Examining the important rules of human dignity regarding fair trial in Shiite jurisprudence and law

Document Type : Original Article

Authors

1 PhD student in Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran.

2 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran.

3 Associate Professor of Jurisprudence and Fundamentals of Islamic Law, Semnan Branch, Islamic Azad University, Semnan, Iran.

10.30510/psi.2022.305354.2318

Abstract

Enjoying the right to human dignity is one of the most important human rights. Fundamental human rights, which are closely related to the inherent dignity and moral activity of man, are theoretically undeniable and undeniable, and the government can not encroach on them. These rights are not created by the government to deprive it. The issue of fair trial is one of the most important issues in jurisprudence and law; The trial of criminals in the presence of a jury, as well as the extradition of these criminals, is one of the most important concessions that legislators make to this group of individuals and is directly related to human dignity. Our question in this article was what are the important rules of human dignity regarding fair trial in Shiite jurisprudence and law? Observance of equality, observance of judicial impartiality, observance of the rights of the accused, hearing the statements of the parties, uniformity in the judiciary, equality in the execution of the sentence, issuance of the verdict and not delay in it, the right to use a lawyer, the right to have a lawyer in Iran. The absent defendant, the right to appeal the verdicts in the formal laws, their observance and the place of justice in the judiciary, and finally the need to observe a fair trial constitute these rules, which we have discussed in detail in this article.

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