The Crystallization of Civil Rights in the Criminal Justice Process

The civil Right in the process of Criminal Justice is known as a fundamental and unavoidable principle, for this reason, all people who are involved in the process of criminal justice, expect a fair and just trial in comparison with other citizens who own the same rights and their rights have to be properly secured and not to have any permission over the violation of their civil rights, privacy and legitimate freedoms. For this purpose, in addition to the Constitution, the legislator has emphasized a need for observing the Civil Rights and defined an enforcement guarantee for its violation. In the meantime, the role of procedural laws is of great importance in the expression of Civil Rights and observation of social and personal rights of people and also its conflict and contrast with the mentioned right. Our Criminal Procedure Codes, following the Islamic teachings and focusing on the article related to the respecting of the legitimate freedoms and maintaining the Civil Rights, is in line with International conventions and documents that have been established in this regard; so, it can be safely said that this law can be mentioned among the advanced rules of criminal procedure considered in the process of civil rights. This paper by reviewing the ordinary and fundamental rights in Iran’s Laws by using the library research method and in addition to mentioning the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, studies and emphasizes the Criminal Procedure Code.