Document Type : Academicm and Research

Author

• Morteza Fathi

Assistant Professor of the Department of Criminal Low and Criminology, Faculty University of Qom

Abstract

Following the occurrence of a crime and the initiation of criminal proceedings, one of the inalienable rights of anyone in the position of the accused -after identity verification- is to be informed of the accusation, under the title of arraignment some of the effects of which are defendant’s defense and deciding criminal orders of protection. In visible crimes, the explanation of accusation is done by judicial officers, unlike the invisible crimes in which arraignment is carried out by magistrates, first in preliminary investigations and then in court. Simply announcing the title of the crime to the accused does not relieve the duty in arraignment, but it is necessary for the accused to be aware of the crime committed, therefore, the elements of the crime should be explained to the accused, if needed. If the defendant or his advocate remains silent after the arraignment, it does not mean rejection or acceptance of the accusation and the evidence brought forward against him, but it causes him to be presumed present at the court’s verdict. Sentencing the insane or delinquent children to punishment or discipline or any preventive and educational measures depends on the explanation of the accusation. Although failure to explain the charge and subsequently issuing an appealable conviction warrant a hearing in the Court of Appeal and reversal of the verdict in the Supreme Court, if the verdict is final, the failure to clarify the charge does not invalidate the verdict.

Keywords

• judge
• defendant
• right to defense
• arraignment
• silence

Main Subjects

• Legal (Comparative Islamic and Western Law)