Critical Review of "Fair Trial" in International Documents

Subject Areas : Political and International Researches Quarterly

Namdar Babayi ¹ , Valiolah Ansari ² , Ali qorbani ³

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Received: 2020-07-28 Accepted : 2020-07-28 Published : 2020-08-22

Keywords: victim, Fairness, Shiite jurisprudence, International Covenant, European proceedings, Islamic proceedings,

Abstract :

Namdar Babayi [1] Valiolah Ansari [2]  Ali qorbani [3] Abstract: The concept of fairness in modern criminal law has influenced by the defendant-oriented philosophy. The major part of the rules on the substantive criminal law andprocedure has been arranged to guarantee the rights of the defendant. This approach creates a complicated situation for the victim: He shouldtolerate the cruel as well as the criminal system considering him insignificant. The Universal Declaration ofHuman Rights, and in particular the International Covenant on Civil and Political Rights (1966),embodies such an idea. In so-called postmodern criminal law, this situation is undesirable, and the restorative justice approach, that guarantees the victim’s rights, tries to establish a balance between the plaintiff and defendant in the criminal justice process. In Islamic theology, correspondence of the hearing with God’s commands is the criteria of fairness while in Europe common’s judgment serves as the criteria of the fairness of the trial. [1]-Ph.D Candidate in Criminology and Criminal Law, Isalamic Azad University, Karaj Branch, [e-mail] [2]- Assistant Professor, Islamic Azad University, North Tehran Branch, Tehran, Iran, [e-mail] [3] - Assistant Professor, Islamic Azad Universit, Chaloos branch, Chaloos, Iran, [e-mail]