Situation of Lawyer at the Preliminary Investigation Phase in the Light of Developments of the Criminal Procedure Act 1392

Preliminary investigations are basis of criminal claim, because the outcome of the preliminary investigations is usually basis of the judgment of court. Therefore, the defendant's use of attorney, at this phase is more important than the others. The right in Iranian Criminal Law faced with certain restrictions. The defendant's use of attorney in the phase of investigations was more restrictive in the Criminal Procedure act 1378, but enactment of Criminal Procedure Act of 1392 made significant changes in this area (Note 2, Article 190). The defendant's attorney can take him, even at the phase of being considerated (Article 48). Furthermore, unlike the previous acts which prohibit the defendant of the right to have attorney has been implemented without any enforcement, In the current act, deprive of the right to use of attorney and not understanding this right to the accused, resulted respectively in the seven and three degree disciplinary punishment. (Note 1, Article 190). However, despite the progress, the new act is criticized about the defendant's right to use attorney. Not expect the defendant's right to have attorney at the phase of consideration, the Principle of being validity of researches even if the rights of the accused defense to use attorney is violated (Article 196), being selective attorneys by Judiciary (Note of Article 48) are examples of criticisms of the current act.