The criminal procedure code 2013 has assigned Articles 2-6 to some Strategic principles of the Criminal Procedure. These principles acquainting the establishment of the fair trial model have driven the legislature to fulfil its international obligations originating from the international documents from one side and to respond positively to the legal community concerns related to observing the fair procedure requirements and its enhancement in the institutions and the different criminal process. So, the important function of these principles is to moderate and control the hostile acts of the criminal activists before the essential (fundamental) rights and liberties of the community members. These principles govern all the different stages of the criminal procedure, all its regulations, all criminal authorities (general and specialized) and semi-judicial. Considering that the legislature has not discussed the scope, provisions and effects of these principles at the time of their application and implementation in the current criminal process, this paper aims at studying the functions and the importance of these principles and presents practical strategies to promote the legislature’ s message in two levels “ legislation and precedent” .

Differential proceeding has different aspects and objectives. Despite completing the general rules of criminal procedure and eliminating the insufficiencies, this model of criminal procedure may have some other objectives such as orbital security, increased punishment in some special cases, the consideration of legal persons, the protection of human personality in the criminal process and effective confrontation with new forms and methods of committing a crime. The subject of this study is to analyze the necessities and principles in this field and to present specific criteria for investigating a legal person’s crimes in accordance with the analytical-descriptive method. Some of the necessities of this differentiation include the guarantee of rights of the parties of the case, the consideration of changes in committing crime practices, the prediction of appropriate tools for the criminal process, the structural differences of a legal person compared to a natural person, and the principle of equal weapons. considering the innocence principle and exceptional acceptance of the criminal responsibility of legal persons forms the important legislative basis for regulation in this type of procedure. A correct insight from criminal justice practitioners and other active practitioners of these principles plays an effective role in the interpretation of the law, fair trial achievement and the protection of the rights of individuals and society. The temporal and spatial unity of crime, a commonality in the charge between the legal representatives and the legal person and the similarity between the reference and the judicial authority is the common rules of this kind of proceeding. However, predicting the explanation of charges, particular criminal guarantee votes, derivative and exceptional criminal responsibility for legal persons, a different punishment regimen and the right to protest and an independent defence against judicial decisions and opinions are considered specific rules of a legal person’s proceedings.

Justice is a concept that human being have known since the beginning of the civilization and worked for its establishment. Lawyers have always been trying to provide appropriate solutions to accelerate proceedings and make justice possible in the shortest amount of time. In this regard, electronic procedure can be used to fix the prolongation of the proceedings, accelerate the court expedite current affairs, crime prevention and etc. Electronic procedure is a new method to solve the problems during the procedure in legal system and will help reach the law basic intentions i. e. justice and quick legal response. Due to the use of electronic procedures, time and place limitations have been reduced surprisingly. Lower judicial costs, respond acceleration, cohesion in judicial information system and official and judicial safety are the results of electronic procedures. In this study, the author aims at responding the ambiguities through reviewing the purposes, principles and characteristics of electronic procedurals.

Features and requirements governing the commercial law demands setting specific principles and regulations for the procedure law in realizing an efficient condition. Among them, some of these principles and regulations concern the necessity of fast and simple proceeding of the commercial disputes such as summary proceeding, provisional execution of judgment and short limitation period in commercial claims, leading to a rise in error costs in making decisions. Some other principles and regulations emphasize on specialized proceeding and regarding the principle of Free Consideration of Proof, which despite reducing the error costs of decision leads to more costly and time consuming proceedings. In order to omit possible inefficiency as a result of applying such principles and regulations, the economic analysis of law suggests a trade-off between proceedings costs, error costs and proceedings delay. Therefore, in order to proceed the commercial lawsuits included in the appearance rule, priority is with summary proceeding and in other lawsuits included in principle of Free Consideration of Proof using certain methods is needed, such as Prejudgment Interest, Alternative Dispute Resolution (ADR), Prejudgment Interest or Settlement Escrow which helps to reduce the number of cases and consequently increases the pace of proceeding.

Fair trial, as a fundamental human right, safeguards individual rights and freedoms while ensuring the legitimacy of the criminal justice system. It encompasses a set of procedural and substantive guarantees including the presumption of innocence, equality of arms, judicial impartiality, public hearings, access to counsel, and the right to be informed of charges, all grounded in human dignity and the rule of law. Using a descriptive-analytical approach and based on the review of statutory provisions, Islamic jurisprudential sources, and legal scholarship, this study explored the principles of fair trial within Iran’s criminal procedure system, examined their status, and analyzed existing implementation challenges. The findings revealed that although the Constitution of the Islamic Republic of Iran and the Criminal Procedure Code of Iran formally recognize many fair trial components, their practical enforcement is hindered by structural deficiencies, insufficient professional training for judicial police and judges, social and political pressures on the judicial process, and entrenched traditional crime-control attitudes. Moreover, Iran’s legal aid mechanisms remain inadequate, and oversight over judicial authorities is weak. It is therefore recommended to reform procedural laws, institutionalize continuous human rights training for judicial authorities and law enforcement, strengthen independent oversight mechanisms, and expand legal aid services to ensure effective defense for defendants. Implementing these reforms would enhance the legitimacy and efficiency of the criminal justice system and strengthen public trust in the judiciary.

