عنوان مقاله [English]
The status of the presence of a lawyer as the right of the accused in all stages of the investigation is one of the principles that are more or less mentioned in international documents and agreements. On the other hand, such rights are provided in various legal systems, including the United States. In the meantime, the provisions of Article 48 of the Code of Criminal Procedure and its comment has caused dissatisfaction and disputes in this regard. A comparative study of this issue in American law,itsachievements,includingtheseparationbetweenthe administrative process and after sentencing, from the current practice that has given the separation of important and unimportant crimes; and has created a worse situation; it is suggested. Because in important crimes, which have more harmful consequences for the accused, giving authority to the investigating authority to exercise taste in order to prevent the entry of a lawyer is one of the shortcomings of this comment, which is not accepted in jurisprudence and law.