خلاصة:
Abstract: A fair trial is a process based on the defendant's enjoyment of all defensive rights and equal facilities and conditions with their counterpart for preparing a defense, the violation of whose criteria results in the loss of the quality of fairness from the trial, while adhering to them promises the realization of a fair trial. The prosecutor plays a significant role in the foundation and formation of a criminal case, and failure to observe the requirements of a fair trial at various stages of the criminal process, especially the preliminary investigation stage, can guide the course of the trial toward an unfair decision. Accordingly, the old position of the prosecutor's office has evolved from two hundred years ago to the present day, and a great transformation has occurred in modern criminal policy in this regard. Despite this, the legislator has remained distant from this transformation and, by granting powers to the prosecutor at various stages of the criminal process, has violated the requirements of a fair trial, including the principle of impartiality, the principle of equality of arms, the principle of independence of judicial authorities, and the principle of separation of different stages of the trial. In the new Criminal Procedure Law, no significant progress is seen in this area either. Considering the requirements of a fair trial and the defendant's defensive rights necessitates fundamental reforms in our country's Criminal Procedure Law. This article examines these reforms.
ملخص الجهاز:
Concepts such as fair trial, litigation and defense rights, equality of arms, impartiality of courts, public hearings, reduction of temporary detention cases, compensation for moral and material damages to innocent detainees, the necessity of lawyer intervention in all stages of proceedings, and the rule of the presumption of innocence in all stages of proceedings are considered requirements of criminal justice.
In our law, there are cases, including sub-clause (f) and clause (e) of Article 3 of the Law Amending the Law on the Formation of Public and Revolutionary Courts (2002), based on which the prosecutor interferes in the investigation matter and the prosecutor's opinion is imposed on the investigator as the investigation authority, which leads to an unfair trial contrary to human rights regulations and results in the violation of the defendant's defense rights, which will be referred to in the next section.
3- The powers of the prosecutor and the violation of the requirements of a fair trial and the limitation of the defendant's defense rights 3-1- Concentration of prosecution and investigation powers in a single authority According to the principle of separation of different stages of criminal proceedings, in order to guarantee and preserve individual rights and freedoms, prevent judicial tyranny, observe the principle of impartiality, and achieve a fair trial, each of these stages has been entrusted to independent judicial authorities.
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