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International Guarantees Of A Fair Criminal Trial | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 7, Issue 1, 2015, Pages 172-233 | ||
| Author | ||
| Saddam Hussain Al-FattlawiandBaqer Musa Saeed | ||
| Abstract | ||
| The trial is considered the most dangerous and most important stage on the future of the accused. It is the last stage in which the word of disjunction in the raised lawsuit is said against him and accordingly, his destination is determined. Therefore, all countries must provide the necessary guarantees to safeguard his dignity and save his position, by submitting him to specialized courts established by law and administered by neutral and independent authorities dealing with everyone equally, giving him opportunities to defend himself, paying the charge against him and enabling him to choose a representative for performing his matter. This is a characteristic of the democratic state which is committed to what international treaties and charters for human rights call for. The accused enjoys during the trial, several guarantees. They are multi guarantees including those related to the authority to consider the case, and which should be independent and impartial, and those related to the basic principles of criminal procedure as a principle of legality in criminal proceedings, and the principle of non-retroactivity of criminal law, and the principle of non-judging in crime twice, and the other relating to the basic rules governing those actions, namely publicity and verbal, and the codification of the proceedings and the adherence to its borders, that is to be done in the presence of the accused. There are other safeguards relating to the right of the accused to defense, which is to be treated on an equal footing in criminal proceedings by the specialized authority , and enjoys the same rights as enjoyed by his opponent without any discrimination in any form, afteBr he is taking note of the charge and the content against him, and has the right to have a lawyer and an interpreter if he does not speak or understand the language of the court, in addition to the right to listen to the witnesses and accountability, and not forcing him to testify on himself. | ||
| Keywords | ||
| The criminal trial of the most important stages of the criminal case; because of their determination of the fate of the accused | ||
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