The position of the accused's citizenship rights in the criminal investigation process

The criminal investigation process related to the citizen's rights in the criminal justice system has important dimensions, components and indicators, which are necessary and necessary for the defendants to comply with, and it is appropriate for criminal investigation experts to have special knowledge and attention to it. Therefore, the current research has been carried out with the aim of explaining the position of citizenship rights in the criminal investigation process.

In terms of purpose, the research is practical, and in terms of the nature of the data and the method of implementation, it is qualitative and exploratory. The method of analyzing related scientific documents and laws has been used for data analysis. For this purpose, relevant legal provisions such as international laws, the Constitution of the Islamic Republic of Iran, the Islamic Penal Code approved in 2013, the Criminal Procedure Law approved in 2013, the single article of the Law on Respecting Legitimate Freedoms and Protecting Citizen Rights approved in 2004 and other domestic and foreign laws that They were selected purposefully and in the third time of the study, theoretical and thematic saturation was reached and 7 experts approved, and MAXQDA software was used for qualitative content analysis.

159 basic themes have been extracted, which include 30 organizing themes and 3 inclusive themes, including laws and citizenship rights related to the defendants in the criminalization process in three processes: 1-Crime detection (prohibition of eavesdropping and control of telecommunication communications - inspection and inspection of the homes and workplaces of the accused - search and inspection of the homes and workplaces of some government officials), 2- preliminary investigations (feeling of the safety of the accused during interrogation - the investigation must not be delayed - compliance with the regulations of the investigation of the accused - avoiding torture during interrogations - avoiding discrimination between litigants - speeding up the processing of cases - Lawful interrogation, 3- Persecution of the accused (the right to compensation for the accused's losses and damages - The right of the accused to benefit from the principle of acquittal - The principle of prohibiting the arrest and detention of people - Prohibiting the arrest of the accused for more than 24 hours - Notifying the reasons for the arrest - Notifying the family - period Under its review and extension, the right to explain the accusation, the right to object the accused, the right to remain silent, the right to a medical examination, the right to have an interpreter, the right to be interrogated without torture, the absolute prohibition of torture, the observance of the principle of innocence, the right to have a lawyer, and the right to be interrogated under legal conditions.