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The accused's silence realm in Iran's criminal procedure


Sayed Alireza Mousavi, Massoud Ghasemi

Abstract

The accused has the right to remain silent on the investigation of the crime, charges and evidence presented in the police force and to the investigating and prosecuting judges. His silence does not preclude the presence of the sentence, but the accused silence against the question of his identity can’t be justified, then executives obliged to recognize the identity of the accused. The mistake in identifying an accused person, due to his silence and condemnation, can be restored by hearing at the request of the head of the judiciary. The silence of the accused, in the presence of executives, because of his failure to introduce the attorney, is transgression of executives and is subject to the guarantee of execution, if due to a lack of understanding of the right to have an attorney, but the silence of introducing an attorney to the prosecutor's office, will discredit research. The silence of the accused in the presence of executives for the appointment of an attorney, does not in any crime, result in the appointment of a public defender, However, the silence of the accused in the presence of the judicial authorities, in the crimes punishable by deprivation of life or life imprisonment, leads to the appointment of a public defender and his absence prevents the formalization of the hearing.




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