Criminal Law Doctrines

The Effect of Linguistic Diversity and the Right on Translation in the Realization of Fair Trial in International Criminal Proceedings

Heidar Piri

Volume 20, Issue 25 , July 2023, , Pages 93-126

https://doi.org/10.30513/cld.2023.5332.1868

Abstract

Realization of justice in international criminal proceedings requires objective criteria and standards due to the multilingual nature of this process. The right to a fair trial includes ... Read More Realization of justice in international criminal proceedings requires objective criteria and standards due to the multilingual nature of this process. The right to a fair trial includes a number of technicalities (procedurals) designed for the criminal justice process as an umbrella guarantee. Some aspects of this guarantee are directly related to the language. Language is both a means of doing justice for all the rights of the accused (prosecute claim) and one of the criteria for the realization of a procedural justice by providing free interpreter assistance in situations where the accused does not understand or cannot speak the working language of the court. The right for having an interpreter for such defendants is recognized both as a conventional international rule and is visible in the statutes of the International Criminal Courts, but the mere expression of this right without proper and practical application does not guarantee the right to be respected in international proceedings. Therefore, the question that is raised is what role does language and interpreter as a communication factor play in realizing a fair trial in the international criminal justice system that is full of multilingual proceedings. The author believes by following the legal doctrines, documents and judgments of international criminal courts that the right of a defendant who does not speak the working language of the court to have an interpreter is not only closely related to all the principles of fair trial and defense rights of the accused, but in fact, failure to observe this right can mean a violation of other formal principles in the trial. The logic of this right lies in effective communication by enabling the accused in order to protect the accused against arbitrariness and the minimum guarantees of a fair trial, especially where the trial is conducted in more than one language which has provided a hopeful structure for prosecuting claim of linguistic rights in criminal proceedings.

Functions of Strategic Principles of the Criminal Procedure

Muhammad mahdi Saghian; zahra eslami

Volume 18, Issue 22 , July 2022, , Pages 125-154

https://doi.org/10.30513/cld.2022.3028.1481

Abstract

The criminal procedure code 2013 has assigned Articles 2-6 to some Strategic principles of the Criminal Procedure. These principles acquainting the establishment of the fair trial model ... Read More

The Right of the Defendant’s Awareness of the Exculpatory Evidence in the Prosecutor’s Possession

Javad Salehi

Volume 14, Issue 13 , August 2017, , Pages 139-164

Abstract

The right of the defendant’s awareness of the exculpatory evidence in the hand of the prosecutor is of requisites for fair trial. The prosecutor’s duty is to reveal the ... Read More

The Accused’s Right to Benefit from the Assistance of Defending Attorney in the Preliminary Investigations Stage

Dr. Mohammad Ali Babaei; Ali Afrasiabi

Volume 7, Issue 13 , July 2010, , Pages 39-60

Abstract

an accusation enters the person accused into a process where special rights and obligations are applied. The Accused’s right to benefit from a fair trial, as ... Read More

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Keywords = Fair trial

The Effect of Linguistic Diversity and the Right on Translation in the Realization of Fair Trial in International Criminal Proceedings

Abstract

Functions of Strategic Principles of the Criminal Procedure

Abstract

The Right of the Defendant’s Awareness of the Exculpatory Evidence in the Prosecutor’s Possession

Abstract

The Accused’s Right to Benefit from the Assistance of Defending Attorney in the Preliminary Investigations Stage

Abstract