The Status Self Incrimination in two Main Legal Systems.

Document Type : Original Article

Author

PhD student, Department of Criminal Law and Criminology, University of Tehran, Tehran, Iran

10.48300/jlr.2021.187310.1284

Abstract

The fair trial contains a set of principles and rules that are anticipated to comply with the law of the parties to the dispute. In the context of such a hearing, reason as the center of gravity for criminal proceedings must not only be self-legitimate, but also the method of studying and applying it should be subject to the principle of the legitimacy of studying criminal evidence. The punishment of offenders in the community, although one of the basic objectives of the criminal procedure, but this important goal should not justify the use of any means and means, because undoubtedly, illegal practices can not be described as fair and just, and in such a situation , Talking about a fair trial is unfair. But in some legal systems, they have a special, cautious look, so they have been charged with prosecuting themselves. This rule, although civilized in order to protect human dignity in preventing the use of reason in any way, it should be noted that this rule has been met with exceptions in certain circumstances and circumstances. However, the recognition of this rule and its limitations has always been accompanied by challenges among lawyers around the large legal system, because the intellectual traditions of these two systems require different requirements. Therefore, recognizing this humanitarian rule in the light of the two legal systems is a step towards the conceptual development of a fair trial in our own country, which is an inevitable necessity.

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