Fatemeh Rakideh
trainee lawyer at the Iranian Central Bar Association
Criminal defence and written defence submissions

Criminal defence and written defence submissions

A criminal defence should focus on the allegation, the elements of the offence, evidence connecting the accused to it and the stage of proceedings. A hasty response or explanation inconsistent with the case documents can make the defence more difficult.

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Criminal defence and written defence submissions

A criminal defence should focus on the allegation, the elements of the offence, evidence connecting the accused to it and the stage of proceedings. A hasty response or explanation inconsistent with the case documents can make the defence more difficult.

Important aspects of this matter

Point 1

A careful study of the title of the charge, the complaint and the evidence presented against accused person

Point 2

Coordination of statements with documents and avoidance of contradictions at different stages of the proceedings

Point 3

Identifying objections concerning attribution of the conduct, elements of the offence, jurisdiction or admissibility of evidence

Point 4

Complying with the deadline for objections, appeals or other legal actions related to case decisions

Documents and evidence related to criminal defence and defence brief for an accused person in Iran

Legal points and course of action

At the prosecutor’s-office stage, the focus is preliminary investigation and whether prosecution should continue. In court, evidence and substantive and procedural defences are assessed through judicial proceedings. The defence strategy may differ between stages.

Orders securing the accused’s appearance, summonses, service of documents and access to the case file each have their own rules. The appropriate step must fit the case’s actual circumstances and the competent authority’s directions.

Related topics

Frequently asked questions

Check the charge, court or prosecutor’s-office branch, appearance date and relevant documents, and do not ignore service of the summons. The defence depends on the case file and procedural stage.
Usually not. An effective defence must match the charge, evidence, previous statements and facts of the case. A generic template may be entirely irrelevant.
The principle of the right to a lawyer is recognized in criminal proceedings, although the details of attendance and access in some stages and crimes are subject to special regulations.

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