Guarantee of compliance with defense rights in the preliminary investigation phase

Articles in Press

Document Type : Original Article

Authors

Master of Criminal Law and Criminology, Faculty of Law and Political Science, Shiraz University, Shiraz, Iran.

10.48300/jlr.2024.433354.2539

Abstract

The stage of preliminary investigation is one of the most important stages of criminal proceedings in the systems governing lawsuits. This stage is very important because the most important reasons for committing crimes will be studied during it, so the reasons studied in this stage can play a fundamental role in the fate of the case. First, by enumerating the types of legal systems governing the preliminary investigation stage, the author has tried to get a better understanding of the current system governing the preliminary investigation stage of the judicial system of the Islamic Republic of Iran. In the second step, the types of tangible and hidden enforcement guarantees in the laws, including criminal, disciplinary, civil penalties and invalidation of investigations in case of violation of defense rights, were analyzed, which is the result of reflection on the rules governing the proceedings of the judicial system of the Islamic Republic of Iran, except in some cases. Rare cases, including confessions under torture, led the author to the conclusion that the law makers, in case of violation of the defense rightsccused persons by the judicial and law enforcement authorities in the stages of investigation and preliminary investigations, only limited themselves to punishing the violators of the defense rights and paying less aed in the important and effective rule of nullifying the investigation, which of course, the reason for adopting the detailed approach can be expressed as the acceptance of the rules of the investigative procedure system in the stage of preliminary

Keywords

Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 09 January 2024

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