Judicial Law Views Quarterly (Law Views)

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mohades M. Judicial Security in pre trial stage in iran criminal law and Judicial precedent. دیدگاه‌های حقوقی 2019; 24 (87) :207-242
URL: http://jlviews2.ujsas.ac.ir/article-1-1434-en.html

Judicial Security is the concept based on which the reputation, life, property and all material and intellectual rights of the Human Being are protected by law and keep guarded by the Judiciary Power. Creating such an environment means observing some criteria by which the legal protection goal, namely reaching legal justice, is realized. Securing justice protection for all and the equal protection of the people by law, is on the shoulder of the Judiciary Power. The main question which is put foreword and studied in this regards is that what rights are included in the pre trial stage and how Iran legal precedent treats in this regards? The findings of this study reveals that different elements and real manifestations are put on sharp focus in Iran criminal law at the pre trial stages including the steps for discovering crimes and preliminary investigations and among the most important legal protection elements in the initials stages of the investigations considered by the law maker are illegal detention ban, the rights and guarantees governing the accused summoning, the legal protection elements at the crime detection stage and the right for being notified of the accusation subject, the right for having attorney, the limitation on interim detention decree; specially in the civil procedural law approved in 2013. Among the legal precedents, although in a limited scope, some opinions can be seen in which lack of observing the legal protection criteria has been the causes for the interrogator disciplinary conviction at the Disciplinary High Court for Judges.