The rights of the under surveillance accused and its impact on the citizens’ social security

The legislator of the Islamic Republic of Iran has also considered these important developments from among the regulations regarding the defense rights of the accused; and paying attention  to and supporting the accused from the very beginning of the criminal process (crime detection) has been taken into consideration by the legislator. Being influenced by international paradigm of fair trial and using comparative studies by adopting new approaches from the investigative procedure system, the law of criminal procedure has moved away from the preliminary investigation stage. Maintaining security and respecting citizens’ rights followed by meeting the basic human needs is of primary importance.

Given the nature of the subject and the intended goals, the present research is of qualitative type and descriptive and analytical in terms of method and is based on explanation, expression, description and reasoning based on the materials extracted from the sources.

It will not be possible to establish criminal justice unless one holds a fair trial based on providing the right to petition and defense for the accused; because disregarding the defense rights of the accused and not respecting them may lead to the guilt of the innocent and the freedom of the criminal persons. That is to say, the measures taken to restore the disturbance in the public order and security and prevent the violation of the rights of the members of the society, have adverse consequences and lead to disturbance of order and violation of citizens’ rights.

Protecting the rights of the accused in the under-review period in the criminal system and social rights are closely related to each order, because the protection of these rights is aimed to preserve the dignity, personality and social position of the accused in the law and society and prevent the destruction of the personality and high human status of people, and finally brings about social security for the citizens.