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Examining defense rights of the accused at the stage of preliminary investigation in Iran laws (with a human rights approach)

Fathollah Niaziatabay, Ehsan Pahlevani Fard, Alireza Hassni, Elahe Pahlevani Fard


Preliminary investigation is one of the most important stages in Criminal Procedure which has a major impact on process of verdict issuance. Carrying out an appropriate preliminary investigation may guarantee achieving criminal justice. Thus, the legal principles governing the preliminary investigation stage have a significant value and status; so that, states in their criminal procedure codes, dedicate special parts to it. In addition to national laws, international human rights documents also have specific attention to the accused rights in the face of judiciary authors. This is because; violating the individual rights at different stages of criminal trial is possible. As mentioned above, legislators of many states have recognized the legal principles governing on preliminary investigation stage. Iranian legislator is not an exception, too. This article tries to answer how the accused rights at the preliminary investigation stage are guaranteed?  In order to answering this question, present paper seeks to deduct legal principles from Iran’s domestic law that guarantees the rights of the accused at the stage of preliminary investigation. Furthermore, these principles have been evaluated in international human rights instruments, too.


fair trial, preliminary investigation, the right to defense, the right to access a lawyer, human rights instruments, the right to last defense, right to silence.

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