Jurisprudence and Law
Ahmad Asadian; Jahanbakhsh Salariyan
Volume 18, Issue 5 , September 2018, , Pages 19-43
Abstract
The two terms "fair trial" and "statecraft and the principles of justice" were taken in the same sense and have been used interchangeably. No one should be deprived of his life, liberty, and property without a fair trial. "Fair trials" sometimes mean protections that derive from procedural legal rules, ...
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The two terms "fair trial" and "statecraft and the principles of justice" were taken in the same sense and have been used interchangeably. No one should be deprived of his life, liberty, and property without a fair trial. "Fair trials" sometimes mean protections that derive from procedural legal rules, and sometimes they mean protections that result from substantive legal rules, such as rules related to fundamental rights and freedoms. The principles and standards of fair trial, which are set out in international human rights documentation, have addressed the conditions and requirements of national courts and judicial processes. On the other hand, the intrinsic components of a fair trial fall into three categories: 1. Structural and institutional guarantees such as independence and impartiality; 2. Principles and rules that should govern each stage of the judicial process and guide the entire process in a way that results in a fair outcome; 3. Elements and components of a fair trial, which in a limited sense, are considered as legal rights and include: freedom from something (immunity) like the right to non-arbitrary arrest or enjoying something like the right to have a lawyer. In this article, while attempting to enumerate the factors governing the principles of fair trial, a critical and comparative study has been undertaken in both domestic and international domains.
