حقوق دفاعی متهم در «دوران تحت نظر» در قانون آیین دادرسی کیفری و بررسی تطبیقی آن با حقوق انگلستان

Taking the accused into surveillance by police officers in witnessed crimes is one of the most important authorities of them. Certainly giving this authority to police officers, which leads to the denial of freedom of accused for movement in limited time, is based on the efforts in order to achieve principal interests as finding out the truth and reveal the fact in criminal cases as well obtaining evidence that make it possible to achieve this goal. Certainly necessities such as rapidly in collection of evidence and prevent from destruction of them, prevention accused of collusion with witnesses, potential partners or assistants, especially in the early stages of the proceedings, subject to appropriate restrictions on the rights granted to the accused. However, the need to protect the rights of individual freedom and human dignity while maintaining social interest requires defense rights to be recognized for accused. Such matters at the former Rules of Criminal Procedure was pale. According to the Code of Criminal Procedure Act of 1392, accused in order to guarantee individual rights and freedom, and the Protection of human dignity is prospering of rights of the defense including the right to remain silent, the right to counsel, the right to notice of charge. Such subject to the English law is evident and especially the Police and Criminal Evidence act (1984) contain substances that numerous assignments for the police to ensure the rights of the accused is prescribed.