Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 852-867 |
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Salimi Ghalei E, Bouzari S, Malaekeh E. The Requirements of the Defendant's Right to Defense; Comparison of International Documents and Iran's Legal System. MLJ 2022; 16 :852-867
URL: http://ijmedicallaw.ir/article-1-1757-en.html
URL: http://ijmedicallaw.ir/article-1-1757-en.html
1- . Department of Law, Faculty of Humanities, Maragheh University, East Azarbaijan, Maragheh, Iran.
2- . Department of International Law, Faculty of Law, University of Qom, Qom, Iran
2- . Department of International Law, Faculty of Law, University of Qom, Qom, Iran
Abstract:
Background and Aim: The right to defend the accused and to assist him in preparing the defense against the imputed charge is one of the requirements of a fair trial. This opportunity can be justified not as a special privilege for the accused, but to create a balance between the parties. On this basis, the person who is accused should be supported by the criminal justice system in order to be able to defend himself against the accusation on an equal footing with the plaintiff. This article seeks to identify the executive mechanisms of guaranteeing the defendant's right to defense in international documents and regulations and in Iranian law.
Method: The present research has been carried out by a descriptive-analytical method and by collecting information in a library form and it tries to address the requirements of the accused's right to defense by comparing international documents and Iran's legal system.
Ethical Considerations: In this article, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.
Results: The findings of this article show that the explanation of the charge, giving the accused a suitable deadline to prepare a defense, the right to access information and receive information are the most important guarantees of the defendant's defense rights, which are considered in both international law and Iranian law.
Conclusion: In the current system of regulations governing the right of defense, it is necessary to review the issue of granting "proportionate time to prepare defense" and provide "guarantee of legal and criminal executions to protect the right of defense".
Please cite this article as:
Salimi Ghalei E, Bouzari S, Malaekeh E. The Requirements of the Defendant's Right to Defense; Comparison of International Documents and Iran's Legal System. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e53.
Method: The present research has been carried out by a descriptive-analytical method and by collecting information in a library form and it tries to address the requirements of the accused's right to defense by comparing international documents and Iran's legal system.
Ethical Considerations: In this article, while respecting the authenticity of the texts, honesty and trustworthiness have been observed.
Results: The findings of this article show that the explanation of the charge, giving the accused a suitable deadline to prepare a defense, the right to access information and receive information are the most important guarantees of the defendant's defense rights, which are considered in both international law and Iranian law.
Conclusion: In the current system of regulations governing the right of defense, it is necessary to review the issue of granting "proportionate time to prepare defense" and provide "guarantee of legal and criminal executions to protect the right of defense".
Please cite this article as:
Salimi Ghalei E, Bouzari S, Malaekeh E. The Requirements of the Defendant's Right to Defense; Comparison of International Documents and Iran's Legal System. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e53.
Type of Study: Original Article |
Received: 2023/09/6 | Accepted: 2024/02/12
Received: 2023/09/6 | Accepted: 2024/02/12
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