The Role and Duties of Law Enforcement Officials Regarding the Right of Access to a Lawyer (From the Perspective of the International Documents and Domestic Laws)
Enacting the code of criminal procedure in February, 2014, the legislator, for the first time, allows the accused to have access to a lawyer in the preliminary police investigations corresponding to and in line with the United Nation’s principles and international standards. But, with a study of the articles 6, 48 and 52 of the Issued Notices, forming the basis of such a right in favor of the accused, quite contrarily, we are faced with an undue silence as well as a great many of legal barriers and limitations in this regard. Furthermore, the shortcomings of the procedures codification, the lack of adopting appropriate and necessary sequence of instructions for the exertion and implementation of the aforementioned law is clearly visible. The pitfalls and the limitations mentioned above can also be observed regarding informing the public of the Right of Access to a Lawyer, the facilitation of the affairs and the related preps pertaining to the legal assistances, inspection and supervisory mechanisms concerning easing the access to legal aids, teaching police officers regarding such a right, the advent of limitations and barriers in legal counseling and so forth. The result is that although the legal aids providers play a very important role in preparing quick access to legal assistances such a right cannot take effect without effective cooperation, arrangement of procedures, adoption of appropriate instructions and methods sought by the police as the general law enforcement body as well as teaching the police officers in connection to such a right, its importance and the significance of the relevant rules and procedures.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.