مقاله The right to counsel in Iranian criminal justice system : تی پی بین

خلاصه مقاله

Criminal law deals with very important aspects of the life in the society. The subjects of the crime, health, reputation … are so important that endangering them requires punishment and it is told that the society in order to protect the public order should punish the perpetrators. There is no doubt that the criminals should be punished. The punishment enacted by the legislator should be proportional. The more serious the crime, the more severe the punishment. But, it seems that in the process of criminal trial, the accused has rights too. It means that society has not an absolute authority in accusation and punishment and in addition to the proportionality and justification of punishment the trial should be fair. In other words, it is not possible to speak about justice any more if the criminal is punished proportionally and rightly but not fairly, i.e. without allowing him/her to present his/her case, defend him/herself and obtain legal aid or sufficient information. Iranian criminal law, like other criminal justice systems in respecting the rights of the accused, has provided the right to counsel. This value can be expressed in the concept of the rule of law, recognized in international documents. It seems that the standards of the criminal procedure are mostly determined and developed under the influence of this concept. The current paper considers different aspects of the right to counsel in Iran.

نویسندگان

Mansour Rahmdel [ Faculty of Law, Tehran Azad University, Central Branch, No 28, Neda Dead end, Pakneghad Boulvard, Saadat Abad, Tehran, Iran, 1998157384 ]

Naser Rahmdel [ Criminal Law and Criminology, Faculty of Law, Islamic Azad University of Tehran, Central Branch, Tehran, Iran ]

کلمات کلیدی

The right to counsel in Iranian criminal justice system

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مجموعه مقالات Crime, Law and Social Change 2013

Crime, Law and Social Change is a peer reviewed journal that publishes essays and reviews addressing the political economy of organized crime whether at the transnational, national, regional or local levels anywhere in the world. In addition, the Journal presents work on financial crime, political corruption, environmental crime, and the expropriation of resources from developing nations. The includes coverage of the broad area of Human Rights, including historical and contemporary studies of genocide; essays on compensation and justice for survivors of mass murder and state-sponsored terrorism; analyses of international human rights organizations (both governmental and NGOs); and historical as well as contemporary essays focused on gender, racial and ethnic equality.

حوزه های تحت پوشش : Criminology & Criminal Justice, Criminal Law, Political Science, general, Social Sciences, general