چکیده:
The right to counsel in criminal trials is the most important conditions of a fair trial
process. This requires the right and another right that is a prelude to the implementation of
the "right to defense" is called. Code of Criminal Procedure of 2013, is a range of
developments in relation to the presence of lawyers in the preliminary investigation that
some of these changes has been a stone's rights of defense and others opposed to it and is
also contrary to the principle of freedom and independence of individuals and legal counsel.
Thus, the present paper deals with the explanation and analysis of new regulations and
changes in the law of criminal procedure in the presence of lawyers in criminal courts.
خلاصه ماشینی:
Social Studies, Legal Role of the Lawyer in the Criminal Justice Process Mohsen Alaei1*, Mohammad Hosenzadeh1, Ashkan Moghaddasian1 and Amirali Gholopoor1 1Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran * Corresponding Authors: Mohsen Alaei ABSTRACT The right to counsel in criminal trials is the most important conditions of a fair trial process.
Code of Criminal Procedure of 2013, is a range of developments in relation to the presence of lawyers in the preliminary investigation that some of these changes has been a stone's rights of defense and others opposed to it and is also contrary to the principle of freedom and independence of individuals and legal counsel.
Moazzen Zadegan (2010) in their study entitled guarantee the rights of the accused and the defense at the stage of preliminary investigation revealed that the Iranian criminal justice system, although the legislator to some of those rights in the Constitution and laws of criminal procedure has made clear, however, in conformity with the principles of fair trial and guarantees of human rights across the defects interrogation is necessary, especially in terms of predicting the unconditional right to counsel, the right to delay the prohibition of charges and the right to revoke the rights of defendants as well as research to be resolved.
Counsel during the preliminary investigation leads to balance and achieve the principle of equality of arms in criminal procedures, because the pursuit of professional judges, private plaintiffs, officers of Justice attorney or his lawyers and prosecutors in the protection of the rights of the injured motivated crime to collect evidence against the accused engaged, requires lawyers active and leading the charge to defend his/her legal rights.