Realization of Accused Rights by Judicial Policemen, Focused on Criminal Procedure Act Adopted in 1392

Document Type : Research Paper

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Abstract

Achieving fair trial is required for the realization of accused rights by judicial policemen so that with regard to "equality of arms" between the prosecution and the accused about legal and judicial information, the accused must be informed of his rights and thereby the use of “ defense rights "to be provided for him. The new Criminal Procedure Act, adopted in 1392, compared with the previous law, has been accompanied by new developments in this respect. Articles 6 and 52 of the new law requiring clarification as to the defendant's rights such as the right to counsel. However, the provisions of this Act for achieving a fair trial are not sufficient because they do not include some of the important rights such as right to remain silent, no formulation of precise mechanisms for supervision on realization of accused rights, no imposing of precise and appropriate sanctions for probable infractions of formal authorities. This article includes suggestions for reform to improve the realization of accused rights by judicial policemen in the new Code of Criminal Procedure filed in order to achieve a fair trial.

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