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Fair Criminal Procedure Standards and Ethical Mechanisms for Implementing the Right to Silence in the Legal Systems of Iran and Iraq
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Mohammad Louei1   , Reza Nik Khah Saranghi2 , Siamak Jafarzadeh3 |
1- PhD Student in Criminal Law and Criminology, Department of Jurisprudence and Islamic Law, Faculty of Literature and Humanities, Urmia University
2- Department of Jurisprudence and Islamic Law, Faculty of Literature and Humanities, Urmia University , rnikkhahsaranghi@gmail.com
3- Department of Jurisprudence and Islamic Law, Faculty of Literature and Humanities, Urmia University |
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Abstract: (106 Views) |
Background: The right to silence, as one of the most important principles of fair trial, plays a key role in guaranteeing the rights of the accused and preventing human rights violations. However, this right involves numerous ethical challenges, and in some legal systems, including Iran and Iraq, different perceptions and implementation of this right have led to challenges in the trial process. Therefore, the purpose of the present study is to examine the fair criminal procedure standards and ethical mechanisms for implementing the right to silence in the legal systems of Iran and Iraq.
Conclusion: The ethical mechanisms for implementing this right were considered in three dimensions: legislative (considering the ethical dimension of the right to silence, the procedural nature of confession, and the need for the legitimacy of obtaining evidence, announcing and explaining the right to silence), judicial (the need for accurate recording and recording of interrogations in field investigations, prohibiting torture, coercion, forcing the accused to speak, and prohibiting suggestive questions and deception of the accused), and disciplinary (employing experienced and trained interrogators, supervision by responsible institutions over the manner of interrogation, specialization of officers).
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| Keywords: Ethics, Right to Silence, Fair Criminal Procedure |
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Full-Text [PDF 793 kb]
(70 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2024/10/28 | Accepted: 2024/12/29 | Published: 2025/07/1
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