Background and Aims: The right of the lawyer and the defendant to access the contents of the case and its executive guarantee is one of the important issues that has not been addressed much. The purpose of this article is to examine the right of the lawyer and the defendant to access the contents of the case and its executive guarantee in the laws of Iran and England in the light of fair proceedings.
Materials and Methods: The research method is descriptive and analytical and this research is theoretical. The method that has been used to collect information is library-based and it has been done by referring to international and domestic books, articles and documents.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are observed.
Findings: Adherence to a fair trial requires the access of the lawyer and the accused to the contents of the case at the preliminary investigation stage. In English law, the right of the accused and his lawyer to access the contents of the case and even beyond that, the lawyer's intervention in the case is accepted in the preliminary investigation. In order to realize this right, the legislator has provided a strong enforcement guarantee.
Conclusion: Failure to comply with the right to access the contents of the case in English law may lead to the invalidity of the entire preliminary investigation or even the release of the accused by the court.It is necessary to remove the restrictions on the right of access of the lawyer and the accused to the case in the criminal procedure law of Iran and to establish a strong guarantee for its implementation.