Document Type : Research/Original/Regular Article

Authors

• ali amiri ¹
• Javadj Tahmasebi ²
• Batool Pakzad ²

¹ Judge of Justice, Ph.D. in Criminal Law and Criminology, Islamic Azad University (Tehran North Branch), Tehran, Iran

² Assistant Professor, Department of Criminal Law and Criminology, Faculty of Humanities, Islamic Azad University (North Tehran Branch), Tehran, Iran

Abstract

In this article, "Application of the principle of equality in guaranteeing impartial criminal proceedings" has been researched by descriptive-analytical method. Examining the dimensions and angles of the principles of "equality" and "impartiality" set forth in Articles 2 and 3 of the Code of Criminal Procedure and explaining the commonalities and differences and explaining the role of these two rituals in evaluating the performance of judges and the legislator's guarantee policy, are among the objectives of this study. Although the emphasis on the implementation of the principle of equality in the constitution indicates the privileged position of this principle in the judicial security of the country, but, the findings of the study suggest that the legislature in implementing its criminal policy, has not used all the capabilities of this important in standardizing the behavior of judges and in the face of global conventions and the strategy of the unity of international law, it has not adopted a clear strategy. The result is that, today the capability and authority of the system has the ability to technically revise the laws in accordance with the fixed and changing principles of Islam and Jafari dynamic jurisprudence and in accordance with the requirements of the time, and declare its firm position on conflicting issues. By specifying the role of the psychological element in violations and stating the prohibition of violation of the principles of equality and impartiality in different stages of the trial along with appropriate punishments, the criterion of justification of judicial rulings should also be stated and prevented the accumulation and formation of cases subject to the provisions of Article 477 of the Code of Criminal Procedure.

Keywords

• Equality Principle&rdquo
• Legal Equality&rdquo
• Judicial Equality&rdquo
• Principle of Impartiality&rdquo
• Impartial Procedure&rdquo
• &ldquo
• Fair Trial&rdquo

Main Subjects

• Criminal Procedure