRIMINAL PROCEDURE is to balance between the power of state and the accused. In this category, the social security and the rights of defensive accused are both important. To secure and guarantee the right of defensive accused includes one of the challenges that all the governments and legal systems are confronting. Keeping silent of the accused during the whole or part of the criminal trial is one of the defensive rights that aren’t considered thoroughly in Iranian legal system. In the last century this subject has been the main cause of a lot of arguments among many legal conventions. In some legal system such as British and American societies the right to silence is being looked at respectfully and it has been emphasized to conduct that a lot, at lest in a theoretical way. In some other legal systems such as Iran there isn't any direct rule about it and most likely refers to lack of its identification specially the process of police investigations. The out put of this criterion and Islamic standards -that is the main Iranian legislative base at the moment -is that the accused can keep silent during the whole investigative trial. So that it is for the best of the legislator to enact the clear and obvious regulations regarding this matter.

Cites

A COMPARATIVE STUDY OF INNOCENCE PRINCIPLE IN THE PRELIMINARY STAGE OF THE INVESTIGATION IN IRAN 'S INTERNATIONAL CRIMINAL LAW AND OTHER LEGAL SYSTEMS

References

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APA: Copy

MANSOURABADI, A.. (2008). THE SILENCE OF ACCUSED IN CRIMINAL PROCEEDINGS. LAW & POLITICS RESEARCH JOURNAL, 10(24), 225-250. SID. https://sid.ir/paper/98108/en

Vancouver: Copy

MANSOURABADI A.. THE SILENCE OF ACCUSED IN CRIMINAL PROCEEDINGS. LAW & POLITICS RESEARCH JOURNAL[Internet]. 2008;10(24):225-250. Available from: https://sid.ir/paper/98108/en

IEEE: Copy

A. MANSOURABADI, “THE SILENCE OF ACCUSED IN CRIMINAL PROCEEDINGS,” LAW & POLITICS RESEARCH JOURNAL, vol. 10, no. 24, pp. 225–250, 2008, [Online]. Available: https://sid.ir/paper/98108/en

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