study of the Preservation of Individual Rights during the Criminal Process by Judicial Officers

Abstract

The implementation of the criminal justice system and the frontline of it, officers and prosecutors, collides with the restriction of the rights and freedoms of individuals. From prosecution, arrest, interrogation, notification and investigation to execution of sentence, it is directly in conflict with individual and public rights. However, despite the importance of the role of officers in this field, challenges are seen; For this purpose, in this research, the preservation of individual rights during the criminal process by the judicial officers has been investigated using a descriptive-analytical method. In the discussion of legislation, the legislator did not mention the right to remain silent. Also, some important cases such as explanation of charges and the right of access to a lawyer are not included in Article 63, while this issue is one of the most important defense rights of the persons under investigation. Another challenge in this field is the lack of attention to the training of officers and their specialization, which arises from problems such as parallel work and similarity of duties, lack of unity of command, and the existence of multiple intelligence centers; that these challenges affect the human dignity and rights of the accused, and the solutions to deal with the challenges of exercising the duties and powers of judicial officers, providing experienced human resources and facilities and equipment, cooperation and coordination of the custodial institutions, and using the experiences of other countries.