نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسنده English
Fundamental principles form the bedrock of any legal system, serving as the structural and normative foundation of procedural order. In criminal procedure, these principles - rooted in constitutional law, human rights doctrines, domestic legislation, and international instruments - function as enduring safeguards of judicial legitimacy. Their presence ensures the integrity of legal proceedings, while their absence risks procedural disintegration. Given their critical role, protecting these principles requires a dual approach: (1) analyzing their interplay with procedural measures and (2) instituting proportionate sanctions for violations. The relationship between procedural principles and criminal measures is multifaceted. Some principles operate as rule-making norms (establishing concrete procedural standards), while others act as strategic guidelines (shaping broader policy objectives). These interactions may manifest within or beyond the formal criminal process. Through a descriptive-analytical methodology, this article examines the nature of each principle and categorizes its relationship with procedural measures - whether rule-making or strategic. Such an analysis serves two purposes: first, it elucidates the hierarchical significance of each principle within the legal framework; second, it provides a basis for designing tailored sanctions to address violations, thereby reinforcing procedural justice. By systematizing these relationships, the study advances a framework for evaluating the weight of procedural principles and ensuring their enforcement. This contributes to both theoretical clarity and practical efficacy in criminal procedure.
کلیدواژهها English
