About the Theory of Invalidity of Preliminary Investigations in the Iranian Criminal Proceedings (According to the Code of Criminal Procedure Approved in 2014)

Preliminary investigation is one of the most important stages of criminal proceedings, which is a set of measures and investigations. By judicial officers directly or on the orders and referrals of judicial authorities or by investigators, prosecutors or prosecutors As well as other judicial authorities in order to discover, register and prepare the reasons, including the reasons for proving the crime and useful reasons for the accused, according to the principle of innocence And its main purpose is to prepare the case and facilitate and expedite the trial. At this stage, the rights of the accused must be fully observed, including the right to understand the charge by stating the reasons, the right to remain silent and announce it. He mentioned the right to have a lawyer and to announce it, the right to prohibit delays and delays in informing the accused after summoning or arresting the accused, the right to be reminded to be careful in statements, the right to prohibit physical and mental torture during interrogation and the right to annul investigations. The Code of Criminal Procedure has been criticized for forgetting the theory of invalidity with this degree of importance and not explicitly naming it. It may be said that the legislature trusted its judges and in some cases left the enforcement guarantee to their discretion. This research has been done in the form of a library-documentary that we first studied the source in relation to the subject and then studied the field by collecting resources.