Abstract
<p><span lang="EN-US">The preliminary investigation to determine the fate of the victims and the defendants ' judicial rights of the victims and the criminal justice is of special importance. The preliminary investigation of the center of gravity of the interrogation of suspects. Considering the necessity of supporting the principle of presumed innocence and preserve human dignity in the hearing process, the main lines of the meanwhile defensive rights defendants at the stage of preliminary investigation determined. Examples of the rights of the defense and legal formalities and job maker Iran and Turkey in the interrogation system varied. However, what is the condition for this is that a fair hearing in accordance with the principles of this extension should be anticipated and mandated. The legal rights of the accused is guaranteed set in the level of national, regional or international, and with the aim of adopting a decision in a fair and judicial errors than to keep away from people who are offence, in order to be exposed to. Including these rights can be charge with its reasons, the right to have a lawyer, the right to silence, a prohibition of delay and procrastination in charge after arrest or summons, the right note, the right to health in statements against torture questioned. Meanwhile, In the system of criminal procedure if what legislator to some of the aforementioned rights in its rules on match point but the hearing system in Turkey, including in particular anticipating the unconditional right to have a lawyer, the right to prohibit the delay in charges and the right to an annulment of the flawed investigation and classified problems. Obviously fix the defects and its assignment to investigation compliance under the law is just and fair hearing flow will be extremely helpful.</span></p>
Highlights
The right to defense of the accused is the most sacred of human rights that guarantees the rights and freedoms of the individual
When an individual is exposed to the charge? Investigation on the charge due to the steps of his individual rights may be limited or stripping and to avoid undue violate the human rights and legal rights and keep him, and outlines the basic rights of the accused in legal texts necessary and essential practice
The stage of the preliminary investigation of the most elementary steps facing the defendant with criminal justice and criminal procedure the first stone monument which is the role of the main players of judicial enforcers
Summary
The right to defense of the accused is the most sacred of human rights that guarantees the rights and freedoms of the individual. Charged interest on the side of the necessity of preserving the interests of the community, for the purpose of criminal law is important, link the interests of the defense of society without being dependent on ignoring the rights of the accused and the provisions of the code of criminal procedure are to disposition of the offender be able to escape from the clutches of Justice, or that the past caught up to innocence makes punishment unjustly (Akhoondi; 2001)
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