عنوان مقاله [English]
For a long time, the realization of justice has been the most important Objective of governments, and the most fundamental element of achieving this goal is easy access for people to an efficient judicial system; The requirement to achieve this is to deal with lawsuits within a conventional deadline. However, the problem is that several factors have affected the functioning of judicial systems and the existence of some inadequacies has caused the failure of impartial proceedings and the Appearance of a problem known as delayed proceedings. This research aims to identify the factors affecting this problem and provide a solution to solve it by studying the issue of judicial delay proceedings. The results indicate that the aforementioned problem arises from various causes such as the scientific and functional weaknesses persons related to the proceedings and the inefficiency of formal and substantive laws, and adopting measures in these fields can help solve the problem.
Procrastination of proceedings, or in other words, the problem of prolonging the process of legal and criminal proceedings, has existed as a trans-temporal and trans-spatial phenomenon since the formation and establishment of judicial institutions. It has been an obstacle to achieving fair proceedings and the realization of justice, also, this obstacle has resulted in the violation of people's rights and their dissatisfaction and has created an ineffective image for judicial authorities. This problem by overshadowing the principle of speed in proceedings as one of the formal principles that oversees the quality of proceedings has caused the result of their performance to appear weak and inefficient, despite the continuous efforts of judges and other appointees to the judicial system.
In this research, a descriptive and analytical method has been used, and in this regard, library sources and the opinions of lawyers have been used to finally reach a conclusion that is by the law and the existing situation in the country's legal system.
Results and Discussion
Today, due to the expansion of societies and the consequent increase in disputes, in practice, many issues provide reasons for delaying the proceedings, due to the complexity of the proceedings and the involvement of various factors such as the rules and regulations governing the proceedings and numerous people involved in the proceedings, including judges, Employees, bailiffs, lawyers, experts, litigants, etc., the causes and factors affecting the problem of delaying proceedings can be divided into two groups of weakness in the performance of human resources and legal inadequacies.
Human power is considered to be a significant influential factor in proceedings, which plays a critical role in the realization of fair proceedings; In such a way its efficiency will lead to the dynamics of proceedings and the realization of justice as much as possible. Therefore, considering the importance of the role of this factor, one of the most important reasons for the delay of proceedings is the result of the inappropriate performance of people relating to the judiciary, which is rooted in their scientific or executive (functional) weakness.
Another factor that plays the most noticeable and most important role in the direction of quick processing and benefiting from a fair trial is undoubtedly the legislator; Because having the attribute of being "wise" and being noble in the matter of legislation and legislative policies, a legislator can, measure such as establishing formal laws and regulations by the facilities and tools available in the judiciary, cancel substantive laws that are redundant and inconsistent with legislative standards and reduce Criminalization of normal behavior (from the point of view of people and customs) To provide reasons and prerequisites for reducing the delay in criminal proceedings. On the other hand, some inefficient substantive and formal regulations (both legal and criminal) that have been approved regardless of the existence of infrastructures and facilities have fueled the aggravation of this problem; In such a way that these laws themselves directly lead to an increase in the time of the proceedings, or by providing the possibility of abuse by the parties and lawyers of these inadequacies, it has indirectly caused delays in the proceedings.
Proceeding within the usual period is one of the principles of the organizer and monitoring the quality of the proceedings. Failure to pay attention to it causes the problem of delaying the proceedings and many harmful and irreparable effects, such as eliminating the deterrence aspect of punishments in the long term, deprivation of public trust in the judicial system, and financial losses for people (especially in societies with inflationary economy). The investigation and study about the causes of the damage of the delay of the proceedings indicates that the most important causes for this problem are the weak performance and scientific manpower function about proceeding, on the other hand, inadequacy and inefficiency of laws and formal and substantive regulations.
Selection of References
Mohseni, Hassan (2009), “Ritual justice research in theories of fair civil proceedings”, Journal of Law, Volume 38, Number 26. pp.285-319. [In Persian].
Kazemi, Sajad, and Chegini, Hamed (2023), “Institutional oral indictment to reduce the delay of criminal proceedings”, Journal sublimity of Rights Number 42, pp.294-315. [In Persian].
Shiravi, abdoal-hosein (2005), Comparative Law, Tehran, Samt Publishers. [In Persian].
Shams, abdolah (2002), Civil procedure, Tehran, Mizan Publishers. [In Persian].
Mahmodi, Fariba (2018), “Administration of evidence in proceedings with the approach of prohibiting the delay of proceedings”, Journal of Law Studies, Number 26. pp.153-166. [In Persian].
Saneei, Parviz (2002), Law and Society, Tehran, first edition, New design publications. [In Persian].
Hasani, Alireza (2002), “Reasons for delaying proceedings in Iran's judicial system, the role of lawyers and legal advisors in the process of speeding up proceedings”, Advocacy magazine, Number 11. pp.23-28. [In Persian].