The Accused¡s Right to Benefit from the Assistance of Defending Attorney in the Preliminary Investigations Stage

An accusation enters the person accused into a process where special rights and obligations are applied. The Accused’s right to benefit from a fair trial, as worldwide recognized almost by all the international and regional Human Rights Attributions, on one hand; and the obligations applicable to such process, on the other hand, requires that all the officials in penal justice system withhold making any restricting decisions and provide the accused with all the necessary facilities to defend himself and prove his innocence or at least avoid a condemnation more than is deserved. Dismissing such rights and obligations is likely to generate injustice by the operations of Social Reaction institutions, especially the penal justice system in the line to serve (administer) justice. One of the rights that accused is entitled to in the process of hearing, is the right to benefit from assistance of defending attorney in all the hearing stages including the preliminary investigation, which constitute the basis and ground for criminal hearing. In this manuscript, we tried to review and analyze the approach of Iranian legislatives regarding the accused’s right to enjoy the assistance of defending attorney in the stage of preliminary investigation, relying on the standards of fair trial and significant Human Rights Attributions (Ascriptions).