خلاصة:
A defense attorney is a person who, in civil or criminal litigation, is responsible for defending or advancing the case on behalf of one of the litigants in court; the importance of having a lawyer for the administration of justice is such that today one of the main criteria for measuring the justice of the judicial system in societies is the right of defense, the right to counsel, and the freedom and independence of lawyers in performing their professional duties, because true justice is not realized unless the litigants and their lawyers can freely express their statements and defenses without any fear or apprehension, and the judge can also make the necessary decisions with full independence. The right to counsel and the signing of a power of attorney, which rational people deem necessary, has also been accepted by the Holy Legislator in Islam, just like other signed contracts. This right is accepted as one of the most fundamental rights of the parties to a lawsuit under Article 35 of the Constitution of the Islamic Republic of Iran. According to the resolution dated 1369/10/11 of the Expediency Discernment Council, litigants have the right to choose a lawyer, and all courts established according to the law are obliged to accept a lawyer; the stability of the Common Law legal system, which is based on custom, is the result of trust in fair judges who are selected from among lawyers who have proven their virtue, merit, and knowledge over many years, and who have practiced and become experienced in the art of advocacy and judicial action through specific formalities and great hardships to prove their competence in this responsible profession. Given the enforceability of the European Convention on Human Rights in the European region and the accession of England to it, the right of access to a lawyer has been accepted as a fundamental right.
ملخص الجهاز:
PhD in Public Law Abstract A defense counsel is a person who, in civil or criminal cases, is responsible for defending or advancing the case on behalf of one of the litigants in court; the importance of having counsel for the implementation of justice is such that today one of the most fundamental criteria for measuring the justice of the judicial system in societies is the right to defense, the right to counsel, and the freedom and independence of lawyers in performing their professional duties.
According to the resolution dated 1369/10/11 of the Expediency Discernment Council, litigants have the right to choose counsel, and all courts established according to the law are obliged to accept counsel; the stability of the Common Law legal system, which is based on custom, is the result of trust in fair judges who are selected from among lawyers who have for many years passed tests of virtue, proven their competence and knowledge, and have become experienced and seasoned in the art of advocacy and judicial practice through special formalities and great hardships to prove their competence in this responsible profession.
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