Document Type : Research Paper

Authors

• Gholamreza Gholipour ¹
• Nasrin Mehra ²

¹ PhD Student in Criminal Law, Shahid Beheshti University, Tehran, Iran (Corresponding Author)

² Associate Professor of Criminal Law and Criminology, Faculty of Law, Shahid Beheshti University, Tehran.

Abstract

Abstract
The right to fair trial is one of the fundamental human rights of humankind. Hence, this right has been now among constitutional norms and in the constitution of some countries it has been subject to constitutionalization. From a historical viewpoint, What important is the Mashruteh Constitution approach to fair trial, as a first constitution of Iran. The main question is that the drafters of this Act, what approach have to fair trial? This paper shows that drafters of Mashruteh Constitution and its complement (Motammem) dealt with “judicial security” and therefore recognized and constitutionalized a set of principles of fair trial such as legality, judiciality, privacy, judicial independence, access to justice, prohibition of unlawful arrest, etc. However, some other important principles such as presumption of innocence, access to a lawyer, prohibition of torture and etc were neglected. As a result, it can be concluded that the Mashruteh Constitution constitutionalized an incomplete version of fair trial.

Keywords

• fair trial
• Mashruteh Constitution
• constitutionalization
• judicial security
• procedural justice