نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسنده English
In the course of criminal proceedings, both in the private and public realms of the offense, the individual facing charges assumes a pivotal role as the accused. It is imperative to not only acknowledge their culpability for violating the law but also uphold their rights to a fair defense. To uncover the truth, safeguard lost rights, and establish acquittal or delinquency, it is crucial for the accused to appear before the judicial authority. Among the primary concerns pertaining to defense rights, as outlined in Article 5 of the Criminal Procedure Law ratified in 2012, is the examination of the accused's statements and justifications. Failure to reach the accused following the commission of the crime will result in procedural loopholes, impeding a fair trial and complicating the pursuit of truth due to hesitancy in disclosing information. This may potentially lead to prolonged hearings, as highlighted in the judicial reform document's list of challenges, and result in the violation of the victim's rights, deprivation of the accused's rights, and the negation of the application of legal institutions and the principles of restorative justice. Fear or intimidation regarding the trial process, limited awareness of defense rights, doubts regarding the impartiality of judges, additional detentions, and arbitrary conduct by law enforcement officers during arrest and surveillance are among the significant factors contributing to the difficulty in accessing the accused. This article has been meticulously crafted using the descriptive analytical approach, incorporating an examination of pertinent legal sources, specialized publications, and criminal legislation of Iran. The primary objective is to delve into the existing legal void and explore the underlying factors contributing to the absence of the accused during investigations and legal proceedings. Moreover, this study endeavors to propose practical solutions for effective implementation.
کلیدواژهها English
