| Abstrakt: |
The Contradiction Principle is one of the strategic principles stipulated in the introductory article of the French Code of Criminal Procedure and U.S. Judicial Procedure but not specified in the Iranian Code of Criminal Procedure, though implied from Article 6 of the said code of procedure. According to this principle, all the evidence and results of the investigations must be communicated to and freely discussed with the accused in the criminal proceedings. At the police custody stage, suspects are more likely to be deprived of their rights and freedoms due to police intervention. The institutionalization of this stage in the Iranian, French, and U.S. legal systems, the manifestations of the Contradiction Principle, including the defendant's right for awareness of accusation and defense rights, the right to have a translator, the right to silence, the right to counsel, the right to health and the right to be heard have been considered and examined from the perspective of both RomanGermanic and Common Law systems. There are important ambiguities and challenges for the fulfillment of the Contradiction Principle in the Iranian criminal proceeding system, which can be resolved through the use of the experiences of French and American legal systems. Although the amendments of the 1392 law led to a move towards the relative observance of the Contradiction Principle and the acceptance of its manifestations, the Iranian criminal proceeding system is still distant from the more favorable in this regard. [ABSTRACT FROM AUTHOR] |
