Document Type : Academicm and Research

Author

• hadi rostami

Associate Professor, Department of Law, Faculty of Humanities, Bu-Ali Sina University, Hamadan, Iran

Abstract

A fair trial has a close relationship with the structure of the criminal justice system and the manner of action of its affiliated institutions. Segregation and defining the duties of prosecution, investigation and trial authorities in the criminal process and the precise demarcation between them can help to establish a fair trial system. It is a violation of fair proceedings for a judge to play various roles at the same time and to interrogate the accused on a wide scale, and subsequently to decide on the accusation. Such a structure violates the principle of impartiality, which is emphasized by international documents such as the European Convention on Human Rights (1950) and the Bangalore Principles of Judicial Conduct (2002) as well as the practice of the European Court of Human Rights. The challenges of a fair trial in this regard include the fact that the prosecutor is appointed, has unlimited powers, is not accountable to elected institutions, which entails the risk of autocracy, having the authority to investigate and prosecute, lack of enforcement guarantee for not participating in criminal trials, despite the legal requirement that causes the judge to appear as a prosecutor and ignore the adversary principle in criminal proceedings. The solution to overcome this problem is to reduce the authority of the prosecutor and make him responsible through supervisory institutions such as what is foreseen in the statute of the International Criminal Court with the name "Preliminary Branch". Key words: prosecutor, prosecuting authority, fair trial, impartiality, separatism.

Keywords

• prosecutor
• prosecuting authority
• fair trial
• impartiality
• separatism

Main Subjects

• Legal (Comparative Islamic and Western Law)