Measuring the feasibility of explaining the client's accusation to the lawyer in the preliminary investigation stage

Explaining the accusation and taking defenses from the accused are among the important issues that determine the fate of the continuation or termination of the preliminary investigation. The question that is raised in this regard is whether, according to the Criminal Procedure Law approved in 2012, it is possible to explain the charge of absenteeism and obtain initial defenses from the lawyer of the absent or fugitive accused? The findings of the research indicate that first; Addressing the accused's lawyer on a temporary basis and until the accused's arrival or presence to hear the first defense is not allowed or prohibited by law, like hearing the last defense of the lawyer from the client. Secondly; There is no fundamental difference between hearing the first defense and the last defense of the accused, and both types of defense can be taken at the same time, therefore, the lawyer has the right to present defenses at both stages. Thirdly; Despite the fact that the addressee of the "Final Accusation Explanation" and the criminal bail order complains about it, but according to the spirit of Articles 3 and 94 of the Criminal Procedure Law approved in 2012, with the aim of reducing the delay of the proceedings and the speed in conducting preliminary investigations, regarding " The client should create a procedure to explain the temporary charge to the lawyer to take the initial defense and determine the fate of the criminal case, and this is not inconsistent with the provisions of Article 178 and Articles 190 to 199, 262 and 263 of the Criminal Procedure Law. This research examines the subject in a descriptive and analytical way.