Presenting the balance model of public security and defense rights under consideration in Iran's judicial system

Authors

1 PhD student, Department of Criminal Law and Criminology, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran.

2 Assistant Professor, Department of Law, Ahvaz Branch, Islamic Azad University, Ahvaz, Iran

3 Assistant Professor, Department of Criminal Law and Criminology, Abadan Branch, Islamic Azad University, Abadan, Iran.

10.22034/jgeoq.2024.136521.1467

Abstract

The Constitution of Iran also considers the provision of all-round rights of men and women and the creation of fair judicial security for everyone as one of the general duties of the government, and in the third chapter (the rights of the nation) by mentioning the manifestations of the fundamental right to security, it provides guarantees for revival and continuity. It has been stipulated. One of the most important branches of this right is the right of the accused to defend himself in rejecting the lawsuit or unjust accusations before the judicial authorities. In other words, the right to defense is the right by which a person can deny the criminal behavior or legal claims against him, which are attributed to him based on the complaints of individuals or by the competent police and judicial authorities, with all the legal possibilities and methods. to do In order to achieve a fair trial, we need to implement several principles and rules in the five stages of the procedure, i.e. crime detection, prosecution, preliminary investigation, trial and sentence execution. In the Constitution of the Islamic Republic of Iran, the protection of the right to litigate and defend citizens through competent justice, judicial independence and the responsibility of judges and the judicial system and criminal justice is guaranteed through the implementation of the principle of acquittal, legal prosecution and the principle of fair trial.

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