Volume 26, Issue 93 (spring 2021)
__Judicial Law Views __2012__, 26(__59__): __224193 |
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gholami pour Y, delir H. A Comparative study in guarantees of violating defendant's rights at Iranian and American law. دیدگاههای حقوقی 2021; 26 (93) :171-193
URL: http://jlviews2.ujsas.ac.ir/article-1-1768-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1768-en.html
1- Islamic Azad University, Rafsanjan Branch, Rafsanjan, Iran
2- Islamic Azad University, Rafsanjan Branch, Rafsanjan, Iran , hamiddelir97@gmail.com
2- Islamic Azad University, Rafsanjan Branch, Rafsanjan, Iran , hamiddelir97@gmail.com
Abstract: (793 Views)
One of measures taken in the investigations by the officers, is the monitoring of the accused. In American law, unlike Iranian law, which provides that a lawyer is only limited to one hour in certain offenses and the length of his or her stay is limited to one hour, the right to have a lawyer is considered without separation of offenses and charges. The accused Can remain silent until the presence of a lawyer and is not limited to a specific time. The Iranian legislator is silent about the principle of Understanding the charge, the guarantee of the exercise of this right and the reasons for its violation, the right to remain silent and that the accused may at any time invoke this right for terminating the interrogation. Therefore, in the case of violations of these rights, the legislator should limit the aforementioned measures to significant offenses like (Article 302) of the criminal procedure code. In American law, in addition to the requirement of Understanding the charge, declaring the right to remain silent and to have a lawyer, the civil and criminal law Guarantees and invalidity or rejection of the reasons for violating these rights, are envisaged.
Type of Study: Critical & Analisis |
Subject:
Criminal Law
Received: 2019/10/11 | Revised: 2022/12/26 | Accepted: 2021/10/02 | Published: 2021/06/05 | ePublished: 2021/06/05
Received: 2019/10/11 | Revised: 2022/12/26 | Accepted: 2021/10/02 | Published: 2021/06/05 | ePublished: 2021/06/05
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