Nouraei & M. Mostafavi Law Offices – 9 February.2025- The Note to Article 48 of the Criminal Procedure Code of Iran, approved on 4/12/1392 (23 February 2014) with subsequent amendments, is a controversial resolution, according to which defendants of specific political and security crimes are deprived of choosing freely a lawyer of their own choice during the interrogation and investigation proceedings of the prosecution. According to this Note:
“In crimes against internal or external security, as well as organized crimes whose punishment is subject to Article (302) of this law, during the preliminary investigation stage, the parties to the prosecution shall select their lawyer or lawyers from among the official lawyers of the judiciary whom the Head of the Judiciary approves. The Head of the Judiciary shall announce the names of these lawyers.”
The Note, which was added to the aforementioned Article 48 on 24/3/1394 (14 June 2015), has been repeatedly criticized and objected to by jurists and lawyers, who have called for its cancellation. A few years ago, the Central Bar Association had written a letter to the Islamic Consultative Assembly (Parliament) asking legislators to remove the Note to Article 48 because it limited the defendant’s rights and authority to select his or her desired lawyer, and consequently under such restriction they were forced to select a lawyer from among the lawyers approved by the Head of the Judiciary. Part of the letter stated: “The right of free access to a lawyer is the most important formal right that ensures access to justice, and restricting it, in addition to violating the aforementioned rights, not only does not result in any efficiency or credibility for the judicial system, but in some cases, it may also end in corruptions”
As a new promising development in this respect, It is reported that the Judicial and Legal Commission of the Parliament has amended Article 48 of the Criminal Procedure Code to remove this Note, among other changes, and will bring the amendment to the floor of the Parliament for final approval by the representatives.
The Judicial and Legal Commission’s duties include investigating judicial and legal problems that arise in society, reviewing and approving bills and proposals related to the country’s laws in various fields, and reviewing and approving bills and proposals concerning criminal law and criminology.
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