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Criminal Policy of Having Fair trial Components in the Criminal Justice System of Iran

Shahram Beigy , Shahram Beigy

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Indian Journal of Law and Human Behavior 2(2):p 113-120, July - December 2016. | DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.2216.8

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Abstract

 The right of having fair trial that is identified as an international human right norm to support individuals against depriving or limiting freedom and their fundamental rights, is a general concept that important international and regional documents such as Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and The European Convention on Human Rights have predicted elaborately mechanisms to exercise this right and conditions to ensure them. Fair trail consists of judicial investigation and decision-making by a legal, independent, impartial and competent judicial authority and according legal regulations and with compliance with established safeguards for both parties. Some scholars have considered fair trial as a human right principle and as backbone of rights and procedural safeguards under which are principles such as impartiality and independence and equality of weapons and finally procedural safeguards will end up to fair trail. In practice, realization of this issue requires prediction of legal mechanisms. Article 10 of Universal Declaration of Human Rights in and article 14 of Covenant have predicted the fundamental right of having fair trial for all people. Islamic Republic’s constitution, however, hasn’t stated as explicit as the two above mentioned legal documents the right of fair trial for citizens, but provisions included in principles 32, 34, 35, 36, 37, 38, 39, 156 and 165 clearly suggest admission of this right as a basic principle that has been source of several rights. This article intends to investigate different aspects of Iran’s criminal policy regarding fair trial.

Keywords: Criminal Policy; Iran; Fair Trial; Component.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.2216.8

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