نوع مقاله : مقاله پژوهشی
نویسنده
استادیار، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Today, security is at the forefront of every legal system’s concerns. One of the most important aspects of security that ensures citizens’ comfort is the provision of judicial security. Judicial security refers to the safeguarding of the rights, property, dignity, and freedoms of all citizens. What are the proper mechanisms for achieving this and ensuring the judicial security of citizens, especially the accused? What steps have legal systems taken in this regard, and what legal measures have they established? Providing judicial security in light of the principles of a fair and equitable trial requires the presence of independent and impartial judges in judicial authorities and the observance of defense rights, such as the presumption of innocence, the right to counsel, and the right to understanding. Observance of the principle of acquittal and the presence of a lawyer in the criminal process—who, in addition to assisting the judge, contributes to the administration of justice—are key features of both the Iranian and French legal systems, as well as major focuses of international instruments, including the Universal Declaration of Human Rights (1948). According to the Iranian Criminal Procedure Code, no one should be summoned or prosecuted as a defendant without sufficient evidence to justify the charge. This provision upholds the principle of reasonableness and ensures judicial security, protecting citizens from arbitrary prosecution while allowing them to defend themselves with legal counsel if charged. Given the importance of legal representation in the criminal process, the presence of a lawyer at all stages is anticipated in both the Iranian and French legal systems. In this paper, using a descriptive-analytical research method, the role of defense rights—particularly the right of the accused to have a lawyer—in providing judicial security is examined.
کلیدواژهها [English]
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