The Criminal Justice Guidelines Act is for the Benefit of the Accused
The Criminal Justice Guidelines Act is for the...
According to ISNA, with regards to the Act, Soleimani-Rad said: “Criminal Justice law is one of the most important pivotal laws of any country through which the main part of keeping the general criminal order and criminal justice is undertaken.”
Pointing out the benefits of the new law in comparison to its predecessor said: “we must not deny the fact that the new law is more complete and comprehensive than the previous law, and the new law tries to be in step with the society’s developments and present conditions and be more observant of the Citizen’s Rights. In such way that it can be said that overall the new law tries to fulfill a criminal justice system that is fair to all those who in a way get involved in the process: both plaintiff and the accused. For example with regards to the accused the tendency of the law is towards the annotation principle is in favour of the accused and the observation of Citizen’s Rights.”
Soleimani-Rad said: “one of the advantages of the new law compared to the previous one with regards to each court and their competence distinction has been mentioned.”
In relation to the status of lawyers in the new law he said: “the status of the lawyer in society has been noted in a more professional way and towards the implementation of Citizen’s Rights, and in proportion with judicial changes and developments and approximately in step with international laws and principles; for example article 5 of the law states that the accused must be informed of the charges and enjoy the right to a lawyer and other defence related things within this law.”
This lawyer said: “the most important thing which apparently is one of the new subjects is article 190 of this law which states in the initial investigation of the accused, he or she can have one lawyer present, and this right must be given to the accused by the inspector before the investigation, and if the accused is summoned to court, this right must be stated in the summons.”
Soleimani-Rad also said: “according to article 371 of this law that in the event that the plaintiff raises a new subject before the conclusion of the trial, the court will hear it and the prosecutor or his representative will also give their opinions and it is here that the court has been obligated to allow the accused to present his or her last defence, and any time that the accused or his or her lawyer states something that will help discover the truth, the court has the duty to investigate it.”