Formal lawyer” Objections to the standardization of Public defenders

Document Type : Original Article

Authors

1 MA in Criminal Law and Criminology, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad , Iran.

2 Assistant Professor of Criminal Law and Criminology, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.

10.52547/jlr.2023.229894.2402

Abstract

Getting a lawyer is one of the principles of a fair trial in order to achieve criminal justice that has been defined by the legislature. In many cases, the right ofgetting a lawyer is denied from defendants because of their inability to pay lawyer's fees. In addition to undeniable damage on the principles of fair trial, this act deprives the legislature achieving criminal justice which is one of the main goals of criminal law. The legislature has identified legal aid as a way to cover this dilemma. However, judicial assistance has not met the needs of the legislature in establishing this body. The non-standardization of public defenders as one of the judicial assistanc results the legislator not achieving its goals from establishing judicial assistance. In this study, by identifying the legal objections raised regarding the public defenders, we analyze and examine the objections of the public defendeers that exclude judicial assistance from the standard. The results of this study indicate that the problems in public defenders have been transformed into a formal lawyer, merely for the presence of a lawyer in the court session.. One of the proposed solutions for standardization of public defenders is establishment of public defenders organization. All public defenders cases are refered to this organization with the exclusive public defenders. This organization also needs to establish a institution for the protection of denfedant ‘s right. It needs to select experts to visit the performace of lawyers and judges in the trial process untill a final vote.

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Main Subjects

Legal Research
Volume 25, attorney standards
March 2023
Pages 355-378

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History

  • Receive Date: 05 June 2022
  • Revise Date: 30 June 2023
  • Accept Date: 10 August 2022

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