Standards of criminal justice in hearing process, according to Criminal Procedure in 2013

Ehsan Malekshahi, M. Biranvand

Abstract


Todays, the standards of criminal justice in the proceedings, there is a fundamental and non-negligible principle and regardless of consecrating it, we will not reach the ultimate goal is the same judiciary, justice and equality. In all documents and international treaties, the standards of criminal justice in human rights have been emphasized. The most important international documents existing in this field include the International Covenant on Civil and Politic, the Convention against torture and other punishments and cruel inhuman and degrading treatments, the Universal Declaration of Human Rights, the African Charter on Human Rights, the American Convention on Human Rights, the Commission and the European Court of Human Rights and so on. It has been required around the documents and recent treaties of signatory states to strengthen the right to freedom, dignity and not doing inhumane treatment against their own citizens. The presumption of innocence, the openness of proceedings, independence and impartiality of the judiciary and the legislature systems, and being the personal criminal responsibility would be considered as the most important principles of a fair hearing. In law of Iran, based on admiring the legal and Islamic juridical grounds in legislation after the Islamic Revolution and as well as accepted international documents and treaties of human-friendly rights by the Islamic Republic of Iran, many of the principles of a fair hearing have been considered in compliance with the legislation. But in some cases, there are also disadvantages.


Keywords


standards of criminal justice, criminal procedure, documents of human rights, criminal law.

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