Defendant's Rights in Security Crimes (Terrorism) in Iranian Law and International Documents

Defendant's rights are one of the issues related to human rights. The feeling of insecurity caused by the developments of the first decade of the third millennium in the world was the beginning of the adoption of strict and repressive unprecedented measures, which were realized in a slogan of fighting crime and a calling for security. In fact, in recent times, criminal law orientations have been increasingly influenced by theories of criminology, to the extent that today the question of the formation of security-oriented criminal law is raised. Criminological security theories, including the theory of denial of tolerance or zero tolerance, have influenced the thinking of criminal justice system agents so much that their advancement has sometimes extended to the realm of civil rights and some manifestations of human rights. The right to security, as one of the manifestations of human rights demanded by citizens, obliges governments to ensure the security of life, property and dignity of citizens. But this has sometimes posed theoretical and legal challenges in the areas of individual and social security. Therefore, in this article, emphasizing the undeniable importance of criminal procedure standards and protection of individual rights and freedoms and by examining the judicial and legislative procedure of some countries (international documents) including Iran, the consequences of the sovereignty of the security-oriented approach to criminal (formal) law has been explored by outlining the various stages of the criminal procedure. The findings show that what seems necessary is granting certain rights to the defendant, with the help of which a balance can be established between the two scales – although it may be a relative balance.