The place of the Principle of Proceedings within a reasonable time in the criminal proceedings

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VATANI AMIR; Nargesian Mohammad

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

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Journal: Journal of Judicial Law Views Year:2019 | Volume:24 | Issue:84 Page(s): 263-282

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Information Journal Paper

Title

The place of the Principle of Proceedings within a reasonable time in the criminal proceedings

Author(s)

VATANI AMIR | Nargesian Mohammad | Issue Writer Certificate

Keywords

hearing within a reasonable timeQ1

criminal procedureQ2

fair trialQ1

prolongation of the trialQ2

Abstract

Observing a reasonable deadline throughout the criminal investigation process, as one of the most fundamental defensive rights of the accused, emphasizes the importance of reasonable expediting in the process of proceedings in a high degree of accuracy, which considers necessary for the fair trial and the desired outcome of criminal proceedings. Delivering justice within a reasonable time is one of the basic principles of criminal procedure. The concept of a reasonable period of due process is that through a reasonable period, it is possible to deal with the case and establish justice in this way; but it is not easy to determine howdeadline is normal and reasonable. In the present article, three criteria are analyzed as criteria for determining the reasonableness of the trial period: typical (objective), subjective (personal) and mixed (intermediate). The objective criterion emphasizes the determination of the deadline for prosecution by the legislature. The subjective criterion is the circumstances of each case, which determines a reasonable period appropriate to that case, and can vary from case to case. Finally, the mixed criterion utilizes both of the above factors. Eventually introducing violations of reasonable time, the guarantee of non-compliance within a reasonable time is reviewed.

Cites

Factors in the Tendency of Judges to Refer Cases Related to Medical Malpractice to the Forensic Medicine Organization (Case Study of North Khorasan)

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APA: Copy

VATANI, AMIR, & Nargesian, Mohammad. (2019). The place of the Principle of Proceedings within a reasonable time in the criminal proceedings. JOURNAL OF JUDICIAL LAW VIEWS, 24(84 ), 263-282. SID. https://sid.ir/paper/217794/en

Vancouver: Copy

VATANI AMIR, Nargesian Mohammad. The place of the Principle of Proceedings within a reasonable time in the criminal proceedings. JOURNAL OF JUDICIAL LAW VIEWS[Internet]. 2019;24(84 ):263-282. Available from: https://sid.ir/paper/217794/en

IEEE: Copy

AMIR VATANI, and Mohammad Nargesian, “The place of the Principle of Proceedings within a reasonable time in the criminal proceedings,” JOURNAL OF JUDICIAL LAW VIEWS, vol. 24, no. 84 , pp. 263–282, 2019, [Online]. Available: https://sid.ir/paper/217794/en

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