نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The undeniable effect of a fair trial on guaranteeing the defense rights of the accused and the objective realization of the principle of acquittal makes the necessity of predicting the guarantee of execution against the violation of its standards even more obvious. In this research, with a descriptive-analytical method, the comparative typology of this guarantee of executions in the criminal justice system of Iran and France has been addressed by separating the proceedings. The findings of the research show that the violation of legality in connection with the place where the accused is observed and the lack of understanding of his rights at the stage of crime discovery, the violation of the lawfulness of temporary detention and the lack of separation between the prosecuting authority and the investigating authority at the stage of criminal prosecution, are violations of the right of the accused. of the lawyer and his right to remain silent during the preliminary investigation stage and the violation of the public nature of the criminal proceedings, as well as the principle of equality of the parties during the investigation and sentencing stage, is one of the most important manifestations of the violation of fair proceedings. It seems that in French criminal law, the legislator has paid more attention to the diversity and proportionality of sanction for the violation of fair proceedings. In the criminal law of Iran, despite the attention of the Criminal Procedure Law approved in 1392 to the standards and principles of fair proceedings, the necessary support of the said principles and standards has not been implemented through the provision of the guarantee of proportionate and deterrent legal sanction.
کلیدواژهها English