The Sanction of Violation of Citizen’s Rights as a Represent of Accused’s Defense Rights, in Preliminary Investigations

The prosecutor's office according to the criteria of the" investigative procedure" In which preliminary research is secret and written and non-profit, Is responsible for gathering the evidence of the crime and completing the case and defending the interests of society. In addition, the prosecutor's office as a party to the public lawsuit, also has duties in relation to the observance of the fundamental rights and citizenship rights of the plaintiff and the accused and witnesses and  informed persons. The necessity of respecting the fundamental and citizenship rights of the accused requires determining the enforcement guarantee to prevent their violation. Something that has not been considered in the background of citizenship rights researchs. The main question is what guarantees are provided for the observance of the fundamental and citizenship rights of the accused, based on human rights standards in the constitutional and ordinary laws? This issue has been studied by descriptive theoretical and legal analysis in this article, and four types of sanctions have been identified for it. Sanctions provided in the Iranian judicial system for the protection and observance of the fundamental and citizenship rights of the accused by the judicial authorities and judicial officers are as follows: invalidity of decisions and actions that violate the fundamental and citizenship rights of the accused, the disciplinary actions supervising the restrictions and professional deprivations of the investigating authorities, Punishment for illegal actions and decisions that violate the defence and citizenship rights of the accused and civil liability for compensation to the accused, which are categorized and examined in separate headings in this article.