The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

A Comparative Study of the Rights of Accused’s Family in the Process of Preliminary Investigation in Iran & France

Authors
Hasan Ali Moazenzadegan
Behzad Jahani
Allameh Tabataba'i University
Abstract
The criminal justice system only punished criminals, nor those who have not committed a crime. But the nature of the criminal proceedings is such that other persons can also be affected, including the families of the accused. The same applies has led legislators to consider specific rights for these persons in the criminal process and in particular the preliminary investigation until to be protected against many pests proceedings .With passed the Code of Criminal Procedure 1392, Iranian legislator has taken serious and new steps towards the accept of the rights of defendant's family. The right to know of the arrest, the right to medical examination, visitation rights with the defendant, the right to noninterference in housing and family matters and the right to protection against threats and danger, including the most important of these rights. It seems the French Criminal Procedure Code is the main source of legislator adopted in these rights. Therefore attention to approach of this legal system that reform and completed in the light of development human rights, becomes necessary. Anyway, the implementation of these rights in the first place requires to awareness families that in most cases the exact mechanisms and guarantees for its implementation is not defined. In addition, a number of important rights, including the right to know the keeping place or the right to determine medical examiner has been ignored, so reform is needed in these cases.
Keywords
Family
accused
Rights
Preliminary Investigation
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