نوع مقاله : مقاله پژوهشی
دکتری حقوق، رئیس دانشگاه علمی کاربردی و معاون منابع انسانی دادگستری کل استان فارس
عنوان مقاله [English]
The principle of equality of arms is an important component of a fair trial, which means that the prosecution will provide conditions for each of the parties to the case to make a claim in a situation that makes him or her an adversary. It basically doesn't make it any less inappropriate. The legislature of the Criminal Procedure Code of 2013 has tried to inspire some of the provisions of this law based on the law of European countries, especially France, and has given equal opportunity to the parties to the disputes. Although the Iranian legislator did not explicitly envisage the principle of equality of arms as one of the most important principles of fair trial in the Iranian penal system, but with reflection on the provisions of this law, in particular Articles 2 to 6 thereof, The examples and effects of the principle of equality of arms and generally of fair trial standards and their observance in criminal proceedings are significant. Protections such as the accused's right to counsel, the right to information and access to the defendant's substantiating evidence, the right to adequate facilities and time to prepare a defense and equal access, the right to seek summons and questions and answers, and the refusal to hear. The existence of a relationship between one of the parties to the lawsuit, the principle of acquittal and equality before the court, is stated in the law that all mitigate the inequalities of possibilities between the prosecution and the accused, but on the other hand, there are cases such as the accumulation of prosecution power and Investigation in the single position, lack of a referral judge, lack of complete independence of the prosecutor and prosecutor Proof from the prosecutor in open court, the court, in violation of the principle of fair trial and equality of arms in this law.