Comparative Study of Guaranteeing the Implementation of Defense Rights in the Preliminary Investigation Stage

Human dignity, as the supreme divine gift, demands more and more respect and observance of the rights of individuals in the living world today. Reflection on the latest law in the field of criminal procedure in comparison with the previous drafting laws shows the tendency of the criminal legislator to observe the defense rights of the suspects and the accused as much as possible and in the stages under preliminary investigation.The Code of Criminal Procedure adopted in 1392, enumerating the rights of the accused, the right to inform the accused, the right to declare the rights of the accused, the right to have a lawyer, the right to study and access the case, the right to inform the family, the right to medical examination and the right to remain silent. It has taken a big step towards justice. In the meantime, the lack of guarantees for proper performances, such as the invalidity of the preliminary investigation on the assumption of non-compliance with the defense rights of the accused by law enforcement and judicial authorities, has made it impossible to consider Iranian protectionist laws as defendant of the accused. The author, by first enumerating the types of defense rights contained in the Code of Criminal Procedure adopted in 1392 and comparing these rights with the protection laws of countries such as the United States and Britain, seeks to reveal the protection laws intended for the accused in the preliminary investigation stage and Finally, the policy on the extremely important issue of guaranteeing the implementation of the defense rights of the master in the law is examined.