Rights of the suspect during the under supervision stage in the criminal justice system of Afghanistan


Mohammad Aref Ahmadi


Abstract

In this paper, the "rights of the suspect during the investigative stage" have been examined using a descriptive-analytical method. In the criminal justice system of Afghanistan, inspired by global developments in criminal law, particularly the provisions contained in international human rights documents, an independent stage of the criminal process was established under scrutiny, and the suspect in this stage was entitled to adequate defense rights. However, the pre-trial stage was not recognized as an independent stage of the criminal process until the republican era, and as a result, the suspect in this stage was deprived of defense rights. It was only in the criminal laws enacted during the republican era that we witnessed the extension of the accused's defense rights to the suspect and the identification of a new stage called "preliminary investigation" or "under supervision" in the criminal process. With this description, the term "suspect" in Afghan legal literature has a long history, drawing on Islamic legal literature, and its traces can be found even in the earliest written laws. Although this term was not used in its current sense in the aforementioned laws, it was used in its literal sense, meaning the accused. However, according to the criminal laws of the republican era, judicial officers could place the suspect under supervision in a facility called a surveillance center for a maximum of 72 hours in ordinary crimes and a maximum of 10 days in crimes against internal and external security and terrorist crimes. After gathering sufficient evidence, they would send the suspect, who enjoys all defense rights, along with the relevant dossier, for further investigation and determination of fate to the relevant judicial authority.



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