چکیده:
The defendant's right to defense; as one of the components of a fair trial, is a set of privileges and facilities provided to the defendant so that their rights and interests are ensured. One of the prominent examples of the defendant's right to defense is the right to silence in all stages of the legal proceedings; from the prosecution and accusation stage to the execution of the sentence, which is among the challenging topics of modern criminal law. Respecting the right to silence, on one hand, endangers the interests of society in the ease of crime discovery and criminal prosecution, and on the other hand, failure to observe it leads to the limitation of the defendant's established rights in the process of a fair trial. The defendant's discretionary right to silence is self-evident for a defendant who is aware of having such a right; however, the legal obligation of prosecution, investigation, and adjudication authorities, considering human rights teachings and modern interpretations of the presumption of innocence—namely, informing the defendant of such a right—has faced indifference from domestic legislators. The question is: if the defendant is unaware of their right to silence before judicial authorities, what is the duty? In this article, by examining the procedural laws and international documents, the duty or non-duty of judicial authorities and its scope in informing the defendant about remaining silent in the face of accusations is attempted to be determined.
خلاصه ماشینی:
In this article, an attempt is made to examine the laws of criminal procedure and IB}(*)Mentor and PhD student in International Law at Payame Noor University, Tehran &%00112UQMG001G% {IBinternational instruments, the duty or non-duty of judicial authorities and its scope in informing the defendant regarding remaining silent in the face of specific charges be determined.
In this article, an effort is made to examine and analyze the obligation and duty of judicial officers and authorities to announce the enjoyment of the right to silence to the defendant throughout all stages of proceedings, including: the stage of prosecution and investigation, trial and sentencing, and the stage after sentencing, in Iranian criminal law, while reviewing the criminal procedure regulations and making brief references to international and regional instruments.
The importance of this issue is such that even regional documents; the Islamic Declaration of Human Rights (Article 20), the European Convention (Article 3), the American Convention (Article 2), and the African Charter (Article 5) also explicitly prohibit torture and command respect for human dignity during arrest and interrogation; although some have deemed it permissible to deviate from these principles in dangerous crimes that are harmful to society (Najafi Aberandabadi, 136: 1384; also Tadayon, 46: 1387; and also Sloper and Kelly, 439: Ibid), whereas such an exception cannot be inferred from the application of international documents and Article 38 of the Criminal Code, and at the very least in the domestic sphere, it is among the grounds for denying the rule of law, as one of the important political and legal principles.
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