Legal Requirements for Advocacy in Criminal Cases

Under Principles 34 and 35 of I. R. Iran Constitution «Litigation is the vested right of any person and each person may resort to proper courts for litigation» and All Parties to a suit are entitled to appoint attorney for themselves before all courts«، however، legal requirements of advocacy shall be looked for in ordinary rules and regulations. For example، appointment and introduction of the attorney and his/her reference to the judicial authorities shall be subject to special formalities. One of which; namely، payment of tax stamp fees and insertion of the stamp on the power of attorney instrument، is the first requirement for recognition of advocacy before the courts. Hence، recognition of all kinds of attorneys and particulars of attorney at law، method for fixation of the attorneyship fee in any kind of claim in any hearing stage، determination of tax stamp fee which he/she should pay and affix on his/her power of attorney، reaction of judicial authorities in case of lack or deficiency of tax stamp and its sanction are so important for each judicial authority. However، bylaw for fixing attorneys'' fee approved in 2006 by Head of Judiciary has some basic problems and ambiguities with this respect. Regarding the current precedent in Administrative Justice Court in not annulling his approvals، the author attempts to mention unsaid matters in order to solve the problems and amend mentioned bylaw through logical interpretation of related legal regulations.