Subject Areas : International Legal Research

sajad fatahizafarghandi ¹ (دانشجوی دکتری حقوق کیفری و جرم‌شناسی، گروه حقوق، واحد آیت‌الله آملی، دانشگاه آزاد اسلامی، آمل، ایران. رایانه: [e-mail])
مهدی esmaeli ² (استادیار گروه حقوق، واحد تهران مرکزی، دانشگاه آزاد اسلامی، تهران، ایران. (نویسنده مسئول). رایانه: [e-mail])
hasan haji ³ (Associate Professor of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran)

Received: 2021-07-31 Accepted : 2022-02-11 Published : 2021-12-22

Keywords: justice, Armed Forces, Fair trial, cybercrime,

Abstract :

In the present study, a fair trial in cybercrime has been investigated by descriptive-analytical method. The result of the present study shows that the Code of Criminal Procedure of the Armed Forces and Electronic Trial, approved on 7/8/2014, has many positive aspects and points regarding the observance of civil rights, the rights of the accused, the right of defense, the lawyer, the trial process, guarantees. The trial is fair and just. If it undergoes general and serious changes, and by drafting executive regulations, its presence, using the professional experiences of experts, judges and lawyers, can be effective in guaranteeing the citizenship and fundamental rights of the people. The new Code of Criminal Procedure, with extensive numerical, formal and substantive changes in the Code of Criminal Procedure and the manner of prosecution of the accused, typically tends to apply the "principle of narrow interpretation in favor of the accused", observing the principles and norms of civil and human rights and trying to achieve the judicial system. Has justice to the plaintiff, mine, victim, witness, informant, lawyer and the like in the criminal proceedings. In the mentioned law, while removing many restrictions and obstacles regarding the right of defense and the defendant from the accused, the principle of the need for a lawyer and his right to defend the accused as his client and the need to understand the legal rights of the accused by the judiciary and Judicial officers put in all criminal matters.