?How are the conditions of interrogation of the accused

This article relates to the steps taken by the law and how to interrogate the accused and the rights we give to the accused. You should know that the Criminal Procedure Act states that when an offense is committed and the court is notified of its occurrence through the discovery of the offense by judicial officers or through the registration of a private plaintiff’s complaint through the Judicial Electronic Services Office. Preliminary Research Phase, Directions:

handling the case
The pursuit of the accused
Discover the scope of the crime
Finally, refer the case to the court, so that the sentence of punishment is imposed for the offender

It starts in the courtroom. One of the steps we face in a preliminary investigation is the interrogation of the accused, which, as we said, is the subject of our investigation. In this discussion, you should know that the accused is not someone who considers his laws to deserve the worst punishment for the charges against him. Perhaps such punishment had been imposed on the accused in the past. In some cases, this violence and sometimes forcefulness even occurred to the extent that the accused was forced to make a false confession. But today the law favors the accused. Stay with us to explore this topic further.

Interrogation of the accused

What exactly are we talking about when we talk about questioning the accused? This is the first step in this discussion. We must say that as we briefly mentioned in Part I, the interrogation which is to be conducted based on the terms of the accused and the law of interrogation i.e. the law of criminal procedure is one of the stages of preliminary investigation crime. This interrogation includes clear and unambiguous questions about the crime and issues that help discover the crime.
However, what is most important in this discussion is that because of the sensitivity of this issue and its impact on discovering the crime and arriving at the truth, questioning the accused must be done in accordance with the law. This means that in doing so, the rights of the accused must be respected. Otherwise, interrogation is not legally possible.

Interrogation of accused in law

The Prosecutor’s Interrogation Act is also similar to the Criminal Procedure Act, with its latest amendment, in 2014 . In addition to the conditions for filing charges of an offense and the manner of handling cases and protesting votes issued, the MLA has also submitted the same law as the manner and conditions of interrogation of the accused. If you have any questions about the methods and steps in this issue, please continue this article.

Methods of interrogation of the accused

What is the step before him in the interrogation of the accused? We must say that in accordance with legal procedure, we envisage the following steps for the accused:

In cases where the accused was not arrested at the time of the commission of the crime, he must first be served with a summons and invited to appear in the courtroom.
In situations where the accused does not attend the meeting without a valid excuse, or if one of the cases of Article 180 of the Criminal Procedure Act, such as lack of access to the accused, because his address and residence was not concluded by the investigating authority, address, if any, is charged .
The accused shall be handed over to the investigating officer, who may be the investigating officer, his substitute and assistant prosecutor, within a maximum of 24 hours.
The accused must be charged at the beginning of the interrogation. He should be warned to be careful with his statements. He should also be told of his legal rights, such as the right to have an attorney or the right to refuse to speak, until an attorney appears or the case is referred to court. Remember that the effect of the confession or effective cooperation of the accused in mitigating the punishment of the crime committed should also be explained to him.
Interrogation should be conducted privately and privately; except for pardonable offences. d
Edsara takes care of them in the form of arbitration and refers the matter to the competent authorities for peace and reconciliation. In this case, the interrogator should not allow the defendants to interfere with each other’s conversations.
Before starting the investigation, the investigator should carefully read all the identity documents and information contained in the interrogation letter and check the name, address, father’s name, national code and all the information with the accused and ask properly, from him, .
The interrogator must ask the accused, witness or informant questions of interrogation clearly and without sounding confusing or threatening.
State the answers of the accused or witnesses and informants clearly and explicitly, in the form of parliament.
After reading, ask them to sign and fingerprint the bottom of the sheet.

Rights of the accused in interrogation

During the interrogation of the accused, his rights are determined by the laws governing Iran. These rights are:

Receive notification of the summons, before his arrest, unless cases such as life imprisonment for the offense or failure to obtain the address of the accused are not available after investigation.
explaining the charges to the accused and explaining to him his legal rights.
The presence of the investigating officer at the place of the accused for interrogation, in cases where the accused is ill or old. Nor is he likely to appear before the investigating authorities for questioning under any circumstances.
His silence in response to questions from interrogators until the day the case was referred to court.
Having a lawyer with you on the day of interrogation and refusing to talk until the lawyer is present.
Write answers to the interrogator’s questions, by the accused himself, if he is literate and willing.
Having a translator, for those who can’t speak Farsi.
Having skilled interpreters in sign language for the deaf and dumb

The accused was questioned in the presence of his lawyer
To conclude the questioning of the accused in this section, we refer to the presence of an attorney for him. In the previous section, we examined the rights of the accused through interrogation. In addition to what we have said, the right to counsel is one of the most important issues related to the manner and conditions of interrogation of the accused.

Article 48 of the Criminal Procedure Act allows the accused to request the presence of a lawyer when the proceedings commence. Counsel shall meet with the person under observation to respect the confidentiality of the investigation and discussion and counsel may present his or her written observations for inclusion in the file at the end of the meeting with the prosecutor, which shall not exceed one hour . Needless to say, however, there is a note in this article as well and it goes like this:

Penalties for crimes against internal or external security as well as organized crime are covered by Article 302 of the Act, at the stage of preliminary investigation, the parties to the case choose their lawyer or lawyers from among the official lawyers of the judiciary. The names of the aforementioned lawyers were announced by the Chief Justice.

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