Document Type : Original Article
Authors
1
Ph.D. student, Department of Law, Faculty of Human Sciences, Islamic Azad University of Arak, Arak, Iran.
2
Department of Law, Faculty of Human Sciences, Islamic Azad University of Arak, Arak, Iran; Associate Professor Department of Private Law, Faculty of Farabi, University of Tehran, Tehran, Iran,
3
Assistant Professor Department of Law, Faculty of Human Sciences, Islamic Azad University of Arak, Arak, Iran.
10.48300/jlr.2024.417664.2450
Abstract
This article seeks to provide a sustained
treatment of the complex role that equality plays in procedural thought.
In this situation we are faced with two mentalities about procedural equality in the judicial process. Firstly, procedural equality is an inevitable necessity, and secondly, how this ideal concept should be considered in the design and evaluation of all types of judicial systems. However, due to the lack of a precise definition, we are not completely sure what exactly is meant when the concept of equality is expanded under the rules of procedure, and in fact, we are confused due to the consequences caused by the apparent branches of procedural law.In short, we know that we cannot have a fair trial without procedural equality, but we are not sure what it means exactly? This double rhythm has shaped the discussions of procedural equality in academic literature and judicial procedure. this article aims to examine the obvious and complex role played by equality in criminal and civil proceedings.
Keywords
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