Mostafa Fazaeli; Ebrahim Malakeh
Abstract
Abstract Right to have advocate and judicial consult in delegations, is a defensive means for the defendant and accused person, by which he/she can provide a good fortune to prove his/her innocence or proceed his/her case. Implementation of this right during preliminary inquiries would prevent any likely ...
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Abstract Right to have advocate and judicial consult in delegations, is a defensive means for the defendant and accused person, by which he/she can provide a good fortune to prove his/her innocence or proceed his/her case. Implementation of this right during preliminary inquiries would prevent any likely violation of accused rights and preserving his/her inherent dignity. Interpreting Islamic viewpoints in expressing and preserving moral values and human rights, in their higher levels, according to the philosophy and goal of human life, in comparison with international instruments and norms which are resulted by human experiment and knowledge, could include useful scientific and practical conclusions. In the present article, after giving a general sight of view about Islamic and human rights law on the right to have advocate, extent and quality of this right especially during preliminary inquiries, is discussed and explained that, how it could be guaranteed and, from the other side, which code of conduct should be followed by advocate according to Islamic and international norms and values.