Background and Aim:The right to access and have a lawyer is one of the basic guarantees of the defendant's defense rights and is one of the major and fundamental criteria of a fair trial. In this paper, an attempt has been made to examine the right of access to a lawyer in jurisprudence, Iranian law, and global documents.
Materials and Methods: Thise article is Analytical descriptive and the library method uses.
Ethical considerations: In this article, Originality of texts, honesty and trusteeship Has been complied with.
Findings: The Findings of the study indicate that in Iranian jurisprudence, documentation can be found in the Qur'anic verses, hadiths and seerah (procedure) with regard to the right of access to a lawyer. In the Iranian legal system and global documents, the right of access to a lawyer is accepted. This right in Iranian legal system has differences with the global law system and human rights documents. In Iranian legal system, the right to access a lawyer is limited in some crimes, such as national security crimes. This is despite the fact that these rights are considered non-limitable and undeniable in global human rights documents, such as the International Covenant on Civil and Political Rights, and any limitation of this right is considered as a violation of the defense rights of the accused person.
Conclusion:Since the right of defense is recognized in all stages of hearings, it is necessary to fully recognize the right to the presence of a lawyer.