Journal of Criminal Law Research

Lawyer’s independency and defence right at legislative development

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):

https://doi.org/10.22054/jclr.2020.44597.1951
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

  •  

    • Basic Principles on the Role of Lawyers ; (1990) Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba.
    • European Convention on Human Rights (ECHR) (1953)
    • Geneva Convention relative to the treatment of prisoners of war (1949)
    • International Covenant on civil and political rights (ICCPR) (1966)
    • Mole, Nuala. Harby, Catharina. Le droit à un procès equitable. Un guide sur la mise en œuvre de l’article 6 de la Convention européenne des Droits de l’Homme (2003)
    • Universal Declaration of Human Rights (UDHR) (1948).

     

Journal of Criminal Law Research
Volume 9, Issue 34
Winter 2021
Pages 133-163

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