A contemplation on the fundamental principles governing criminal proceedings

Document Type : Research Paper

Author

Assistant Professor, Faculty of Law, Theology and Political Sciences, Islamic Azad University, Science and Research Branch, Tehran, Iran

Abstract

Knowing the nature and characteristics of the fundamental principles of criminal proceedings, considering the variety of principles and their content and the various interpretations that have been proposed in the context of different theoretical approaches, requires knowing the different foundations of these principles. The important question in this regard is, what are the most important fundamental principles governing criminal proceedings and is it possible to find a single basis to justify these principles? The extremism of different views in justifying the foundations of the fundamental principles and their attention to only a part of the existing facts makes it impossible to be satisfied with one basis in the justification of the principles. Sometimes these foundations take on a moral and philosophical aspect and seek their justification in ethical-philosophical approaches, and sometimes they find a legal and social aspect and seek to legitimize themselves through the foundations of human rights or expedient views or It is security oriented. In this article, with an analytical-descriptive approach, with t

Keywords

Main Subjects

Criminal Law Research

Articles in Press, Accepted Manuscript
Available Online from 24 February 2024

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