University of Guilan (with the participation of the Iranian Association of Penal Law) Criminal Law Research 2322-2328 10 1 2019 06 01 The Foundations and Position of Attorneyship of Accused in the International Instruments and Iranian Criminal Justice System The Foundations and Position of Attorneyship of Accused in the International Instruments and Iranian Criminal Justice System 165 188 3492 10.22124/jol.2019.8321.1377 FA Morteza Arefi Ph.D of Criminal law and Criminology, Tarbiat Modares University Jalil Omidi Professor in Law, Faculty of Theology and Islamic Studies, University of Tehran Journal Article 1970 01 01 Criminal procedure is a system that ensures the accused's rights. One of the norms of this system is accused's access to an attorney. The importance of this norm is so great that international instruments and domestic laws, identifying this right, have expressed necessity of attorney presence in favour of the defendant in some cases. This article seeks to answer two questions: What is the foundations attorneyship of accused? How much do the international documents and Iranian criminal justice makers pay attention to these bases?<br />The findings of this research illustrate that human right foundations, criminal policy strategies and criminology doctrines justify access to a lawyer in favour of accused. In recent year's positive change have occurred in the approach of the Iranian criminal justice system to the right of accused to have a lawyer. However, limitative provisions such as 48 article of Criminal Procedure Law and failure to provide a guarantee of the violation of the right are the things that can be criticized. Criminal procedure is a system that ensures the accused's rights. One of the norms of this system is accused's access to an attorney. The importance of this norm is so great that international instruments and domestic laws, identifying this right, have expressed necessity of attorney presence in favour of the defendant in some cases. This article seeks to answer two questions: What is the foundations attorneyship of accused? How much do the international documents and Iranian criminal justice makers pay attention to these bases?<br />The findings of this research illustrate that human right foundations, criminal policy strategies and criminology doctrines justify access to a lawyer in favour of accused. In recent year's positive change have occurred in the approach of the Iranian criminal justice system to the right of accused to have a lawyer. However, limitative provisions such as 48 article of Criminal Procedure Law and failure to provide a guarantee of the violation of the right are the things that can be criticized. https://jol.guilan.ac.ir/article_3492_3df84ff1a70e8dc711ca7b6c59349643.pdf