Reflections on the rules governing the detection of a crime from the perspective of the Code of Criminal Procedure and international instruments

The most important legal basis for finding the approach of any criminal justice system to the phenomenon of crime detection can be seen in its formal legislative criminal policy. Of course, apart from the Code of Criminal Procedure as a general rule, in some special laws, there are provisions to determine the process of criminal investigation, the sum of which can be considered the formal criminal policy of the penal system in relation to the criminal investigation process. Thus, the purpose of this study is to investigate the need to respect human rights and citizenship rights of individuals in the process of crime detection, such as the right to a lawyer, the right to remain silent and the prohibition of arbitrary detention.

The method of the present study is descriptive-analytical and library.

In order to carry out the crime detection process efficiently, it is necessary to observe various human rights considerations such as the right of silence of the accused, having a lawyer and the prohibition of arbitrary detention by judicial officers. In Articles 2 to 7 of the Code of Criminal Procedure, the Iranian criminal policymaker has explained the general rules in the criminal procedure process, including the crime detection stage, the most important of which are principles such as legality, equality of persons before the law, protection of the principle of innocence and Observance of individual citizenship rights pointed out. Therefore,