Aspects of the Penal Protection on the Right of Defense before the Investigative and Judicial Authorities: A Comparative Study
The right of defense in front of investigation and justice authorities is part of the right of litigation that is assured by constitutions, national laws and international treaties. It is one of the pillars of fair trial because it is an original natural right. The rights of defense are not only to the accused person but they are so for each person having the status of a litigant in front of investigation and justice authorities whether in a penal , administrative , commercial and sharia case and whether this litigant is a physical person or a moral one. The legislator has given to these rights two kinds of penal protection: objective protection and procedural protection. Our paper deals only with objective field. Law has given the right to the litigant to have a lawyer, so we dealt in the first part to the matter of criminalization of professional secret disclosure by the litigant’s representative in the case that is in front of justice, and the cases in which the lawyer is not concerned with the professional secret of his client, in so far as the lawyer’s obligation of keeping the professional secret is relative not absolute. The crime of professional secret disclosure by the lawyer is intentional. The good running of investigation and trial is a guarantee of the litigant’s right of defense protection in front of justice. The legislator has criminalized some actions because of their danger to the right of defense but he has not neglected admitting an immunity to the written and oral defense of litigants in front of courts or investigation authorities. The term “courts” or “investigation authorities” that appears concerning the permission of swearing is widened to include normal courts, exceptional courts, disciplinary courts, as well as police records, public prosecution and all other judicial authorities.
Al-Hassan, Dr. Abdulaziz
"Aspects of the Penal Protection on the Right of Defense before the Investigative and Judicial Authorities: A Comparative Study,"
UAEU Law Journal: Vol. 2020:
81, Article 7.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2020/iss81/7