نوع مقاله : علمی - پژوهشی
نویسنده
دانشآموختة دکترای حقوق جزا و جرمشناسی دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The principle of legality of mode of trial is one of the requirements of the principle of legality of criminal procedures that has been mentioned in the Principle 36 of the Constitution, the Article 12 of the Islamic Penal Code and the Article 2 of the Criminal Procedure Code. This principle requires that the criminal procedure authorities ' operations and the mode of trial must be determined by law. Whereas this principle has been accepted by Iranian legal system, we should consider that whether its requirements has been given attention in practice? By studying the regulations in criminal procedure, it will be clarified that in some stages of criminal process, the regulations other than law have determined the mode of trial. In this case, we can mention some approvals of the head of judicial branch, especially after the adoption of the Criminal Procedure Code in 1392. Therefore, it seems that however the principle of legality of mode of trial in criminal procedure has been accepted in Iranian legal system, in some cases this principle has been breached in practice.
کلیدواژهها [English]