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Paper Information

Journal:   JOURNAL OF LAW AND POLITICS   winter 2018 , Volume 13 , Number 34 ; Page(s) 11 To 47.
 
Paper: 

Disclosure of the charge file; A tool to strengthen the principle of equality of arms (Comparative Study of Iran, France and International Judicial Law)

 
 
Author(s):  SAEEDI YASIN*, ASHORI MOHAMMAD, Mahdavisabet Mohammad Ali, RAZAVI FARD BEHZAD
 
* criminal law and criminology group, faculty of law, theology and politics, science and research azad university, Tehran
 
Abstract: 
Justice in criminal proceeding is not just detection a criminal offense. even if the punishment is commensurate with the crime committed by the offenders, "fair trial" will not be complete without realizing the concept of "fairness, it means the fulfillment of criteria and guarantees that fully supports the rights of one defendant during the proceedings. Therefore, the basic rights of the accused in criminal proceedings is opportunity to defend against the charges without incurring the least discrimination and inequality compared with the prosecutor. the "principle of equality of arms" and the real balance between the parties in a criminal proceeding and in fact the center of "equality" and "fairness" and, finally, "justice" in the process of proceedings have been realized. One of the most important means to realize the principle of equality, disclosure, or the need to disclose reasons by the prosecution and prosecutors of the criminal case, against each other and giving them adequate opportunities and facilities. So that they can act in equal conditions and provide reasons for the rejection of the disclosed evidence. The right t99o “ adequate facilities” must include access to documents and other evidence the accused requires to prepare her/his case as well as the opportunity to engage and communicate with counsel (See also 6. 3. 3). In the context of criminal proceedings, the European Commission on Human Rights has held that, read together with the principle of the equality of arms (See also 6. 1), the right to adequate facilities for the preparation of one’ s defence in Article 6(3)(b) of the ECHR imposes an obligation on prosecuting and investigating authorities to disclose any material in their possession, or to which they could gain access, which may assist the accused in exonerating her/himself or in obtaining a reduction in sentence. The Human Rights Committee has explained that disclosure must include documents and other evidence that the prosecution plans to offer in court against the accused or that are exculpatory.
 
Keyword(s): Equality of arms,Disclosure,Equity,fair trial
 
 
References: 
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Click to Cite.
APA: Copy

SAEEDI, Y., & ASHORI, M., & Mahdavisabet, M., & RAZAVI FARD, B. (2018). Disclosure of the charge file; A tool to strengthen the principle of equality of arms (Comparative Study of Iran, France and International Judicial Law). JOURNAL OF LAW AND POLITICS, 13(34 ), 11-47. https://www.sid.ir/en/journal/ViewPaper.aspx?id=663390



Vancouver: Copy

SAEEDI YASIN, ASHORI MOHAMMAD, Mahdavisabet Mohammad Ali, RAZAVI FARD BEHZAD. Disclosure of the charge file; A tool to strengthen the principle of equality of arms (Comparative Study of Iran, France and International Judicial Law). JOURNAL OF LAW AND POLITICS. 2018 [cited 2021May12];13(34 ):11-47. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=663390



IEEE: Copy

SAEEDI, Y., ASHORI, M., Mahdavisabet, M., RAZAVI FARD, B., 2018. Disclosure of the charge file; A tool to strengthen the principle of equality of arms (Comparative Study of Iran, France and International Judicial Law). JOURNAL OF LAW AND POLITICS, [online] 13(34 ), pp.11-47. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=663390.



 
 
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