The position of citizenship rights and national security in the Iranian legal system; A look at the defendant's defense rights

Abstract

Surveillance refers to a stage of the criminal trial process in which the accused is accused of committing a crime in the custody of judicial officers. The defense rights of the accused under the supervision of the Iranian Constitution consider ensuring the comprehensive rights of individuals, including men and women, and creating fair judicial security for all to be general duties of the state, and in the third chapter of the Rights of the Nation, by mentioning manifestations of the fundamental right, it has provided security guarantees for its restoration and continuation. One of the most important branches of this right is the right of the accused to defend himself in rejecting unjust claims or accusations before the judicial authorities. The right to defense refers to the totality of legal and judicial guarantees throughout a criminal trial with the aim of making a fair decision and free from judicial errors. The research method in this study is descriptive-analytical, relying on library sources, and it has been examined in an argumentative manner and with due regard to the limits of covering the defense rights of the person under surveillance in the Iranian trial system. The Iranian legislator has not provided a definition of the surveillance stage, but has merely determined a fixed period, which is 24 hours, for all crimes. Judicial officers are required to explain to the accused the defendant's defense rights, namely the right to be informed of the subject of the accusation and the evidence, the right to inform relatives, and the right to request a medical examination. In crimes against the internal and external security of the country and organized crimes with penalties specified in the law, the right to be accompanied by a lawyer for the accused has not been recognized.