Analyzing the theory of identifying the exclusive competence of some lawyers

Emamian Dehaqi, Zahra Sadat; Astaraki, Ali; Zahravi, Reza

doi:10.22106/jlj.2025.2023441.5839

Analyzing the theory of identifying the exclusive competence of some lawyers

Document Type : Research/Original/Regular Article

Authors

Zahra sadat emamian dehaqi

ali astaraki

reza zahravi

10.22106/jlj.2025.2023441.5839

Abstract

The provision in the note of Article 48 of the Criminal Procedure Code, enacted in 2013, represents an innovation by the legislator and signifies the emergence of a new theory in Iranian law known as "recognition of the specialized competence of lawyers." This note imposes a competence on lawyers that has led to criticisms from legal, political, and even religious and jurisprudential perspectives. The main question is what characteristics the lawyers approved by the Head of the Judiciary should possess, and to what extent this note aligns with the fundamental discussions of fair trial. Two theories have been presented in this regard: one fundamentally rejects this type of recognition of competence, while the second agrees with the specialized competence but raises objections regarding its implementation.
This paper concludes, through examining the aforementioned theories, that adherence to the characteristics of a fair trial is contingent upon the application of objective criteria. It is necessary to identify the deficiencies, gaps, and conflicts arising from the ruling of this note in order to advance transparency and justice. The article also proposes undeniable objective indicators for the specialized competence of lawyers.

Keywords

Scientific competence

general competence

specialized competence

lawyers

fair trial

note of Article 48 of the Criminal Procedure Code

Subjects