The right of the accused to appoint a lawyer in the inference phase In the laws of Islamic countries, Iraq, Sudan and Iran as a model ( A comparative study )


  • Ali Jassim Muhammad Hassan Al-Saadi Qom University _ College of Law Department of Criminal Law
  • Ruhollah Akramy Qom University _ College of Law _ Department of Criminal Law


The suspect, the accused, the right to appoint a lawyer, the criminal case, the inference, the members of the judicial police, the penalties of deprivation, the laws of Islamic countries


International law guarantees any person accused of the crime of the right to appoint a lawyer of his choice at all stages of the criminal case. Islamic states have sought to achieve the accused guarantees of a fair trial, including the guarantee of the right to defense, and his right to appoint a lawyer to defend him. This guarantee is emanating from the presumption of innocence that was devoted to Islamic law, other international covenants and covenants, and criminal legislation. The assumption of innocence in the accused requires him to be treated in all stages of the criminal case. And enabling him to defend this innocence and give him the opportunity of a fair trial and one of its guarantee, his right to defend before the criminal courts, and his right to attorney a lawyer to defend him. This right to the legislation of Islamic states was stipulated, so it is a binding constitutional and legal right. He won the sacredness in some of its constitutions, and stipulated in its punitive and fundamentalist laws. However, most of the Islamic countries focused this right in the preliminary and trial investigation stages. She did not give the accused this right in the stage of reasoning. She had to give this right to the accused at this stage . From the first moment of his accusation and the issuance of the accusation decision, what is the benefit of attending the lawyer with the accused after his confession of the charge on the pretext of the investigation secret, or the lack of clarity of the provisions of the law, or that the police and investigation agencies, and members of the judicial seizure are responsible for the initial investigation stage, or that the instructions issued prohibit the presence The lawyer with the accused at this stage, and prevents contact between the accused and his lawyer. And because of the importance of the phase of inferences, the accused must be enabled by his right to defense, by appointing a lawyer he chooses himself, his connection to him and his definition of all his rights, including the right to defense, and his right to silence until a lawyer attends his side to defend him. And not limiting this right to the primary and judicial investigation stages. And the text explicitly on the invalidity of the declarations and procedures in the event that the accused does not enable this right and that there is a penalty (procedural, disciplinary and rewarding)) will affect everyone who is deprived of the accused of his right to defense. The study of the accused's right to appoint a lawyer as one of the guarantees alone is not sufficient to achieve this result. Rather, the penalty must be indicated that the accused is deprived of this right