LEGISLATIVE LEGISLATIVE POLICY OF IRAN IN RELATION TO THE PRINCIPLE OF EQUALITY OF ARMS IN THE PRELIMINARY INVESTIGATION PHASE IN THE NEW CRIMINAL PROCEDURE LAW WITH A VIEW TO THE RULES OF THE FRENCH PROCEDURE

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

ROSTAMI RAMIN; CHERAGHI SHAHRAM; Mousavi Sara

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

Journal Paper

Paper Information

Journal: JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR) Year:2018 | Volume:2 | Issue:5 Page(s): 245-260

Download Full-Text

Persian Verion

View:

1,505

Download:

Cites:

Information Journal Paper

Title

LEGISLATIVE LEGISLATIVE POLICY OF IRAN IN RELATION TO THE PRINCIPLE OF EQUALITY OF ARMS IN THE PRELIMINARY INVESTIGATION PHASE IN THE NEW CRIMINAL PROCEDURE LAW WITH A VIEW TO THE RULES OF THE FRENCH PROCEDURE

Author(s)

ROSTAMI RAMIN | CHERAGHI SHAHRAM | Mousavi Sara | Issue Writer Certificate

Keywords

EQUAL ARMSQ1

PRELIMINARY INVESTIGATIONSQ1

CRIMINAL PROCEDUREQ1

FAIR TRIALQ1

IRANIAN LAWMAKERQ1

FRENCH LAWMAKERQ1

Abstract

The principle of equality of arms is one of the main elements of the overall equality of the parties in the proceedings. The principle of equality of arms, in the sense of equal opportunities of the parties to the criminal proceedings, is in defense of itself. This principle was first used in the decisions of the (former) European Human Rights Commission, and then in the European Court of Human Rights's judgments, and has been interpreted as an essential element of the FAIR TRIAL. The principle of equality of arms is a key principle of the international criminal justice system. Therefore, it is necessary that in the first confrontation of the accused, the victim and the prosecutor, the criminal justice system, in the preliminary investigation stage, which is the founder and the founder of the ballot, determines and observes the facilities and rights of these persons and guarantees the necessary observance of them. Offer. The principle of equality of arms is part of a wider sense than a FAIR TRIAL, which states that in a FAIR TRIAL away from hostile proceedings, there is the opportunity to obtain all evidence and evidence for the parties to the lawsuit. This principle has wide scope and applies throughout all stages of criminal proceedings, even in the initial investigations of the police. In the preliminary investigation phase in the new law, some of the basic assurances of this principle are foreseen. Therefore, since the principle of equality of arms is one of the most important and fundamental ideas in the FAIR TRIAL, this paper tries to investigate the comparative approach of this principle in Iran' s criminal law with the attitude and approach to law The new CRIMINAL PROCEDURE with French criminal law (as the pioneer of the complexity of the system, which our system of law also adheres to), reveals the strengths and weaknesses of this principle in the preliminary investigation phase and provides solutions for making the process more equitable. The trial, however small, is a step.

Cites

No record.

References

No record.

Cite

APA: Copy

ROSTAMI, RAMIN, CHERAGHI, SHAHRAM, & Mousavi, Sara. (2018). LEGISLATIVE LEGISLATIVE POLICY OF IRAN IN RELATION TO THE PRINCIPLE OF EQUALITY OF ARMS IN THE PRELIMINARY INVESTIGATION PHASE IN THE NEW CRIMINAL PROCEDURE LAW WITH A VIEW TO THE RULES OF THE FRENCH PROCEDURE. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), 2(5 ), 245-260. SID. https://sid.ir/paper/259739/en

Vancouver: Copy

ROSTAMI RAMIN, CHERAGHI SHAHRAM, Mousavi Sara. LEGISLATIVE LEGISLATIVE POLICY OF IRAN IN RELATION TO THE PRINCIPLE OF EQUALITY OF ARMS IN THE PRELIMINARY INVESTIGATION PHASE IN THE NEW CRIMINAL PROCEDURE LAW WITH A VIEW TO THE RULES OF THE FRENCH PROCEDURE. JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR)[Internet]. 2018;2(5 ):245-260. Available from: https://sid.ir/paper/259739/en

IEEE: Copy

RAMIN ROSTAMI, SHAHRAM CHERAGHI, and Sara Mousavi, “LEGISLATIVE LEGISLATIVE POLICY OF IRAN IN RELATION TO THE PRINCIPLE OF EQUALITY OF ARMS IN THE PRELIMINARY INVESTIGATION PHASE IN THE NEW CRIMINAL PROCEDURE LAW WITH A VIEW TO THE RULES OF THE FRENCH PROCEDURE,” JOURNAL OF CIVIL & LEGAL SCIENCES (GHANONYAR), vol. 2, no. 5 , pp. 245–260, 2018, [Online]. Available: https://sid.ir/paper/259739/en

Related Journal Papers