Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Analysis of Addiction from The Perspective of Citizenship Rights with A View to The Principles and Rules of Fair Trial

Document Type : Original Article

Authors
1 Instructor, Department of Law, Payame Noor University, Tehran, Iran. (Corresponding Author)
2 Instructor, Department of Law, Payame Noor University, Tehran, Iran.
10.22034/jccj.2023.422333.1416
Abstract
Although all citizens are considered equal in terms of criminal law, progressive criminal policies, due to vulnerability, draw up substantive and substantive differential measures. Prediction of the rules concerning differential juvenile and juvenile prosecution is one such example. Drug-addicts, who are among the notorious strata in a society, will face serious challenges in terms of the specific physical and mental condition they suffer from, in the face of police and judicial authorities, in the absence of differential criminal policies. In a normal situation, and in the case of ordinary citizens, the right to be informed and disclosed, the right to remain silent, the right to have a lawyer, and so on are among the rights of defense and citizenship. But when we are faced with an addicted defendant in a hangover state, the expectation of the defendant's attention to their defense rights and their use does not seem to be a proper expectation with regard to the mental, physical and social realities of such persons. Foreseeing the necessity of starting an investigation with the presence of a lawyer, medical examination, the withdrawal of the addicted defendant from a hangover by prescribing the necessary medications and other guarantees of due process will be properly respected.
Keywords

Volume 1, Issue 5
Winter 2022
Pages 63-73

  • Receive Date 15 October 2021
  • Revise Date 01 January 2022
  • Accept Date 10 January 2022
  • Publish Date 20 February 2022