COMPARAÇÃO DOS DIREITOS DOS SUJEITOS DO MANDADO DE DETENÇÃO E PERSONAS CONDENADAS EM DIREITO IRANIANO E DOCUMENTOS INTERNACIONAIS

Abstract

Abstract: The purpose of the present study was to investigate the rights of arrest warrant subjects and condemned personas in the Iranian criminal law system and International related documents. In terms of methods, it is considered as a descriptive study with its required research data being collected through library studies. In the latest amendments to the Iranian criminal procedure, a special attention has been paid to the rights of arrest warrant subjects and condemned personas with certain innovations that can be seen in this context. In the very first primary articles of the law, both while defining the criminal procedure code and while explaining important issues such as the impartiality and independence of judicial authorities, the principle of legality of the criminal procedure, presumption of innocence, the necessity of briefing the accused on the alleged crime(s), the right to a lawyer, adherence to the citizenship rights envisaged in the law of respecting legitimate freedoms and preservation of citizenship rights, we are facing a new and yet positive view on the affair of proceeding and stressing out the rights of the defendants. Nevertheless, in International documents also various international regulations including the universal declaration of human rights have made certain considerations regarding the guaranteeing of individuals' rights in criminal procedures; some of the main guarantees of these rights include: the right of being briefed on the alleged crime in the shortest of times, the right to be presumed innocent, the right to have an attorney, the right to be trialed fairly, the right to be trialed in the presence of an impartial jury, the right to be trialed in-person and etc.

Keywords: the rights of arrest warrant subjects, rights of condemned persona, detention, Iranian criminal law, International documents