Transformations of the Right of Defendant to Have an Attorney in the Under Supervision Stage in France and Iranian Law

The purpose and direction of the criminal procedure code in recent years and under influence of “pattern of fair trial” has been changed. These developments almost relating to the under supervision stage (Garde-a-vue) which in that stage, suspect is placed in the detention of bailiff (the police). Because of further probability of violating of accused’s right in appeal stage by the responsible institutions for security, applicable regulations on this stage, in favor of accused persons have been predicted frequent changes. Hence, due to expansion of the accused rights at this stage, a person could appeal as integral part of criminal process. In the meantime, right to have an attorney could be considered as the most prominent accused rights in the detention period which in that time accused is under observation of the bailiff. In this paper, we examine the changes in the right to have an attorney in appeal stage in Iranian and France laws.