نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
Much has been said and written about the defense rights of the accused. However, there are still many obstacles and challenges in the process of criminal proceedings, especially in the implementation phase of these rights, which the accused faces in practice. Based on this, the purpose of this article is to examine the question of what are the challenges of implementation and guaranteeing the implementation of the defense rights of the accused in the face of the bailiffs. This article is descriptive and analytical and has investigated the mentioned question by using the library method. The findings showed the density of cases, the lack of judges, the plurality and diversity and confusion of laws, the lack of office space and rented buildings, the defendant's lack of respect for his defense rights, limiting the lawyer's intervention in the form of “no access to the case”, the influence of some officers. Especially in making decisions and appointments of judicial authorities, predicting financial benefits in the form of “the right to discover crimes” for law enforcement officers and the attitude of some high judicial authorities to the quantity and statistics of cases, which may sacrifice accuracy and quality to statism, can harm rights and freedom. The legitimate rights of innocent people will face serious risks and challenges. In addition to these defects, the lack of training or insufficient training of the officers and the lack of supervision of their performance are clear examples of the challenges that the accused faces in the practical and executive process of criminal proceedings.
کلیدواژهها English