The Principles in Support of the Accused during the Preliminary Investigation Stage
Mansour Farrokhi, Ph.D.
Abstract
The preliminary investigation stage is a phase of criminal process during which the accused is more vulnerable to the violation of rights. Thus, judicial officials have to pay attention to supervise the observance of defendants` formal and substantive rights. With a view to realize a fair trial, the principles relating to criminal procedure should be strictly observed. The preliminary investigation stage from crime detection to the issuance of the bill of indictment must be compatible with human rights standards. Human rights principles are known as constituent elements of every modern criminal justice system. Hence, the accused should only be placed on interrogation when he/she enjoys all the guarantees of due process. The purpose of the present article is to explain the principles governing preliminary investigation in order to support the accused. The principles of presumed innocence, the observance of citizens` privacy, respect to citizens` dignity and reputation, the observance of citizens` rights in obtaining evidence and the right to the guarantee of defense have been discussed in this article.
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