The right of defense can be considered as natural rights, and the most important fair
trial guarantees. It is also an inherent right at the center of public individual rights. It has
not only created in favor of the individual but also for the bene
fit of society as a whole.
There is no justice when accused people do not have a full right of defense and where not
possible to verify the truth. This means that enabling the accused to defend himself does
not mean that the punishment is over, but means to emphasize the fundamental pillar of
justice that will reassure the individuals to the proper functioning of mechanisms in
carrying out its mission, and this would remove any doubts about injustice suspicion when
Jurisdiction will announce the accused conviction, also removing the suspicion of
complacency while deciding his innocence.
Therefore, search in protecting the right of the accused to defend himself is not
intellectually luxury, but generally speaking, it is searching in more accurate and the most
complex legal issues, it is a dive in the depths, to stick to legitimacy in a centre of obstacles
is not easy to overcome. Building on the above, we can say that the accused practice of his
right to defend himself, remains inadequate to achieve the purpose if it is not criminally
reinforced. And to enable the exercise of the right of accused to defend himself, the penal
legislator decided to develop a set of substantive rules incriminating and justified, meaning
the dedication of this right to proceed without fear or shame. The accused is in great need
to exercise his right of defense under the umbrella of the criminal protection, and this will
protect him of the treachery of his defense and ensures that his rights will not be exploited
because of the weakness of his position, and the lack of his experience, and the conflict
hostile facing him. To find out the aspects of this protection two sections have been
developed in this research: the first section devoted to the study of the criminal substantive
rules, while the second was created to the study of the justified substantive rules. The aim
of this is to show the criminal aspects of protection of the right of the accused to defend in
court.
حق الدفاع
القضاء الجزائي
الخصومة الجزائية
السر المهني
الأمين على السر المهني
كتمان السر
جريمة إفشاء الأسرار
أسباب التبرير
الإفشاء الوجوبي
الإفشاء الجوازي
right of defense
criminal justice
criminal litigation
professional secret
Secretary to professional secrecy
confidentiality
the crime of divulging secrets
the reasons for justification
obligatory disclosure
disclosure of the permissible
المزيد..