Background: Advocacy is one of the most important institutions that can play a constructive role in the process of achieving justice. The presence of a lawyer in judicial trials will greatly facilitate the discovery of the truth and the prevention of encroachments and violations of citizens' rights. The necessity and importance of the right of defense have made it possible for advanced legal and judicial systems to view it as an important part of a fair trial to provide the necessary background for lawyers to perform their missions at all stages of the proceedings. Therefore, the presence of defense counsel during the proceedings is one of the most important and basic rights of the defendants and, in this respect, is particularly important in criminal matters. Therefore, the present study has attempted to examine the legal and ethical foundations of lawyer involvement in the judicial process. Conclusion: The presence of a lawyer in the criminal justice process is justified on a legal and ethical basis. The legal basis of the right to choose a lawyer in the criminal procedure process has justice based and utility approaches. In the (justice-based approach), the participation of the lawyer guarantees the defendant's fair trial and fair trial. But under the (utilitarian approach), the participation of the lawyer in order to prevent the diversion of justice, to prevent the arbitrariness of those involved in the criminal justice system, to speed up the process of justice and to secure legitimate liberties, can be justified. But the ethical principles of the right to choose a lawyer in the criminal proceedings; In order to prevent delays in the proceedings, non-discrimination between designated attorneys and reciprocal and subjugation attorneys, the statement of facts to the client while justifying the subject matter and the secrecy of the client's statements can be justified.

The point of departure for the law and the sign of the adherence to the rule of law is the existence of a constitution in one country. In the legal system of Iran, the safeguarding of the constitution is enforced by the Guardian Council and the judiciary. Nevertheless, the Guardian Council seems to be in line with the principles of fair trial enshrined in the constitution, When reviewing the legal and fundamental principles of the Code of Criminal Procedure, approved in 1392, some of the provisions of this law are in conflict with the principles of fair trial enshrined in the constitution. Accordingly, the analysis of existing conflicts, as well as the possibility of invoking the judges of the courts to the constitution, as well as the non-implementation of legal provisions against the principles of the Constitution. The present study, with a descriptive-analytical method, attempts to measure the compliance with ordinary laws related to the principles of superiority and, in the event of a change and non-conformity, to describe the guarantee of the implementation of these contradictions. The results indicate that the Code of Criminal Procedure, passed in 1392, despite the great progress made in observing the principles of fair trial enshrined in the constitution, in cases related to the right to appoint a lawyer and the publicity of dealing with political and press congresses, the principles related to separation of powers And other cases, contain sentences contrary to the spirit of the Constitution.

In general, regarding the functioning of civil procedure principles in criminal proceedings, the hypothesis is put forward that civil and criminal proceedings can have points of interaction with each other. The main objective is to analyze the feasibility of referring to the rules of civil procedure beyond legally specified instances. This study was conducted using a descriptive-analytical method and using comparative studies and judicial practice. The results show that in many cases, the principles of civil procedure, due to their constructive function in creating a basis for the sovereignty of the will of the parties to a private lawsuit arising from a crime in the criminal trial process, and at the same time, based on the deterrent function of the aforementioned principles in preventing the deviation of the judicial system from the goals of a fair trial, can be used as a basis for completing the secondary goals of criminal proceedings in dealing with the private aspect of the crime, provided that do not contradict the criminal nature of the lawsuit.

Background and Aim: The course of studies of different systems at different times and places indicates the effort to establish proofing sciences and the attempt to establish positive sciences for peace and humanitarian coexistence. This has always been a concern for jurists and sociologists around the globe. The purpose of this article is to inspire fundamental human principles such as "fairness", which will be beautifully combined with the glitter of humanitarian goodwill in Iran and its increasing role in resolving civil disputes in France under the title of "arbitrary principles". Method: The research has been studied by descriptive-analytical method by studying and comparing the descriptions and the joint texts of Iran and France and reviewing the judicial records. Findings: The findings show that this principle is based on granting special powers by the two litigants to the judge so that based on their agreement, the judge can, as far as possible, terminate the lawsuit through compromise and prevent the lawsuit from continuing. One of the most important features of this principle is the right to describe and even interpret the subject matter of the lawsuit by the judge in line with the main purpose of the "arbitrary principles" and the practical implementation of the "principle of fairness". In the comparative study, the two arbitration bodies and the dispute resolution councils are similar to the arbitrary principle,because arbitration according to the Iranian Civil Procedure Code is a consensus-based institution and the philosophy of creating dispute resolution councils is to grant peace, reconciliation and the authority to handle some minor disputes and issue a verdict. Therefore, the main study of the arbitrary principles in French proceedings, the powers of the judge in court, analysis of cases of French judicial law and comparison with arbitration and dispute resolution councils of Iranian civil procedure are the main topics of this article and it will be fortified with this main question that if arbitrary principles in the procedure civil litigation can play a positive role in the litigation process and its governing goals. Conclusion: The results of the study show that the arbitrary principles based on the consent of the parties, plays a very special role in preventing the delay of the trial and the multiplicity of judicial cases and the effort to resolve the case based on justice and fairness which with the emphasize of the role of legislative data in the evolution of the positive sciences can lead to acceptable results and a fair trial in the light of such arrangements can find a new spirit.