The right to counsel in Iranian criminal justice system.

Criminal law deals with very important aspects of the life in the society. The subjects of the crime, health, reputation ... are so important that endangering them requires punishment and it is told that the society in order to protect the public order should punish the perpetrators. There is no dou...

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Published in:Crime, Law & Social Change Vol. 60; no. 3; pp. 287 - 296
Main Authors: Rahmdel, Mansour, Rahmdel, Naser
Format: Article
Published: Springer Nature Oct2013
Subjects:
Online Access:View this record in EBSCOhost
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      dt: Oct2013
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      pub: Springer Nature
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        10.1007/s10611-013-9444-z
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          Rahmdel, Mansour
          Rahmdel, Naser
        affil: Faculty of Law, Tehran Azad University, Central Branch, No 28, Neda Dead end, Pakneghad Boulvard Saadat Abad Iran 1998157384
      su:
        Iran
        Criminal law
        Sociological jurisprudence
        Criminal defense
        Criminal procedure
      sug:
        subj:
          Criminal law
          Sociological jurisprudence
          Criminal defense
          Criminal procedure
          Iran
      ab: Criminal law deals with very important aspects of the life in the society. The subjects of the crime, health, reputation ... are so important that endangering them requires punishment and it is told that the society in order to protect the public order should punish the perpetrators. There is no doubt that the criminals should be punished. The punishment enacted by the legislator should be proportional. The more serious the crime, the more severe the punishment. But, it seems that in the process of criminal trial, the accused has rights too. It means that society has not an absolute authority in accusation and punishment and in addition to the proportionality and justification of punishment the trial should be fair. In other words, it is not possible to speak about justice any more if the criminal is punished proportionally and rightly but not fairly, i.e. without allowing him/her to present his/her case, defend him/herself and obtain legal aid or sufficient information. Iranian criminal law, like other criminal justice systems in respecting the rights of the accused, has provided the right to counsel. This value can be expressed in the concept of the rule of law, recognized in international documents. It seems that the standards of the criminal procedure are mostly determined and developed under the influence of this concept. The current paper considers different aspects of the right to counsel in Iran.
      pubtype: Academic Journal
      doctype: Article
      src: R
    language: English
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