Accused’s Defense Rights; The Concept and Different Dimensions of the Accused’s Last Defense

Document Type : Original Article

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Assistant professor at Islamic Azad University, Central Tehran Branch

Abstract

A





mong the many defense rights of the accused, the last defense, which is considered in the final stage of each stage of the trial based on the presumption of innocence principle, can be considered as
a complement to the defense process. Accordingly, the legislator has mentioned this right in Articles 262, 371 and 399 of the Criminal Procedure Code of 1392 (2014). The present article uses an analytical method to answer the questions of whether judicial authorities are required to make a final defense at all times at the end of a proceeding. If the accused is summoned to receive his last defense while he is not present, is it possible to request his presence while he is not present, to obtain the amount fixed in the courtship bon and the recognizance (penal sum) or to seize the bail? The findings of the researching indicate that the final defense is the right of the accused and includes a duty (obligation) for the judicial authority. The summons must specify the last defense without result, which is the absence of a summons. The judicial authority is obliged to obtain (get) it only if it is related to the accused. Failure to obtain it, in addition to disciplinary violations, invalidates the verdict. In the absence of the accused, existing security of the accused cannot be obtained or confiscated (abjudged).
 

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