نوع مقاله : علمی- پژوهشی
نویسنده
استادیار، گروه حقوق کیفری و جرم شناسی، دانشکده حقوق، الهیات و علوم سیاسی، واحد علوم و تحقیقات، تهران، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Exploring every legal system shows that the fundamental principles of that legal system make up the infrastructure and foundations of that system. The fundamental principles of proceedings as general and permanent principles are rooted in the fundamental rights, whose presence causes permanence and durability, and their absence causes disintegration of the life of proceedings and its legitimacy. These principles find their origin in the values and beliefs of each system, the achievements and teachings of human rights, domestic laws and international documents, and for this reason, they become more important in the field of criminal procedure. Therefore, it will be possible to provide and guarantee them through recognizing the relationship of these principles with judicial measures and determining the guarantee of proportional implementation against any deviation or violation of these principles. The relationship between procedural principles, which in some cases are rule-making and in some cases strategic, with criminal measures can sometimes be found within the criminal trial process and sometimes outside the criminal trial process. In this article, in a descriptive-analytical way, an attempt has been made to recognize the type of principle and the type of relationship between rule-making or strategic principles and procedural measures, on the one hand, the degree of importance and position of that principle, and on the other hand, the guarantee of implementation It should be determined and explained in response to the violation of that principle.
کلیدواژهها [English]
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