نوع مقاله : مقاله پژوهشی
استادیار، گروه حقوق جزا و جرمشناسی، دانشکده حقوق، دانشگاه آزاد اسلامی، تهران شرق، تهران، ایران.
عنوان مقاله [English]
A fair and equitable trial is amongst the most important basic rights granted to individuals. Consequently, human rights criteria should govern it. These criteria which are also referred to as judicial standards, are set of rules that guarantees a fair and just trial; principles such as respecting a reasonable period of time in proceedings or avoiding unreasonable delays in the criminal process, which is sometimes known as the principle of speed in proceedings. Of course, the principle of speed in handling should be accompanied by accuracy to achieve the purpose of that principle. This article has identified the theoretical foundations of observing reasonable time in the criminal process in a descriptive-analytical way by using library tools. The findings of this research indicate that for the emergence of a fair and equitable trial, moral foundations, natural law, and criminological foundations are necessary. Therefore, the recognition and introduction of each of these foundations, which are basically derived from the most important goal of criminal proceedings, that is the execution of justice, helps us in the formation of criminal proceedings based on fundamental human rights. Paying attention to these rights in international documents, both global and regional, as well as domestic regulations shows the desire of most countries to strengthen these principles in their criminal system and as a result, to align with the aforementioned rules.