Document Type : Research Paper

Authors

• Nader Divsalar ¹
• ali najafi tavana ²

¹ PhD Student in Criminal Law and Criminology, Faculty of Law, Central Islamic University, Tehran, Iran.

² Assistant Professor of Criminal Law and Criminology, School of Law, Central Islamic University of Iran, Tehran (Corresponding Author):

Abstract

In the present age by Getting more complicated of human and social intercommunications the more needs to present of lawyers to make balance at justice, lawyers activities have so many benefits such as transparency in the proceeding and avoid mistakes. A lawyer should have competent skills beside of independency and safety in their profession. Unfortunately lawyers have confronted many obstacles which constrain their independency and safety during and after the defense and these issue changes the advocacy rights of accused person. These obstacles such as note of article 48 of the code of criminal procedure have caused guild discrimination in addition of deprivation of accused person from having a competent lawyer. Also issuing lawyer’s license by judiciary bar which is a dependent organization to the judiciary, not only didn’t make the situation better but the move was backward which caused weakening of independent bar association. Practical analysis also shows that these issues have caused separation between advocacy and judiciary organizations and the solution is the concentrate of judiciary on courts affairs not interference at advocacy affairs.

Keywords

• the right to defend
• the need for a lawyer
• independency of advocacy organization
• discreminatuon between lawyes