حق المتهم في سرية المراسلات المتداولة بينه وبين وكيله

دراسة تحليلية مقارنة

الملخص

as its clear the defendant is being innocent until proven guilty by legal evidence, and this principle required guarantee of fundamental rights of the defendants during the litigation and not to restrict them except in the narrowest limits.

And one of the most important rights that the international conventions and states constitutions keen on the necessity of giving to defendants, is the right to defense which can be seen in the in seeking an attorney, this right cannot be effective unless the communication between them marked by confidentiality.  So the immunity of these correspondence returns to the right for defense of the defendant within total freedom, hence it is not permissible to put the hands on correspondence between the defendant and his/her attorney or picturing to be used against the defendant.

Although this right grantee the benefit from hiring a lawyer as specified by legislator, however this right has not been mentioned in the Criminal Procedure Law, which formed the investigation trial procedure and defendant guarantees. We recommend to add a text to the Criminal Procedure Law highlighting the confidentiality of the exchanged correspondences between the defendant and his/her attorney and not to be used as a tool sentence the defendant.