Abstract
<p>The culprit is one of the fixed parties in penal judgments and because he is to be stood before the social rights with the support of the prosecutor he enjoys a vulnerable judicial standpoint. The person being charged with a crime or an offence faces the judicial system in the preliminary investigation stage, in other words, pretrial stage. In this stage the culprit, due to the fact that has not been convicted to any crime, he has to undergo interrogation and investigation based on the acquittal principle and preservation of the human prestige and credit. Interrogating the culprit is the main axiom of the pretrial period and it is possible that the culprits be exposed to torture and inhumane behaviors as a result of their rights being ignored and their human dignity being refused by the interrogating bodies. Therefore, the accused person should be enjoying the rights and liberties under the shade of the fair judgment. On the other hand, fair judgment is not intended solely for safeguarding the accused person’s defense rights, rather a just proceeding in its exact meaning is seeking to serve the preservation and supporting the rights and the liberties of all of the individuals who somehow share the legal procedure process. Observing a fair procedure should not be taken as to mean leniency for any single one person, rather observing such principles in the proceedings causes the humanity aspect of the parties not to be underestimated and justice and fairness can be implemented and served regarding their rights.</p>In the present article because it is carried out in humanities realm we have tried to make use of an analytical-descriptive method through the use of the international charter of human rights and requirements and the constitutional laws in Iran and this is while the accused individual rights in the pretrial period has also been enumerated and elucidated on and then we deal with the survey of the Iran’s judicial system and the international charter of human rights regarding the methods of keeping a hold onto such rules and regulations and consequently we will figure that in both of the described systems it has been frequently emphasized on observing the accused person’s rights in the majority of the cases in this period and there has been criminal enforcement mandates for it.
Highlights
The person being charged with a crime or an offence faces the judicial system in the preliminary investigation stage, in other words, pretrial stage
Interrogating the culprit is the main axiom of the pretrial period and it is possible that the culprits be exposed to torture and inhumane behaviors as a result of their rights being ignored and their human dignity being refused by the interrogating bodies
Accusation is a very complex stage; since it is expected from a person or a group to undertake to perform an offence or crime in which the others’ rights can be wasted, so, from the one hand, preserving the human rights make it compulsory to determine that a crime or an offence has been taken place and a right has been wasted there is a need for the culprit to be punished and to compensate for the wasted rights, and, on the other hand, the process of inquiring an accusation does not cause abusing the culprit’s rights and liberties, inquisition of his privacy, his or her suspicion or mistrust and revealing of his secrets
Summary
Accusation is a very complex stage; since it is expected from a person or a group to undertake to perform an offence or crime in which the others’ rights can be wasted, so, from the one hand, preserving the human rights make it compulsory to determine that a crime or an offence has been taken place and a right has been wasted there is a need for the culprit to be punished and to compensate for the wasted rights, and, on the other hand, the process of inquiring an accusation does not cause abusing the culprit’s rights and liberties, inquisition of his privacy, his or her suspicion or mistrust and revealing of his secrets. The subject’s complexity doubles when the investigation and the survey of the documents and evidences lead to the acquittal of the culprit and his or her innocence is proved. This is the first challenge that is faced with in the process of investigating an accusation which causes the prosecutors’ fuss to be aroused. According to the new penal law rules and regulations and the international charter of human rights, the current study deals with the objective of the survey of Iranian law system approach and the international charter of human rights regarding the method of observing the culprit’s rights and its punishment enforcement mandates in the pretrial investigation period. The study methodology of the current research is based on a descriptive-analytical method through making use of library means and the related topics and ideas have been studied and extracted from the relevant books and the internal laws and human rights documents
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