نوع مقاله : مقاله پژوهشی
دانشگاه آزاد اسلامی، واحد قزوین، قزوین، ایران.
عنوان مقاله [English]
Fair Trial is the resolution of disputes in a legal, impartial, independent and observing all rights of the parties. In other words, the principles and rules of fair trial are fined in domestic law and international documents, including the Charter of Human Rights, the International Civil and Political Law Treaty, and other international documents. The presumption of innocence as the most fundamental principle, the principle of legality of crimes and punishments, the principle of equality of persons before the law and the principle of arms equality are among the most important principles of due process. Also, for the detention phase, the right to an interpreter, the right to be aware of the causes of arrest, the right to object to detention, the request for compensation resulting from false detention and other rights are the requirements of the proceedings at this stage. The most important conditions of fair trial in the preliminary investigations are the rights which be protected from the lawyer and the right to silence. In the trial phase, the lack of impartiality, independence and non-affiliation, documentation of rulings, equality between persons, presentation of evidence by both parties, publicity of the proceedings, the right to a lawyer, the right to appear in court, the right to question witnesses, the right to appeal and other rights should be guaranteed in order for a fair trial to be achieved. The Criminal Procedure Code of 2013 has made great progress in aligning and coordinating with international and regional documents in comparison with the former Criminal Procedure Code, although there are still flaws and gaps in it.