Research and development in criminal law and criminology

Research and development in criminal law and criminology

Limitation of the defendant's defense rights in criminal prosecution and proceedings in Iran and international documents

Articles in Press

Document Type : Original Article

Authors
ali stord 1
karam janipour 2
ali janipour 2
1 Department of Law, Faculty of Law, Theology and Political Science, Islamic Azad University of Yasuj, Yasuj, Iran
2 Assistant Professor, Department of Criminal Law and Criminology, Law Department, Faculty of Law, Theology and Political Science, Islamic Azad University of Yasuj, Yasuj, Iran
10.22034/jclc.2026.2077865.1286
Abstract
Abstract:

Observance of the principle of equality of arms is directly linked to the protection of the defendant’s right to defense. Any disregard for these defense rights may undermine this principle. In other words, safeguarding the rights of the defense ensures the establishment of balance and equality between the parties to the proceedings. The prosecution of offenders is intended to secure public safety and order; however, this process must be conducted within the framework of justice and fairness, since a trial is valid only when all the rights and freedoms of the defendant are duly respected. The defendant's defense rights are considered to be one of the fundamental pillars of a fair trial and guarantee a balance between the authority of the government in prosecuting a crime and the protection of individual freedoms. The basis of these rights in the Iranian legal system is seen in the principles of the Constitution and the articles of the Criminal Procedure Code, especially Article 190 thereof, and has also been emphasized in international documents such as the 1966 Covenant on Civil and Political Rights. Observing these rights not only prevents the possible violation of individual freedoms but also promotes public confidence in the criminal justice system. The duty of the legislator in any society is to provide natural, social, economic, political and legal facilities and arrangements equally for all individuals; so that it can be said that there is no discrimination between individuals. In this regard, granting the defendant's defense rights can guarantee and ensure equality of rights for the parties to a criminal case. The issue of the principle of equality of arms is an issue that has a special appearance in criminal procedure and against the accused, so that the existence of such a principle causes the accused to face less restrictions against the prosecutor, who has all the legal means to file charges and impose them on the accused; therefore, the legislator and the courts must provide the necessary measures to observe the rights of the accused and prevent their restriction, and provide the necessary facilities to the accused so that he can be acquitted of unjust accusations if he is innocent. The results of the research showed that the defendant's defense rights are one of the most important human rights issues and serious attention has been paid to it in numerous human rights documents; so that the restriction of the defendant's defense rights is considered to be faced with guarantees of execution; an issue that has been neglected to some extent in the Criminal Procedure Code of 1392 in order to reduce the restriction of the defendant's defense rights. The present study was written using a descriptive-analytical method and using library and documentary resources.

Keywords:

Defendant, right to defense, fair trial, restriction of rights
Keywords
Accused
right to defense
fair trial
limitation of rights

Subjects

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Research and development in criminal law and criminology

Articles in Press, Accepted Manuscript
Available Online from 01 April 2026