چکیده:
The various stages of handling criminal matters, including the stage of discovering the crime and pursuing criminals, the investigation and gathering of evidence stage, and finally the stage of issuing a verdict, each have their own characteristics that must be specifically discussed and examined. In the investigation stage, one of the most central discussions is the interrogation of the accused. Although, in the general sense, interrogation includes all stages of preliminary investigations, in the specific sense that we are considering, it includes the stage of questioning the accused or, more precisely, interrogating them. This right is relevant both in connection with the principle of interrogation and in the quality of interrogation. In the first discussion, the credibility of circumstantial and conclusive evidence obtained through coercion of the accused is examined, as well as the necessity of the right to silence and its impact on proving the crime. Then, in the second discussion, regarding the quality of interrogation, the importance of informing the accused of the charges and obtaining their final defense is emphasized, along with prohibiting the suggestion of answers and surprising the accused. Therefore, more effort has been made to present practical examples of each of the rights of the accused and also to examine the practice of some legal systems (Romano-Germanic and Common Law) to provide a suitable guide for criminal interrogation.
خلاصه ماشینی:
Keywords: Criminal Interrogation – Value of Confession Obtained by Coercion – Circumstantial and Conclusive Evidence – Right to Silence – Informing of Charges – Prompting of Evidence – Surprising the Accused.
2 The most criticism of this system related to the interrogation stage, the result of which was a reduction in the inquisitorial nature of preliminary investigations, and one of the most important changes that occurred in it and in the laws of countries inspired by it was reforms of this kind: the right to have a lawyer during interrogation, the right to silence of the accused, and the obligation to inform the accused of the charges.
Article 921 of the Code of Criminal Procedure of General and Revolutionary Courts also refers to the "prohibition of deception, coercion, and compulsion of the accused" in this regard, following the Constitution.
For the origin of the right to silence and its place in different systems, see: Section 2: Rules Governing the Quality of Criminal Interrogation 21- In terms of the accused’s response, various points can be raised to ensure his right to defense, three of which are particularly emphasized in this article: informing of the charge (paragraph one), preventing prompting of the answer content (paragraph two), and preventing surprising the accused (paragraph three).
22- In Iranian law, Article 921 of the Code of Criminal Procedure stipulates that questions must be useful and clear and prohibits the interrogator from asking suggestive or misleading questions.
(
, 
, 
)
