Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Juridical and Legal Foundations of Judicial Security in the Process of Ensuring Fair Criminal Proceedings

Document Type : Original Article

Authors
1 Ph.D Student of Criminal Law and Criminology, Yasuj Branch, Islamic Azad University, Yasuj, Iran.
2 Assistant Professor, Department of Law, Yasuj Branch, Islamic Azad University, Yasuj, Iran. (Corresponding Author)
3 Assistant Professor, Department of Law, Yasuj Branch, Islamic Azad University, Yasuj, Iran.
10.22034/jccj.2023.404451.1311
Abstract
Judicial security is the proper quality of the performance of the courts in applying legal executive guarantees in order to prevent citizens from violating their laws and obligations, and it is a process for dealing with a fair and just judicial system in which everyone has access to it and the rights and freedoms of citizens are properly secured. The purpose of the current research is to examine and explain the juridical and legal foundations of judicial security in the process of providing a fair trial, which has been addressed with a descriptive and analytical method. The question is, what are the most important jurisprudential and legal foundations of judicial security in ensuring a fair criminal trial process? The results show that fair trial and its related criteria are one of the indicators that increase the confidence factor and sense of security of citizens towards judicial and police authorities. Jurisprudentially and legally, judicial independence, impartial proceedings, compliance with civil and defense rights of the litigants, provision of witnesses and finally compliance with the principles governing the proof of litigation, guarantees judicial security and leads to fair proceedings and justice implementation.
Keywords

Volume 2, Issue 5
Winter 2023
Pages 533-545

  • Receive Date 01 October 2023
  • Revise Date 06 November 2023
  • Accept Date 18 January 2024
  • Publish Date 20 February 2023