Fair Trial and the Principles Governing It Internationally and Domestically Focusing on Governmental Discretionary Punishment

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ASADIAN AHMAD; Salariyan Jahanbakhsh

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Journal Paper

Paper Information

Journal: JOURNAL OF CRITICAL LITERATURE AND HUMANITIES Year:2018 | Volume:18 | Issue:5 Page(s): 19-43

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Information Journal Paper

Title

Fair Trial and the Principles Governing It Internationally and Domestically Focusing on Governmental Discretionary Punishment

Author(s)

ASADIAN AHMAD | Salariyan Jahanbakhsh | Issue Writer Certificate

Keywords

The principles of Fair TrialQ1

Defenders' RightsQ1

JudgeQ1

Governmental Discretionary PunishmentQ1

Legal RightsQ1

Abstract

The two terms "fair trial" and "statecraft and the principles of justice" were taken in the same sense and have been used interchangeably. No one should be deprived of his life, liberty, and property without a fair trial. "Fair trials" sometimes mean protections that derive from procedural legal rules, and sometimes they mean protections that result from substantive legal rules, such as rules related to fundamental rights and freedoms. The principles and standards of fair trial, which are set out in international human rights documentation, have addressed the conditions and requirements of national courts and judicial processes. On the other hand, the intrinsic components of a fair trial fall into three categories: 1. Structural and institutional guarantees such as independence and impartiality; 2. Principles and rules that should govern each stage of the judicial process and guide the entire process in a way that results in a fair outcome; 3. Elements and components of a fair trial, which in a limited sense, are considered as Legal Rights and include: freedom from something (immunity) like the right to non-arbitrary arrest or enjoying something like the right to have a lawyer. In this article, while attempting to enumerate the factors governing The principles of Fair Trial, a critical and comparative study has been undertaken in both domestic and international domains.

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APA: Copy

ASADIAN, AHMAD, & Salariyan, Jahanbakhsh. (2018). Fair Trial and the Principles Governing It Internationally and Domestically Focusing on Governmental Discretionary Punishment. JOURNAL OF CRITICAL LITERATURE AND HUMANITIES, 18(5 ), 19-43. SID. https://sid.ir/paper/235228/en

Vancouver: Copy

ASADIAN AHMAD, Salariyan Jahanbakhsh. Fair Trial and the Principles Governing It Internationally and Domestically Focusing on Governmental Discretionary Punishment. JOURNAL OF CRITICAL LITERATURE AND HUMANITIES[Internet]. 2018;18(5 ):19-43. Available from: https://sid.ir/paper/235228/en

IEEE: Copy

AHMAD ASADIAN, and Jahanbakhsh Salariyan, “Fair Trial and the Principles Governing It Internationally and Domestically Focusing on Governmental Discretionary Punishment,” JOURNAL OF CRITICAL LITERATURE AND HUMANITIES, vol. 18, no. 5 , pp. 19–43, 2018, [Online]. Available: https://sid.ir/paper/235228/en

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