This is a picture of a beautiful flower.
Hossein Ahmadi Niaz

The Criminal Procedure Law explains the principles and principles of fair trial in criminal matters; meaning that no one has the right to try an innocent person without regard to the provisions and principles of this law. The rules of criminal procedure are considered part of the rules of justice; meaning that no one has the right to deviate from them. On the other hand, such a valuable law allows for brave, capable, and independent lawyers to defend the rights of the accused. The accused is someone who is only accused and their guilt has not yet been proven. The accused is in a limbo between innocence and guilt, and it is the duty of a lawyer to save the innocent from falling into the pit of guilt. The main foundation is the formation of the criminal case in the court. Because the court system is based on the judge’s sitting and tries the accused based on the charges against them. Now, in such a situation, the accused’s hope lies in the defense of a lawyer of justice, who

One of the fundamental principles of the rights of the accused is the right of the accused to have and choose a defense lawyer. Therefore, the following clause of Article 48 will practically deny such a right and deprive the accused of their right to defend themselves, which includes having an independent lawyer. On the other hand, the selection of defense lawyers will result in discrimination among defense lawyers. A defense lawyer is the same as other lawyers in terms of rank and status. They are all equal and subject to the law. The Bar Association is not a military institution where we have lawyers with the rank of colonel or lieutenant colonel and say that only lawyers with the rank of colonel can have the necessary selection for choosing security defendants. On the other hand, the easy access of people to defense lawyers, as stated in Article 35 of the Constitution, is violated. The basis of this principle is the progressive right of all citizens to have access to defense lawyers without any restrictions or limitations.

The mentioned provision has been approved and added while political crime is not yet defined in Iran and the majority of political defendants are considered security defendants. In addition to dealing with political crimes, Article 168 of the Constitution has also used the institution of the jury or the fair tribunal. This means that a political defendant must have the right to access and choose a lawyer and also have the right to a fair tribunal. All this attention from the legislator to the political defendant is necessary because of their act of criticizing the power. Justice requires that there be equality between the power institution and the defendant in court and that the proceedings be fair. This fairness is achieved when such a defendant has the right to choose an independent lawyer. Therefore, it can be seen that this provision is contrary to the principles of multiple constitutional laws and modern criminal law. The balance of justice between the defendant and the power institution has been equalized. The defendant only has the knowledge and skill of an independent lawyer, but the power institution has