الفهرس 
الفصل التمهيدييوجد فقط 14 صفحة متاحة للعرض العام
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المستخلص
It has been proven that the right to defense is of great importance in achieving criminal justice, and therefore international agreements and covenants concerned with human rights stipulate the importance of this right, and thus modern constitutions have guaranteed it, and the criminal procedural legislator has regulated it, as the accused is innocent until proven guilty in a legal trial that guarantees him the guarantees of defending himself ( ). Accordingly, the study falls within the scope of studies of legal guarantees for the accused in the criminal case, which lie at the heart of the Jordanian Code of Criminal Procedure and Trials, and the Kuwaiti Code of Criminal Procedure and Trials. The right to defense in a criminal case finds a wide scope for applying its elements, or components, to achieve a balance between the rights of defense and the rights of the prosecution, considering that justice cannot be achieved without the availability of these components. It is inconceivable that the defense will be effective without a reasonable period to prepare the accused to prove his claim, and not to deprive him of the mandatory means that ensure the appearance of witnesses in his favor, and to review and discuss the documents submitted by the prosecution authority, and not to isolate the accused from contacting his lawyer directly or indirectly, whether that is during the stage of judicial adjudication of the accusation, or before it, or when appealing its final outcome, otherwise the right to defense will become of limited value ( ). When the accused entrusts a lawyer with the task of defending him, the court must allow the lawyer the opportunity to carry out his task. In this context, the law has organized, and Article (123) of the Egyptian Code of Criminal Procedure and its amendments stipulates that “when the accused appears for the first time in the investigation, the investigator must verify his identity, then inform him of the charge attributed to him and record his statements in the report” ( ). In the French Code of Criminal Procedure, Article (23) stipulates that “the accused must be informed of the acts attributed to him, which justify the order to arrest him, bring him in or detain him, with a statement of the nature of the accusation and the articles that apply to him. The Kuwaiti legislator also did so by organizing in the Code of Criminal Procedure and Trials No. 17 of 1960 and its amendments the right to seek the assistance of a lawyer in the initial investigation and trial stages ( ). Given the importance and seriousness of interrogation in the preliminary investigation stage, as a defense procedure, it has been surrounded by several guarantees in most of the world’s constitutions and in comparative criminal legislation, as stipulated by some international agreements, in order to protect the freedom of the accused and his right to defense and contribute to revealing the truth, and at the same time it ensures that the interrogation takes place in a legally sound manner and the right to defense includes several guarantees, including the right to be informed of the charge, the right to seek the assistance of a lawyer, and the right to review the investigation.